FMCSA Extends Waiver For CDL And CLP Holders

Published date10 September 2021
Subject MatterTransport, Coronavirus (COVID-19), Rail, Road & Cycling, Government Measures
Law FirmFrost Brown Todd
AuthorMr Jeffrey A. Hunt, Michael J. Case, Stacey Katz and Eric A. Baker

Effective September 1, 2021, the Federal Motor Carrier Safety Administration (FMCSA) extended a waiver from some regulations that apply to interstate and intrastate drivers that operate commercial motor vehicles that expired on August 31, 2021. With the extension, this waiver is in effect until November 30, 2021, unless terminated sooner.

The extension is issued in response to COVID-19 outbreaks and pertains to holders of commercial driver's licenses (CDL) and commercial learner's permit (CLP) holders, as well as other interstate drivers operating commercial motor vehicles (CMVs). Because of the effects of COVID-19 and the impact of the delta variant on the pace of return to normal customer service levels, many States continue to have backlogs and affected operations of the Agencies that issue Driver Licenses. Additionally, many medical providers have adjusted to dedicate resources to the COVID-19 response, resulting in the cancelled scheduled appointments for physical examinations that are required for Federal Motor Carrier Safety Regulations (FMCSR) compliance. With the National Emergency declaration under 42 U.S.C. ' 5191(b), and the public need for transportation of supplies and equipment deemed essential for addressing the outbreaks, the public interest in issuing the waiver is great.

FMCSA Regulatory Provisions Waived

The waiver will enable the continued transportation of goods to address the COVID-19 situation and is in furtherance of the public interest. This waiver does the following:

  • Extends until November 30, 2021 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 the Eight (8) Year from Date of Issuance Expiration period
  • Extends until November 30, 2021 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
    • Extends the One Year Retest requirement from Date of Issuance requirement for CLP
  • 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...

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