Safety Alert
(19 February 2021)
(Click here to download a copy of the Safety Alert.) 

FMCSA Extends CDL, CLP, Medical Card Waiver Through May 31

The Federal Motor Carrier Safety Administration has extended its waiver of requirements for renewal of Commercial Driver Licenses, Commercial Learner’s Permits and Medical Certificates through May 31 due to the ongoing COVID-19 emergency.

            The waiver permits, 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 set forth in 49CFR 383.73(b)(9) and 383.73(d)(6). Under this 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.

            Similarly, the waiver permits, 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 set forth in 49 CFR 383.73(a)(2)(iii) and 383.25(c) without requiring the CLP holders to retake the general and endorsement knowledge tests.

            Thus, companies and drivers should contact their State Driver Licensing Agency to determine if the State will automatically extend the renewal date for CDLs and CLPs beyond March 1 through May 31. 

            The FMCSA waiver automatically waives until May 31, 2021, 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 December 1, 2020.

FMCSA Updates Guidance on Cross-Border Transportation During COVID Emergency  

The Federal Motor Carrier Safety Administration has updated its guidance on cross-border transportation during the COVID-19 emergency to provide that its waiver for States, CDL Holders, CLP Holders, and Interstate Drivers Operating Commercial Motor Vehicles, effective March 1, 2021 also applies to foreign drivers operating in the United States with commercial driver’s licenses issued by Canadian Provinces and Territories and Licencias Federales de Conductor issued by the United Mexican States.   

FMCSA Extends Emergency Declaration to May 31 

The Federal Motor Carrier Safety Administration has extended its Emergency Declaration related to the COVID-19 national emergency through May 31, 2021.

Under the Emergency Declaration, motor carriers and drivers providing direct assistance in support of relief efforts related to the COVID-19 public health emergency are granted emergency relief from driver hours of service requirements and all of Parts 390 through 399 of the FMCSRs, except as otherwise restricted.

The extension of the expanded modified Emergency Declaration No. 2020-002 provides regulatory relief for commercial motor vehicle operations providing direct assistance in support of emergency relief efforts related to COVID-19 and is limited to transportation of:

(1) livestock and livestock feed;

(2) medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19;

(3) vaccines, constituent products, and medical supplies and equipment including ancillary supplies/kits for the administration of vaccines, related to the prevention of COVID-19;

(4) supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants; and

(5) food, paper products and other groceries for emergency restocking of distribution centers or stores. Direct assistance does not include routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of this emergency declaration.

Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as medical care) or essential supplies related to COVID-19 during the emergency.

If you have any questions please contact:

Rick Schweitzer
office (202) 223-3040
mobile (703) 946-2548
rpschweitzer@rpslegal.com