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FMCSAs Temporary Waiver for States, CDL Holders, CLP Holders & Insterstate Drivers Operating Commercial Motor Vehicles (COVID19)

FMCSA issued a temporary waiver for States, CDL holders, CLP holders, and interstate drivers operating commercial motor vehicles in response to the COVID-19 emergency. Given the limited availability and operations of State Driver License Agencies and Medical facilities, FMCSA has determined that it is in the public interest to issue a waiver, limited in scope and circumstances, until June 30, 2020. Additionally, FMCSA issued a “Notice of Enforcement Policy” to allow FMCSA to exercise its enforcement discretion in certain cases when a CLP, CDL, or Medical Certificate is expired.

This is not a blanket exemption from the CLP, CDL, and/or Medical Certificate requirements, and drivers and carriers should review the details of the waiver to ensure their operations qualify.  Here are the details:
FMCSA's Regulatory Provisions Waived:
  • Extends until June 30, 2020, the maximum period of CDL validity by waiving 49 CFR 383.73(b)(9) and 383.73(d)(6) for CDLs due for renewal on or after March 1, 2020.
  • Extends until June 30, 2020, the maximum period of CLP validity by waiving 49 CFR 383.73(a)(2)(iii) and 383.25(c) for CLPs that are due for renewal on or after March 1, 2020, without requiring the CLP holders to retake the general and endorsement knowledge tests.
  • Waives the requirement under 49 CFR 383.25(e) that CLP holders wait 14 days to take the CDL skills test.
  • Waives the requirement under 49 CFR 391.45 that CDL holders, CLP holders, and non-CDL drivers have a medical examination and certification, provided that they have proof of a valid medical certification that was issued for a period of 90 days or longer and that expired on or after March 1, 2020.
  • Waives 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 State Driver Licensing Agency with an original or copy of a subsequently issued medical examiner's certificate, provided that they have proof of a valid medical certification that expired on or after March 1, 2020.
  • Waives the requirement under 49 CFR 383.73(o)(2) that the State Driver Licensing Agency 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 that the CDL or CLP holders have proof of a valid medical certification that expired on or after March 1, 2020.
  • Waives the requirements under 49 CFR 383.73(o)(4) that the State Driver Licensing Agency initiate a CDL or CLP downgrade upon the expiration of the medical examiner's certificate or medical variance, provided that the CDL or CLP holders have proof of a valid medical certification or medical variance that expired on or after March 1, 2020.
  • In accordance with 49 CFR 383.23(a)(1) and 391.41(a)(1)(i), 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 notice or declaration 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.

News Releases

Gov. Ricketts Issues Executive Order to Temporarily Ease Driver and Vehicle Requirements  Press Release
Nebraska Department of Motor Vehicles - Driver Licensing FAQ on Gov. Ricketts Executive Order on DMV Requirements FAQ Sheet
Notice to State Drivers Licensing Agencies of the Federal Motor Carrier Safety Administration's Policy Regarding Effect of Actions during COVID-19 Emergency Guidance

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