March 23rd CVTA COVID-19 Update

Mar 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 Andrew.Poliakoff@cvta.org.

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

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.

TAXES

  • 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.

EDUCATION

  • 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:
Closed: 21
Limited Locations: 28
Fully Open: 0

Click here is a current list of DMV Statuses as of Monday, March 23, 2020.

Kyle Hayes

Kyle Hayes is the Director of Government Relations at CVTA. In this role, he leads the implementation of the Association’s legislative and regulatory strategy. He is also the primary point of contact between CVTA Members and federal agencies, Congress, and state governments.

Hayes most recently led research projects that supported federal and state advocacy on healthcare and economic issues at the Center on Budget and Policy Priorities, a nationally recognized research and policy institute based in Washington D.C. He received a master’s degree in public policy from American University in 2015 and graduated from the University of Georgia in 2012.

Andrew Poliakoff

Andy Poliakoff is the Executive Director for CVTA. In this role, he promotes the mission of the membership organization and implements goals set by the Board of Directors. This includes forming partnerships with external stakeholders, providing guidance and direction to the CVTA staff team, and engaging with state and federal government agencies to advance CVTA’s mission of safety and career opportunities in the truck driver training industry.

In 2021 and 2022, Andy acted as federal affairs lead for Electrify America, interacting at high levels within Congress, the U.S. Department of Transportation, the Department of Energy, and the White House. In that capacity, he played a pivotal role in the optimization of large-scale infrastructure funding at the Federal Highway Administration as part of the Bipartisan Infrastructure Law

From 2019 to 2021 Andy served as Director of Gov't Affairs for CVTA and formed a strong bond with members, engaging on advocacy related to Entry-Level Driver Training, Skills Testing Delays, and Workforce funding. During the pandemic, Andy fought at the state and federal level to treat CDL training and testing as the essential services they are. He is personally invested in the important mission of CVTA's members to deliver safe training and to transform people's lives through truck driving careers.

Andy holds a bachelor's degree from Georgetown University and a law degree from the Columbus School of Law at Catholic University.

Cindy Atwood

Cindy Atwood is the Vice President at CVTA. An experienced association professional, Cindy handles all activities related to membership retention, financial accounting and committee engagement. Cindy artfully produces CVTA’s off-site biannual conferences, Hill Day operations and Board meetings, ensuring that the general membership and leadership’s necessities and wishes are met with the highest response.

An essential fixture in the truck driver training association space, Cindy manages CVTA’s Instructor Certification Program and provides critical counsel to new entrants into the truck driver training industry.

Kyle Hayes

Kyle Hayes is the Director of Government Relations at CVTA. In this role, he leads the implementation of the Association’s legislative and regulatory strategy. He is also the primary point of contact between CVTA Members and federal agencies, Congress, and state governments.

Hayes most recently led research projects that supported federal and state advocacy on healthcare and economic issues at the Center on Budget and Policy Priorities, a nationally recognized research and policy institute based in Washington D.C. He received a master’s degree in public policy from American University in 2015 and graduated from the University of Georgia in 2012.