Safety Alert
(21 December 2020)
(Click here to download a copy of the Safety Alert.)
The Federal Motor Carrier Safety Administration has extended its waiver on the validity of expired CDLs and Commercial Learner’s Permits through February 28, 2021. The waiver applies to holders of CDLs and CLPs that are due for renewal on or after March 1, 2020; these documents are now valid through February 28 without any action needed by the driver or motor carrier.
In addition, the FMCSA waived until February 28, 2021, the requirement for a medical certificate provided the driver has proof of a valid medical certification or medical variance that expired on or after September 1, 2020.
These exemptions are in response to the COVID-19 public health emergency, which has led to widespread closures of State and Federal government offices, reduction of government and medical services, and disruption of transportation systems, including driver shortages and related interruption of supply chains.
Drivers are advised to carry copies of their expired CDL, CLP and/or Medical Certificates in the commercial motor vehicle with them while operating.
In addition, the following conditions apply to the waiver:
(1) This waiver does not apply to a CDL or CLP holder if the driver’s license or permit expired before March 1, 2020.
(2) This waiver does not apply to a non-domiciled CLP or CDL holder if the non-domiciled driver’s legal presence is not valid.
(3) This waiver does not apply to a CDL or CLP holder if the driver’s privileges have been suspended or withdrawn for traffic offenses or if the driver is otherwise disqualified to operate a CMV.
(4) Drivers claiming relief under this waiver from the requirement for a valid medical certificate must have proof of a valid medical certificate and any required medical variance in accordance with the periods of eligibility set forth above, and carry a paper copy of their expired medical certificates.
(5) Drivers who cannot produce evidence of a prior medical certification and any required medical variance in accordance with the periods of eligibility set forth above, are not covered under this waiver, including new drivers who have never obtained a medical certification.
(6) Drivers who, since their last medical certificate was issued, have been diagnosed with a medical condition that would disqualify the driver from operating in interstate commerce, or who, since their last medical certificate was issued, have developed a condition that requires an exemption or Skill Performance Evaluation from FMCSA are not covered under this waiver.
(7) This waiver does not apply to medical examiner’s certificates originally issued for less than 90 days.
(8) Notification to FMCSA of Accidents. Each motor carrier must notify FMCSA within 5 business days of an accident (as defined in 49 CFR 390.5), involving any CDL holder, CLP holder, or non-CDL driver operating under the terms of this waiver. See 49 CFR 390.15(b) (requiring maintenance of accident registry.)
If you have any questions please contact Rick Schweitzer at (703) 946-2548 or rpschweitzer@rpslegal.com