COVID-19 FMCSA Updates

This page was created to update our clients on the most important DOT news related to the COVID-19 Health Emergency. 

FMCSA has issued the following guidance for expiring Medicals and CDL licenses. 

 

1. Extends until June 30, 2020 the maximum period of CDL validity for CDLs due for renewal on or after March 1, 2020.

 

2. 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 March 1, 2020.

 

3. Waives the requirement under 49 CFR 383.71(h)(3) that, in order to maintain the medical certification status of “certified,” CDL or CLP holders provide the State Driver Licensing Agency with an original or copy of a subsequently issued medical examiner’s certificate,
provided that they have proof of a valid medical certification that expired on or after March 1, 2020.

 

4. Waives the requirement under 49 CFR 383.73(o)(2) that the State Driver Licensing Agency change the CDL or CLP holder’s medical certification status to “not certified” upon the expiration of the medical examiner’s certificate or medical variance, provided
that the CDL or CLP holders have proof of a valid medical certification that expired on or after March 1, 2020.

 

5. Waives the requirements under 49 CFR 383.73(o)(4) that the State Driver Licensing Agency initiate a CDL or CLP downgrade upon the expiration of the medical examiner’s certificate or medical variance, provided that the CDL or CLP holders have proof of a
valid medical certification or medical variance that expired on or after March 1, 2020.

 

FMCSA has also issued the following Terms, Conditions, and Restrictions of the Waiver. This waiver covers States, CDL holders, CLP holders and interstate non-CDL CMV drivers for the period beginning at 12:01 a.m. (ET) on March 20, 2020, continuing through 11:59 p.m. on June 30, 2020.

 

1. This waiver does not apply to a CDL or CLP holder if the driver’s license expired before March 1, 2020.

 

2. This waiver does not apply to a CDL or CLP holder if the driver’s privileges have been suspended or withdrawn for traffic offenses.

 

3. Drivers claiming relief under this waiver from the requirement for a valid medical certificate must have proof of a valid medical certificate that expired on or after March 1, 2020, and carry a paper copy of their expired medical certificates.

 

4. Drivers who cannot produce evidence of a prior medical certification that expired on or after March 1, 2020, are not covered under this waiver, including new drivers who have never obtained a medical certification.

 

5. 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.

 

6. This waiver does not apply to medical examiner’s certificates originally issued for less than 90 days.

 

7. 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.) Notification shall be by email to MCPSD@DOT.GOV.

 

8. FMCSA reserves the right to revoke this waiver for drivers’ involvement in accidents, motor carriers’ failure to report accidents, and drivers’ failure to comply with the restrictions of this waiver.

Drug Testing

FMCSA has issued the following guidance on disruptions to Drug & Alcohol Testing. 

 

1. Random Testing - If, due to disruptions caused by the COVID-19 national emergency, you are unable to perform random selections and tests sufficient to meet the random testing rate for a given testing period in order to achieve the required 50% rate for drug testing, and 10% for alcohol testing, you should make up the tests by the end of the year.  You should document in writing the specific reasons why you were unable to conduct tests on drivers randomly selected, and any actions taken to locate an alternative collection site or other testing resources.

 

2. Pre-Employment Testing - If you are unable to conduct a pre-employment controlled substances test, in accordance with 49 CFR 382.301(a), you cannot allow a prospective employee to perform DOT safety sensitive functions until you receive a negative pre-employment test result, unless the exception in 49 CFR 382.301(b) applies.

 

3. Post-Accident Testing - You are required to test each driver for alcohol and controlled substances as soon as practicable following an accident as required by 49 CFR 382.303. However, if you are unable to administer an alcohol test within 8 hours following the accident, or a controlled substance test within 32 hours following the accident, due to disruptions caused by the COVID-19 national emergency, you must document in writing the specific reasons why the test could not be conducted, as currently required.

 

4. Reasonable Suspicion Testing - You should document in writing the specific reasons why the test could not be conducted as required; include any efforts you made to mitigate the effect of the disruption, such as trying to locate an alternative collection site. This documentation should be provided in addition to the documentation of the observations leading to a test, as required by 49 CFR 382.307(f)

 

5. Return-to-duty Testing - In accordance with 49 CFR 40.305(a), you must not allow the driver to perform any safety-sensitive functions, as defined in 49 CFR 382.107, until the RTD test is conducted and there is a negative result.

 

6. Follow-up Testing - If testing cannot be completed, you should document in writing the specific reasons why the testing could not be conducted as in accordance with the follow-up testing plan; you should include any efforts you made to mitigate the effect of the disruption, such as trying to locate an alternative collection site. You should conduct the test as soon as practicable.

LogIn

National Terrorism Advisory System (NTAS) check current status

Where to Find Us:

Transportation Network Training, Inc.
41 Gauthier Dr
Suite 3
Essex Junction, VT 05452


Phone: (802) 879-9985

Fax: (802) 879-7740

 

Business Hours:

BY APPOINTMENT ONLY!

Print Print | Sitemap
© Transportation Network Training, Inc.