November 29, 2021
This morning, FMCSA announced several extensions of the COVID-19 Emergency Waivers and Declarations. We would like to share the following updates provided by our national partners at the American Trucking Associations
FMCSA’s Emergency Declaration that was set to expire on November 30th has been extended until February 28, 2022.
The declaration published today is limited to the transportation of:
Livestock and livestock feed;
- Medical supplies and equipment related to the testing, diagnosis, and treatment of COVID-19;
- Vaccines, constituent products, and medical supplies and equipment, including ancillary supplies/kits for the administration of vaccines, related to the prevention of COVID-19;
- Supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap, and disinfectants; and,
- Food, paper products, and other groceries for emergency restocking of distribution centers or stores;
- Gasoline, diesel, jet fuel, and ethyl alcohol; and,
- Supplies to assist individuals impacted by the consequences of the COVID-19 pandemic (e.g., building materials for individuals displaced or otherwise impacted as a result of the emergency).
This declaration applies only to 395.3 “Maximum Driving Time for Property-Carrying Vehicles”. This declaration becomes effective at 12:00 a.m. December 1, 2021 and expires February 28, 2022 unless modified or terminated sooner. Reporting requirements previously established remain in effect. To be eligible, the transportation must be both (1) of qualifying commodities and (2) incident to the immediate restoration of those essential supplies. We strongly encourage everyone to review the applicability, restrictions, and limitations listed within the waiver.
CDL/CLP/MEDICAL EXAMINATION EXTENSIONS
FMCSA has extended the CDL and CLP waivers under certain circumstances. Details on the applicability can be found here. Please note, this waiver permits, but does not require, States to extend the validity of commercial driver’s licenses (CDLs) and commercial learner’s permits (CLP) for those issued on or after March 1, 2020, until February 28, 2022. Carriers and drivers should check with their state agencies to ensure compliance, as not all states may extend the validity period.
For medical examinations, this waiver waives, until February 28, 2022, the requirement that drivers have a medical examination and certification, provided they have proof of a valid medical certification and any required medical variance issued for a period of 90 days or longer and expired on or after September 1, 2021. Additional terms, conditions, and restrictions are outlined in the waiver.
THIRD-PARTY CDL TESTING AND CLP HOLDERS
Additionally, FMCSA has extended waivers related to third-party CDL skills test examiners, and CLP holders operating a CMV.
Additional resources, including frequently asked questions can be found here. FMCSA has indicated they intend to review the status of certain waivers as of January 3, 2022 and may take action to terminate the waivers sooner if conditions warrant.
As always, carriers and drivers should review the details of these waivers to ensure applicability and compliance. If you have any questions, reach out to us.
LMTA Executive Director