March 24th CVTA COVID-19 Update

March 24, 2020

Below you will find updates that have occurred since our last CVTA update. Please reach out to us at CVTA with any updates you would like to share regarding your schooling or training.

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

Today, the FMCSA issued a waiver in response to the COVID-19 Emergency for states, CDL holders, CLP Holders, and interstate drivers operating CMVs. Most important to CVTA members, the FMCSA waived the “14-day rule” which requires an individual to hold a CLP for 14 days prior to sitting for a CDL skills exam, which CVTA had recommended to Acting Administrator Mullen in our letter last week. On behalf of all of our members, CVTA wants to thank the Acting Administrator Mullen and all the FMCSA personnel for listening and working hard to respond to this crisis.

  • The waiver covers a broad number of provisions (listed below) and extends through June 30, 2020. To respond to this unique event and to continue the ability of intrastate and interstate CDL and CLP holders and interstate non-CDL drivers to transport goods in response to the COVID-19 emergency, this waiver:
  • 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 certificate 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 certificate 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.

States, CDL holders, CLP holders, and interstate non-CDL CMV drivers are covered under this waiver without further action.

FMCSA will not issue a finding of noncompliance under 49 CFR part 384 against States for action or inaction consistent with this waiver.

FMCSA’s legal authorities extend to waiver of the maximum period under the FMCSRs for State issuance of CDLs (8-years). While many states have adopted the maximum 8-year renewal period, other States have adopted shorter periods, and waiving the 8-year limit would provide no relief to drivers with CDLs issued by those States. In the interest of effectively providing automatic CDL renewal relief for as many drivers with recently expired CDLs as possible, FMCSA is, therefore, issuing a separate Notice of Enforcement Policy stating that, through June 30, 2020, the Agency will not take enforcement against drivers for operation of a CMV if the driver held a valid CDL on February 29, 2020, or against motor carriers for use of such a driver. Most states have adopted the full 1-year maximum period of CLP validity, but FMCSA is similarly including its Enforcement Policy a comparable provision on non-enforcement of recently expired CLPs. To view the full waiver, please click here.

2. Congress on verge of securing COVID-19 Deal

Congress is reportedly on the verge of securing a $2 Trillion Stimulus package that could be finalized as and passed early as tonight, but more likely by tomorrow. Despite setbacks yesterday, both Republicans and Democrats believe they are on the “2-yard line” as characterized by Senate Minority Leader Chuck Schumer. Once details emerge, CVTA will ensure that members are notified.

3. State Driver’s License Agencies Daily Update

DMVs Closed: 22
DMV Limited Operations: 28
DMV Fully Open: 0

Click here is a current list of DMV Statuses as of Tuesday, March 24, 2020.