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Due to the COVID-19 pandemic, the Federal Motor Carrier Safety Administration (FMCSA) issued an emergency declaration, exempting motor carriers and drivers providing direct relief from some of the Federal Motor Carrier Safety Regulations. There are several considerations and related waivers issued by the FMCSA, the Pipeline Hazardous Material Safety Administration (PHMSA), International Registration Plan (IRP), and individual states.
The viral pandemic and the resulting social distancing, closures, and restrictions created compliance confusion carriers related to medical exams, and driver licensing.
The FMCSA temporarily eased the standards for obtaining a commercial driver’s license (CDL) in response to the coronavirus (COVID-19) outbreak.
The agency granted a three-month waiver from certain commercial learner’s permit (CLP) regulations. The waiver is set to expire on February 28, 2022.
During the COVID-19 public health emergency, many states closed or reduced hours of operation in their State Driver Licensing Agencies (SDLA) in response to the guidance from the U.S. Centers for Disease Control and Prevention (CDC), or State and local guidance, to use social distancing to reduce the spread of COVID-19. While states have now reopened their SDLAs, the COVID-19 variants and surges in infections have impacted the pace of return to normal customer service levels in some states. As a result, some states have been unable, in timely fashion, to process and issue CDL credentials to CLP holders who have passed the driving skills test.
The first part of the waiver covers 49 CFR 383.235(a)(1) and ensures that law enforcement will not take action against CLP holders for the operation of a commercial motor vehicle (CMV) without a CDL holder present in the front seat of the vehicle provided:
This provision does not allow a CLP holder to operate a CMV solo. The CLP holder must be accompanied by an individual with a valid CDL.
The waiver does not apply if the CLP holder’s driving privileges have been suspended, withdrawn, or if the CLP holder is prohibited from performing safety-sensitive functions under the drug and alcohol regulations (49 CFR 382).
The second part of the waiver covers 49 CFR 383.79(a), which allows states to administer a driving skills test to any nondomiciled CDL applicant regardless of where an applicant received driver training.
During the COVID-19 public health emergency, many states closed or reduced hours of operation in their State Driver Licensing Agencies (SDLA) in response to the guidance from the U.S. Centers for Disease Control and Prevention (CDC), or State and local guidance, to use social distancing to reduce the spread of COVID-19. While states have now reopened their SDLAs, the COVID-19 variants and surges in infections have impacted the pace of return to normal customer service levels in some states. As a result, some CDL and CLP holders may be unable to renew their CDLs and CLPs or provide medical certificates to their SDLA. In addition, due to limited operations or backlogs, drivers may be unable to obtain appointments for physical examinations with medical examiners to comply with the Federal Motor Carrier Safety Regulations (FMCSRs).
The FMCSA granted a waiver for certain CDL, CLP, and medical-certification requirements through due to the COVID-19 outbreak.
Under the waiver, the FMCSA permits, but does not require, states to extend the validity of commercial driver’s licenses (CDLs) and commercial learner’s permits (CLPs) and to waive the 14-day waiting period and grants other waivers from certain regulations applicable to interstate and intrastate CDL and CLP holders and to other interstate drivers operating commercial motor vehicles (CMVs).
The current waiver expires on February 28, 2022 unless the FMCSA rescinds the waiver before that date.
In response to the above and to continue the ability of intrastate and interstate CDL and CLP holders and interstate non-CDL drivers to transport goods in response to the COVID-19 public health emergency, the waiver:
Terms of the Waiver:
Under the Hazardous Material Regulations (HMRs), no physical contact between parties is required for the purposes of shipping papers. Shippers and carriers may therefore meet all requirements for hazardous materials shipping papers and maintain necessary social distancing. Shipping papers may be exchanged, for example, by physically attaching the document to a clipboard and placing it on a table and stepping away while the paper is signed or sending the document via email or other means of electronic transmission.
PHMSA believes carriers and shippers may satisfy the safety requirements of the HMR while maintaining appropriate social distancing during the COVID-19 public health emergency.
The policy is effective until rescinded.
The International Registration Plan (IRP) is an agreement that provides for the apportioned registration of commercial motor vehicles, allowing a qualifying commercial vehicle to travel through several states with one license plate, provided the apportioned registration fees have been paid for each state of travel shown on the cab card.
The International Fuel Tax Agreement (IFTA) is an agreement among member jurisdictions (the lower 48 United States and 10 Canadian provinces) for the collection and distribution of fuel use tax revenues.
Many of the participating jurisdictions are providing extensions to expiring credentials and/or waiving fees for movements in support of the FMCSA’s emergency declaration. Due to the nature of the programs, the waivers and exemptions can and do vary from jurisdiction to jurisdiction.
Some states and several major cities have issued stay-at-home orders that restrict business and personal activity.