FMCSA extends several Covid-19 waivers

The Federal Motor Carrier Safety Administration (FMCSA) has extended several COVID-19 waivers that have been in place over the last year. Of particular note, FMCSA has not extended the CDL/CLP/Medical Certificate expiration waivers. Instead, they issued a “Notice of Enforcement Policy”, essentially allowing enforcement discretion for any driver who may have an expired CDL/CLP/Med Card. Details are included below.

First, FMCSA’s Emergency Declaration which was set to expire on February 28th  has been extended until May 31, 2022. This declaration is limited to the transportation of the following items only:

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;
5. Food, paper products, and other groceries for emergency restocking of distribution centers or stores;
6. Gasoline, diesel, jet fuel, and ethyl alcohol; and
7. Supplies to assist individuals impacted by the consequences of the COVID-19 pandemic (e.g., building materials for individuals displaced or otherwise impacted as a result of the emergency).

As with the previous extension, this declaration applies only to 395.3 “Maximum Driving Time for Property-Carrying Vehicles”. This declaration becomes effective at 12:00 a.m. March 1, 2022, and expires May 31, 2022, unless modified or terminated sooner. Reporting requirements previously established remain in effect. To be eligible, the transportation must be both (1) of qualifying commodities and (2) incident to the immediate restoration of those essential supplies. We strongly encourage everyone to review the applicability, restrictions, and limitations listed within the waiver.

CDL/CLP/MEDICAL EXAMINATION ENFORCEMENT DISCRETION

Meanwhile, FMCSA also issued a notice of enforcement policy/discretion regarding CDL/CLPs and Medical Examinations. FMCSA will exercise its enforcement discretion to not take enforcement action for 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. FMCSA will also exercise enforcement discretion for CMV drivers whose medical certification or medical variance expired on or after December 1, 2021. Drivers whose medical certification or medical variance expired before December 1, 2021, are not covered by this notice of enforcement policy.

This notice is effective March 1, 2022, and expires on April 15, 2022.

ADDITIONAL NOTICES AND RESOURCES

FMCSA has extended existing waivers related to CLP holders, out-of-state skills testing, and the 14 day waiting period here.  Additional resources, including frequently asked questions, can be found here.