Ask X3What does 49 CFR 380.721 (Removal from training provider registry: factors considered) require?
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According to 49 CFR 380.721, the Federal Motor Carrier Safety Administration (FMCSA) may remove a training provider from the Training Provider Registry (TPR) if the provider fails to meet or maintain any of the qualifications established by the subpart or the requirements of other applicable State and Federal regulations. If a provider is removed, any training they conduct after the removal date is considered invalid.
Specifically, 49 CFR 380.721 states that the factors FMCSA may consider for removing a provider include:
1. Failing to comply with the requirements for continued listing on the TPR (§ 380.719).
2. Denying FMCSA or its authorized representatives the opportunity to audit or investigate training operations.
3. Having an audit or investigation reveal material deficiencies in the provider's program, operations, or eligibility.
4. Falsely claiming to be licensed, certified, registered, or authorized to provide training in any State where in-person training is offered.
5. The pass rates of the provider's trainees on State-administered CDL skills examinations (for Class A CDL, Class B CDL, passenger endorsement, and/or school bus endorsement) and CDL knowledge tests (for hazardous materials endorsement).
Additionally, in cases of fraud or criminal behavior where driver-trainees knowingly participated, FMCSA reserves the right to retroactively invalidate training on a case-by-case basis.