March 23, 2020
We hope you are continuing to stay safe and healthy. Below you will find updates that have occurred since our last post on Friday, March 20th.
1. FMCSA Issues Notice to State Drivers Licensing Agencies of the Federal Motor Carrier Safety Administration’s Policy Regarding Effect of Actions during COVID-19 Emergency
On Friday March 20, 2020, the FMCSA issued a Notice to State Drivers Licensing Agencies of the Federal Motor Carrier Safety Administration’s Policy Regarding Effect of Actions during COVID-19 Emergency. By issuing this notice, the FMCSA is essentially temporarily waiving federal requirements (CDL & CLP), and will not hold a state accountable for the actions they take with respect to the issuance or re-issuance CDLs and CLPs.
The memorandum states:
“Under the provisions of 49 U.S.C. § 31311(a), the Commercial Motor Vehicle Safety Act of 1986 sets forth the requirements for States to participate in the commercial driver’s license (CDL) program. Under 49 U.S.C. § 31312, the Federal Motor Carrier Safety Administration (FMCSA) has the authority to decertify States found to be in substantial non-compliance with the requirements of 49 U.S.C. § 31311(a) from issuing CDLs. Under 49 U.S.C. § 31314, as implemented through 49 CFR Part 384, if, during FMCSA’s annual review of a State’s compliance with 49 U.S.C. § 31311(a), a State is found to be in substantial non-compliance, FMCSA shall withhold amounts from a State’s apportionment of Title 23 Federal-aid Highway funding beginning the first fiscal year following the first fiscal year of substantial non-compliance.
Ensuring that commercial driver’s license holders are available to operate commercial motor vehicles during the national emergency declared by the President under 42 U.S.C. § 5191(b) related to Coronavirus Disease 2019 (COVID-19) is critical to the safety of the transportation and energy supply networks and the economic stability of our Nation. This notice sets forth the Agency’s view of various actions State Drivers Licensing Agencies (SDLA) may exercise during the emergency relating to COVID-19 for which FMCSA would decline to issue a finding or make a determination of substantial non-compliance.”
The publication also includes Frequently Asked Questions. For more information, please email [email protected].
2. Capitol Hill Attempting to Approve Legislation
After failing to agree on the Coronavirus Aid, Relief, and Economic Security Act or “CARES Act last night, Senators are still negotiating a $1.6 Trillion relief package. The following is only the most recent information and may change assuming the Senate can reach a deal later today or tomorrow.
Summary of The CARES Act
Small Business Assistance
Small employers with 500 employees or fewer will be eligible to apply for the loans.
- Loans would be immediately available through existing Small Business Administration-certified lenders, including banks, credit unions, and other financial institutions, and SBA would be required to streamline the process to bring additional lenders into the program.
- The Secretary of Treasury would be authorized to expedite the addition of new lenders and make further enhancements to expedite delivery of capital to small employers.
- The size of the loans would be tied to an applicant’s average monthly payroll; mortgage, rent, and utility payments; and other debt obligations over the previous year. The maximum loan amount would be $10 million.
- Conditional upon business retaining their employees and payroll levels during the covered period (March 1, 2020, through June 30, 2020), the portion of the loan used to cover payroll and payments on pre-existing debt would be forgiven. Further, employers with tipped employees would receive forgiveness for additional wages paid to such employees during the covered time.
Loan Guaranty Program
- The bill would expand the allowable uses for the existing 7(a) Small Business Administration loan program to permit payroll support, including paid sick leave, supply chain disruptions, employee salaries, mortgage payments, and other debt obligations to provide immediate access to capital for affected small businesses.
- The maximum loan amount for SBA Express loans would be increased from $350,000 to $1 million. These loans provide borrowers with revolving lines of credit for working capital purposes.
- The cost of participation in the 7(a) program would be reduced for both borrowers and lenders by providing fee waivers, an automatic deferment of payments for one year, and no prepayment penalties.
- establishes special rules for certain tax-favored withdrawals from retirement plans;
- delays due dates for employer payroll taxes and estimated tax payments for corporations; and
- revises other provisions, including those related to losses, charitable deductions, and business interest.
- temporarily suspends payments for federal student loans; and
- otherwise revises provisions related to campus-based aid, supplemental educational-opportunity grants, federal work-study, subsidized loans, Pell grants, and foreign institutions.
We will continue to update members as we receive information.
3. State DMV Status: Latest Data
Here is a current list of DMV status by state:
Limited Locations: 28
Fully Open: 0
Click here is a current list of DMV Statuses as of Monday, March 23, 2020.