Washington Metropolitan Area Transit Authority

Board Action/Information Summary

TITLE:

Indemnifying MD MVA for WMATA CDL Testing Program

PRESENTATION SUMMARY:

WMATA will establish a CDL Employer Testing Program in cooperation with the Maryland Motor Vehicle Administration. This will allow the Bus Training Department to issue CDL tests on our own property for Maryland residents. This will eliminate excessive time spentrequesting, and traveling to and from, appointments at various MVA locations.

PURPOSE:

The MVA allows organizations to apply, be trained and implement their own CDL Employer Testing Program. The application process requires a Memorandum of Understanding with the MVA and this agreement requires language regarding indemnification. Indemnification requires Board of Directors approval and passage of a resolution (attachment).

This request is being made at this time since it is becoming more difficult to arrange for testing appointments for our employees and valuable time is being lost waiting for the testing.

DESCRIPTION:

Bus operator candidates oftentimes do not have a CDL when applying for the positon. WMATA has the training staff to prepare candidates for the necessary testing to acquire the appropriate license. The Commercial Driver’s License is required before candidates can train with passengers on board the bus and must have the license before going into revenue service without a trainer on board.

Under the proposed agreement with the MVA, once the operator candidate has successfully passed the necessary test requirements, the results will be transmitted to the MVA and they will issue the required license.

Key Highlights:

Approval of the indemnification and the finalization of the Memorandum of Understanding with the MVA will reduce the overall training time for new bus operators and minimize the wait time for employees to receive their CDL license. This process will allow quicker filling of vacancies which reduces overtime and provides the staffing needed to provide timely and safe services to our customers.

Background and History:

Action Information MEAD Number:200962

Resolution:Yes No

Consent Item (A) 09-24-2014

Maryland and Virginia recently passed new regulations which prevent trainees with a CDL learner’s permit to operate a bus in training while carrying passengers. This is a significant change from past practice. With the increase in class size of bus operator classes, being able to test employees for their CDL would shorten the training time without impacting the quality of training provided. The sooner the CDL is received the sooner full training experiences can be obtained.

Currently, CDL testing is provided at MVA locations by appointment. With approval of this action and a signed Memorandum of Understanding with the MVA, WMATA will establish an interim testing site at the currently underutilized Landover Rail Station parking lot.

Discussion:

Indemnifying the State of Maryland Department of Motor Vehicles Administration and the signing of the Memorandum of Understanding will provide a more efficient process for obtaining Commercial Driver’s License will improve the testing process and allow completion of the training program in a shorter period of time. Similar actions are notrequired for the District of Columbia or Virginia candidates because WMATA can arrange timely testing appointments.

FUNDING IMPACT:

TIMELINE:

RECOMMENDATION:

Authorize the Indemnification of the State of Maryland Department of Motor VehicleAdministration.

There is no additional funding impact. Current employer training is already included in the FY15 budget. Implementing the Employer Testing Program (ETP) will create an efficient and timely CDL process for applicants, save Metro money on fuel costs traveling to MVA testing locations, and increase WMATA employee productivity by eliminating travel time for employees driving applicants to the testing site.

Project Manager: Anne CareyProject

Department/Office: Bus Services - Bus Transportation/Training

Previous Actions None

Anticipated actions afterpresentation

Maryland's Motor Vehicle Administration and WMATA signing the MOU.Preparing the training course for testing.Begin testing within 90 days of this approval.

PRESENTED AND ADOPTED: September 24, 2014

SUBJECT: INDEMNIFYING THE MARYLAND MOTOR VEHICLE ADMINISTRATION FOR THE WMATA COMMERCIAL DRIVER'S LICENSE EMPLOYER TESTING PROGRAM

2014-51

RESOLUTION OF THE

BOARD OF DIRECTORS OF THE

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

WHEREAS, The Washington Metropolitan Area Transit Authority (WMATA) trains its bus operator applicants and the Maryland Motor Vehicle Administration (MVA) conducts the Commercial Driver's License (CDL) skills test, which applicants must pass to receive their CDL and become a WMATA bus operator; and

WHEREAS, WMATA has increased its hiring of bus operators to fill open vacancies resulting in larger bus operator applicant classes and requiring an efficient process for applicants to receive their CDL; and

WHEREAS, WMATA Bus Transportation Training employees must secure appointments with MVA and drive with applicants to an MVA testing site in a WMATA bus so applicants can complete their CDL skills test; and

WHEREAS, This process increases the wait time for an applicant to receive a CDL, become a WMATA bus operator, and serve the riding public; and

WHEREAS, MVA has an Employer Testing Program (ETP), which allows WMATA to conduct CDL skills tests on-site for its applicants and send the test results to MVA so that applicants who pass the skills test may pick up their CDL card at any MVA location; and

WHEREAS, Implementing the ETP will create an efficient and timely CDL process for applicants, save WMATA money on fuel costs traveling to MVA testing locations, and increase WMATA employee productivity by eliminating travel time for employees driving applicants to the testing site; and

WHEREAS, MVA will not grant WMATA permission to become an Employer Tester and establish an ETP unless WMATA agrees to the following provision:

Indemnify and hold harmless the State of Maryland, the Maryland Motor Vehicle Administration, and all of its officers, employees, and agents from

Motioned by Mr. Downs, seconded by Mr. Dyke Ayes: 7 - Mr. Downs, Mr. Downey, Mrs. Hudgins, Mr. Dyke, Ms. Bowser, Mr. Acosta and Mr. Goldman

and against any and all rights, causes of action, claims, demands, suits, liabilities, losses, damages, and costs, whether such actions are in law or equity, arising out of, based upon, occasioned by or attributable to any act or omission of the Employer Tester Program (WMATA) or the Employer Testers of WMATA, or other employees of WMATA in the performance of this agreement; and

WHEREAS, The WMATA Board of Directors approval is required for WMATA to indemnify a third party; now, therefore be it

RESOLVED, That the Board of Directors approves the granting of the requested indemnification described in this Resolution; and be it finally

RESOLVED, That this Resolution shall be effective immediately.

WMATA File Structure No.: 6.7.1 New Hire Bus Training

Reviewed as to form and legal sufficiency,

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