Regulations during Covid-19

Doug Marcello

In response to the Covid-19 outbreak, federal and state governments in the U.S. have temporarily modified regulations to help the trucking industry meet the challenge.

Here is a list of some of the key provisions:

FMCSA statement on shelter-in-place

The Federal Motor Carrier Safety Administration (FMCSA) has issued a statement with regard to the state and local shelter-in-place orders for consideration of these government entities in issuing such orders.  These include Homeland Securities identification of essential workers and CDC guidance for drivers.

The FMCSA guidance can be accessed here.

TSA temporary hazmat exemption

The Transportation Security Administration (TSA) has granted a temporary exemption from the renewal of hazardous material endorsements.

Click here for details.

Commercial learners permit waiver

The FMCSA has issued a three-month waiver for Commercial Learners Permit (CLP) holders operating commercial motor vehicles.

Federal and state emergency declarations

The latest information on emergency declarations, waivers, exemptions and permits can be found at this dedicated site.

State-by-state temporary changes

The American Association of Motor Vehicle Administrators has compiled a state-by-state list of the temporary changes.  You can access this document here.

Drug and alcohol testing

The FMCSA has issued guidance on drug and alcohol testing.

FMCSA — Enforcement of expiring CDLs

 The FMCSA has announced that it will exercise its enforcement discretion to not take action for the following:

  1. 49 CFR 383.23(a)(2) – a CLP or CDL holder operating a CMV with an expired license, but only if the CLP or CDL was valid on February 29, 2020, and expired on or after March 1, 2020.
  2. 49 CFR 383.37(a) – a motor carrier that allows a CLP or CDL driver to operate a CMV during a period in which the driver does not have a current CLP or CDL, but only if the CLP or CDL was valid on February 29, 2020, and expired on or after March 1, 2020.
  3. 49 CFR 391.11(b)(5) – a CMV driver (i.e., CLP, CDL, or non-CDL license holder) or motor carrier that allows a CMV driver to operate a CMV during a period in which the driver’s operator license has expired, but only if the driver’s license was valid on February 29, 2020, and expired on or after March 1, 2020, and the driver is otherwise qualified to drive under 391.11.
  4. 49 CFR 391.45(b) – a CMV driver or motor carrier that allows a CMV driver to operate a CMV during a period in which the driver does not have the current medical certificate as required by 49 CFR 391.45(b), but only if the driver has evidence of a medical certification that was valid on February 29, 2020 and expired on or after March 1, 2020.

All CLP and CDL drivers are required to comply with all other applicable obligations under the FMCSRs and other applicable laws.

For the full text, click here.

Thank you, truckers

Finally, thank you to everyone in the trucking industry, from drivers to operations staff and safety specialists to the management, who keep delivering the food and medicine needed in this time of crisis.

While others avoid human contact, they drive toward it.

Along with our healthcare providers and public safety personnel, truckers are providing what we need.

From our firm, our families, and the public, thank you!

 

Doug Marcello

Doug Marcello is a transportation attorney who has earned his CDL. His law practices focuses upon serving the trucking industry. Based in Central Pennsylvania, he has represented trucking companies in cases throughout the US, having been specially admitted in 35 states. He is a frequent speaker at industry events and driver safety meetings. He has also written numerous articles concerning issues confronting the industry and has produced several DVDs relating to accident response and aggressive defense of claims.

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