FMCSA emergency declaration

FMCSA grants waiver from some CDL and CLP regulations

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Waiver in Response to the COVID-19 National Emergency – For States, CDL Holders, CLP Holders, and Interstate Drivers Operating Commercial Motor Vehicles.

Summary

FMCSA grants, until September 30, 2020, a waiver from certain regulations applicable to interstate and intrastate commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders and to other interstate drivers operating commercial motor vehicles (CMVs). FMCSA has initiated this action in response to the President’s declaration of a national emergency under 42 U.S.C. § 5191(b) and the public health emergency declared by the Health and Human Services Secretary related to Coronavirus Disease 2019 (COVID-19) and section 4 of Executive Order No. 13924, Regulatory Relief to Support Economic Recovery, 85 FR 31353 (June 9, 2020).

This waiver is effective July 1, 2020 and expires on September 30, 2020.

The full waiver, including a PDF is available online at the FMCSA website.

A Notice of Enforcement Policy Regarding Expiring Driver’s Licenses and Medical Examiner’s Certificates During COVID-19 National Emergency has also been posted.

FMCSA will exercise its enforcement discretion to not take enforcement action for the following:

  • 49 CFR 383.23(a)(2) – a CLP or CDL holder operating a CMV with an expired license, but only if the CLP or CDL was valid on February 29, 2020, and expired on or after March 1, 2020.
  • 49 CFR 383.37(a) – a motor carrier that allows a CLP or CDL driver to operate a CMV during a period in which the driver does not have a current CLP or CDL, but only if the CLP or CDL was valid on February 29, 2020, and expired on or after March 1, 2020.
  • 49 CFR 391.11(b)(5) – a CMV driver (i.e., CLP, CDL, or non-CDL license holder) or motor carrier that allows a CMV driver to operate a CMV during a period in which the driver’s operator license has expired, but only if the driver’s license was valid on February 29, 2020, and expired on or after March 1, 2020, and the driver is otherwise qualified to drive under 391.11.
  • 49 CFR 391.45(b) – a CMV driver or motor carrier that allows a CMV driver to operate a CMV during a period in which the driver does not have the current medical certificate and any required medical variance as required by 49 CFR 391.45(b), but only if the driver has evidence of a medical certification and any required medical variance that was valid on February 29, 2020 and expired on or after March 1, 2020.