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FMCSA Waives Certain Provisions for Commercial Drivers

Published
24 March 2020

By WorkCare

In response to the COVID-19 national emergency, the Federal Motor Carrier Safety Administration (FMCSA) has granted a waiver from certain commercial motor vehicle (CMV) driver regulations. The waiver will remain in effect until June 30, 2020.

The waiver applies to interstate and intrastate commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders, and to other interstate drivers operating CMVs.

The FMCSA said the waiver is likely to achieve a level of safety “equivalent to, or greater than, the level of safety that would be obtained in the absence of the waiver.” The following provisions apply:

Extends until June 30 the maximum period of CDL validity by waiving 49 CFR 383.73(b)(9) and 383.73(d)(6) for CDLs due for renewal on or after March 1, 2020.
Extends until June 30 the maximum period of CLP validity by waiving 49 CFR 383.73(a)(2)(iii) and 383.25(c) for CLPs that are due for renewal on or after March 1, 2020, without requiring the CLP holders to retake the general and endorsement knowledge tests.
Waives the requirement under 49 CFR 383.25(e) that CLP holders wait 14 days to take the CDL skills test.
Waives the requirement under 49 CFR 391.45 that CDL holders, CLP holders, and non-CDL drivers have a medical examination and certification, provided that they have proof of a valid medical certification that was issued for a period of 90 days or longer and that expired on or after March 1, 2020.
Waives the requirement under 49 CFR 383.71(h)(3) that, in order to maintain the medical certification status of “certified,” CDL or CLP holders provide the State Driver Licensing Agency with an original or copy of a subsequently issued medical examiner’s certificate, provided that they have proof of a valid medical certification that expired on or after March 1, 2020.
Waives the requirement under 49 CFR 383.73(o)(2) that the State Driver Licensing Agency change the CDL or CLP holder’s medical certification status to “not certified” upon expiration of the medical examiner’s certificate or medical variance, provided that the CDL or CLP holders have proof of a valid medical certification that expired on or after March 1, 2020.
Waives the requirements under 49 CFR 383.73(o)(4) that the State Driver Licensing Agency initiate a CDL or CLP downgrade upon the expiration of the medical examiner’s certificate or medical variance, provided that the CDL or CLP holders have proof of a valid medical certification or medical variance that expired on or after March 1, 2020.
In addition, in accordance with 49 CFR 383.23(a)(1) and 391.41(a)(1)(i), FMCSA continues to recognize the validity of CDL’s issued by Canadian Provinces and Territories and Licencias Federales de Conductor issued by the United Mexican States, in accordance with 49 CFR part 383, when such jurisdictions issue a similar notice or declaration extending the validity date of the medical examination and certification and/or validity of the corresponding commercial driver’s license due to interruption to government service resulting from COVID-19.

Click here for the FMCSA’s expanded emergency declaration.