Commercial Learner’s Permit (CLP) waiver
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:
- The CDL holder is elsewhere in the cab;
- Authorization from a state driver licensing agency or third-party tester that the CLP
holder has passed the CDL driving skills test and;
- A valid non-CDL driver’s license, CLP, and medical certificate unless covered under
a waiver effective December 1, 2021.
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The waiver does not apply if the CLP holder’s driving privileges have been suspended, withdrawn, or if the CLP holder is prohibited from performing safety-sensitive functions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.
Expired Commercial Driver License (CDL), CLPs, and
medical cards waiver
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:
- Allows, but does not require, states to extend the validity of CDLs due for renewal on or after March 1, 2020 beyond the 8-year maximum period of validity. Under the waiver, states have the discretion to determine whether, due to the COVID-19 public health emergency, there is a continued need to extend the validity of CDLs that expired on or after March 1, 2020. For States opting to implement the relief the FMCSA waives until February 28, 2022, the requirement in 49 CFR 383.73(b)(9) and 49 CFR 383.73(d)(6).
- Allows, but does not require, states to extend the validity of CLPs due for renewal on or after March 1, 2020 beyond the one-year maximum period of validity without requiring the CLP holders to retake the general and endorsement knowledge tests. Under the waiver, states have the discretion to determine whether, due to the COVID-19 public health emergency, there is a continued need to extend the validity of CLPs For states opting to implement the relief the FMCSA waives, until February 28, 2022, the requirement in 49 CFR 383.73(a)(2)(iii) and 49 CFR 383.25(c).
- Permits, but does not require, states to allow CLP holders to take the CDL skills test without waiting 14 days after initial issuance of the CLP, as required by 49 CFR 383.25(e). Under the waiver, states have the discretion to determine whether, due to the COVID-19 public health emergency, there is a continued need to waive the 14-day waiting period for CLP holders to take the CDL skills test. For states opting to implement the relief the FMCSA waives, until February 28, 2022, the requirement in 49 CFR 383.25(e).
- Waives until February 28, 2022, the requirement under 49 CFR 391.45 that CDL holders, CLP holders, and non-CDL drivers have a medical examination and certification, provided they have proof of a valid medical certification and any required medical variance issued for a period of 90 days or longer and expired on or after September 1, 2021.
- Waives until February 28, 2022, 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 SDLA with an original or copy of a subsequently issued medical examiner’s certificate and any required medical variance, provided they have proof of a valid medical certification or medical variance that expired on or after September 1, 2021.
- Waives until February 28, 2022, the requirement under 49 CFR 383.73(o)(2) that the SDLA change the CDL or CLP holder’s medical certification status to “not certified” upon the expiration of the medical examiner’s certificate or medical variance, provided they have proof of a valid medical certification or medical variance that expired on or after September 1, 2021.
- Waives until February 28, 2022, the requirements under 49 CFR 383.73(o)(4) that the SDLA initiate a CDL or CLP downgrade upon the expiration of the medical examiner’s certificate or medical variance, provided the CDL or CLP holders have proof of a valid medical certification or medical variance that expired on or after September 1, 2021.
- Until February 28, 2022, the FMCSA continues to recognize the validity of commercial driver’s licenses 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 waiver 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.
Terms of the Waiver:
- The waiver does not apply to a:
- CDL or CLP holder if the driver’s license or permit expired before March 1, 2020,
- Non-domiciled CLP or CDL holder if the non-domiciled driver’s legal presence is not valid, or a
- CDL or CLP holder if the driver’s privileges have been suspended or withdrawn for traffic offenses or if the driver is otherwise disqualified to operate a CMV;
- Drivers claiming relief under the waiver from the requirement for a valid medical certificate must have proof of a valid medical certificate and any required medical variance in accordance with the periods of eligibility set forth above, and carry a paper copy of their expired medical certificates;
- Drivers who cannot produce evidence of a prior medical certification and any required medical variance in accordance with the periods of eligibility are not covered under the waiver, including new drivers who have never obtained a medical certification;
- Drivers who, since their last medical certificate was issued, have been diagnosed with a medical condition that would disqualify the driver from operating in interstate commerce, or who, since their last medical certificate was issued, have developed a condition that requires an exemption or Skill Performance Evaluation from FMCSA are not covered under the waiver;
- The waiver does not apply to medical examiner’s certificates originally issued for less than 90 days; and
- Each motor carrier must notify FMCSA within 5 business days of an DOT reportable accident involving any CDL holder, CLP holder, or non-CDL driver operating under the terms of the waiver.
