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A waiver is temporary regulatory relief from one or more of the Federal Motor Carrier Safety Regulations (FMCSRs). It is intended for unique, non-emergencyevents.
Scope
These regulations apply to all who have an interest in the motor carrier industry, including (but not limited to) the general driving public, carriers, and drivers.
Regulatory citations
- 49 CFR 381 Subpart B — Procedures for requesting waivers
Key definitions
- Waiver: Temporary regulatory relief from one or more FMCSR given to a person subject to the regulations, or a person who intends to engage in an activity that would be subject to the regulations.
Summary of requirements
Waiver requests. An individual, motor carrier, or other entity responsible for the operation of a commercial motor vehicle (CMV) may request a waiver if one or more of the FMCSRs would prevent the operation of CMVs, or make it difficult to do so, during a unique, non-emergency event that will take no more than three months to complete.
Before requesting a waiver, the regulation should be carefully reviewed to determine if there are practical alternatives already available. It should also be determined if a waiver from all or some of the requirements in a part of the regulations is necessary.
Waivers may only be granted from one or more of the following requirements:
| Regulatory citation (Part) | Description |
|---|---|
| Part 380 | Special Training Requirements |
| Part 382 | Controlled Substances and Alcohol Use and Testing |
| Part 383 | Commercial Driver’s License Standards; Requirements and Penalties |
| Part 384 | State Compliance with Commercial Driver’s License Program |
| 390.19 | Motor Carrier Identification Report |
| 390.21 | Marking of Commercial Motor Vehicles |
| Part 391 | Qualifications of Drivers |
| Part 392 | Driving of Commercial Motor Vehicles |
| Part 393 | Parts and Accessories Necessary for Safe Operation |
| Part 395 | Hours of Service of Drivers |
| Part 396 | Inspection, Repair, and Maintenance (except for 396.25) |
| Part 399 | Step, Handhold, and Deck Requirements |
Application. To apply for a waiver, a written request must be sent to the Federal Motor Carrier Safety Administration (FMCSA). The request must include:
- Name, job title, mailing address, and daytime telephone number;
- The name of the individual, motor carrier, or other entity responsible for the use or operation of CMVs during the unique non-emergency event;
- Principal place of business for the motor carrier or other entity (street address, city, state, and zip code); and
- The USDOT (United States Department of Transportation) identification number of the motor carrier (if applicable).
A written statement must be provided that:
- Describes the unique, non-emergency event for which the waiver would be used, including the time period during which the waiver is needed;
- Identifies the regulation from which the waiver is requested;
- Provides an estimate of the total number of drivers and CMVs that would be operated under the terms and conditions of the waiver; and
- Explains how safety will be ensured at a level that is equivalent to, or greater than, the level of safety that would be obtained by complying with the regulation.
FMCSA review. The FMCSA will review the request and make a recommendation to the Federal Motor Carrier Safety Administrator. The final decision to grant or deny the application for a waiver will be made by the Administrator.
After the decision is signed by the Administrator, a copy of the document is sent to the applicant. The document will include the terms and conditions of the waiver or the reason for denying the application for a waiver.
The FMCSA will attempt to issue a response within 60 calendar days of the date it receives the request. Depending on the complexity of the issues discussed in the application, and the availability of FMCSA staff to review the material, a final decision may take up to 120 days.