Safety Corner

Ask our ELD expert, Marc Moncion, any questions you may have around fleet safety, compliance, DOT audits, roadside inspections, CSA scores, or best practices.
 

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It has come to my attention that many truckers are becoming increasingly anxious that they may be subject to unwanted enforcement attention due to their CLDs expiring soon, and that they are unable to renew due to action out of their control. 

I wanted to ease your concerns by sharing a Federal Motor Carrier Safety Administration (FMCSA) Enforcement Notice on Expiring Commercial Driver’s Licenses (CDLs), Commercial Learner’s permits (CPLs) and Non-CDL Drivers (NCDLs). 

Specifically, FMCSA has granted a waiver for drivers of commercial motor vehicles that currently have a valid CDL or CPL that may be expiring to continue to be valid until June 30, 2020.

These measures have been adopted in response to many U.S. States experiencing greater than normal employee absences, or having to close their State Driver Licensing Agencies. 

This follows guidance FMCSA received from the U.S. Center for Disease Control to use social distancing to reduce the spread of COVID-19. 

The following FMCSA Enforcement Notice on Expiring Commercial Driver’s Licenses (CDLs), Commercial Learner’s permits (CPLs) and Non-CDL Drivers (NCDLs) was subsequently adopted, because many commercial motor vehicle (CMV) drivers are unable to renew their driver’s license and are unable to provide medical certificates to their State Driver Licensing Agencies.

Truck driver looking at a mobile device inside truck cabin.

The Federal Motor Carrier Safety Administration (FMCSA) has granted a waiver for drivers of commercial motor vehicles that currently have a valid CDL or CPL, that may be expiring, to continue to be valid until June 30, 2020.

FMCSA granted the waiver because many commercial drivers have been not been able to renew their CDLs or CPL because many U.S. States have closed their driver licensing offices to enforce the social distancing protocols to prevent the spread of COVID-19.

Several Medical Providers across the U.S. have also canceled regularly scheduled appointments for the same reason.  

Therefore, several commercial drivers have been unable to get appointments to complete their physical examinations with Medical Examiners to comply with Part 391 of the Federal Motor Carrier Safety Regulations (FMCSRs).

The CDL/CPL waiver also allows FMCSA to exercise enforcement discretion in the following circumstances:

  • Extend, the validity of a CDL and CLP for licenses and permits due for renewal on or after March 1, 2020 until June 30, 2020.
  • Waive the requirement that CLP holders to wait the required 14 days to take the CDL skills test.
  • Waive the requirement that CDL holders, CLP holders and non-CDL drivers have a medical examination and certification.

The CDL, CLP and NCDL drivers must 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.

  • Waive the requirement to maintain a medical certification status of ‘certified’.

CDL/CLP holders provide the State Driver License Agency with an original, or a copy of a subsequently issued Medical Examiner’s Certificate. 

The CDL, CLP holders must have proof of a valid Medical Examiner’s Certificate that expired on or after March 1, 2020.

  • Waive the requirement that a State Driver License Agency change the CDL, CPL holder’s medical certification status to “not certified” upon the expiration of the Medical Examiner’s Certificate or Medical Variance.

The CDL, CLP holders must have proof of a valid Medical Examiner’s Certificate that expired on or after March 1, 2020.

  • Waive the requirement that a State Driver License Agency initiate a CDL, CLP license downgrade upon the expiration of the Medical Examiner’s Certificate or Medical Variance.


The CDL, CLP holders must have proof of a valid Medical Examiner’s Certificate or Medical Variance that expired on or after March 1, 2020.

  • Request that Canadian provinces and territories as well as Mexico to continue to recognize the validity of CDLs issued by U.S. States.

This will take place when these Canadian provinces and territories as well as Mexico issue a similar notice or declaration extending the validity date of the medical examination and certification and/or validity of the corresponding CDL.

FMCSA has also issued an Enforcement Notice on expiring CDLs that went into effect from March 24, 2020 to June 30, 2020. 

This FMCSA Enforcement Notice provides immediate relief from specified FMCSRs for CDL, CLP, holders, and NCDL holders, as well as motor carriers using those drivers.  

All CLP, CDL drivers must still comply with all other applicable obligations under the FMCSRs, and other applicable laws.

Finally, this FMCSA Enforcement Notice is effective from March 24, 2020, through June 30, 2020.

Link for specific details: https://bit.ly/2wpVeX2

 

The above information is for informational purposes only, and should in no way be relied upon as legal advice.

  Mar 26, 2020     Marc Moncion

Ask the expert - Marc Moncion (Safety, compliance and regulatory affairs expert)

 

Marc Moncion https://www.linkedin.com/in/marc-m-416a989/

Lead Expert at Fleet Complete

Marc is the Vice President of Safety, Compliance & Regulatory Affairs at Fleet Complete. He is an author and industry subject matter expert who has worked in numerous senior transportation management roles for over 25 years, including being an Inspector for the MTO. Marc sits on several Federal/State/Provincial regulatory bodies and frequently provides commentary on emerging technology, best practices, and regulatory affairs. In addition, Marc is a Commercial Driver's Licence (CDL) holder and can drive all types of commercial vehicles in North America.

Get to know Marc here!