FMCSA COVID Declaration & CDL Waiver Extended
FMCSA COVID Declaration & CDL Waiver Extended
FMCSA COVID Declaration & CDL Waiver Extended
SUMMARY
FMCSA grants a three-month waiver from certain regulations applicable to commercial learner’s permit (CLP) holders operating commercial motor vehicles (CMVs), as defined in 49 CFR § 383.5, in interstate and intrastate commerce, and States administering commercial driver’s license skills tests. FMCSA has initiated this action in response to the March 13, 2020, declaration of a national emergency under 42 U.S.C. § 5191(b) related to the coronavirus disease 2019 (COVID-19) and to address continued supply chain disruptions exacerbated by COVID-19. The Agency issued waivers on March 28, 2020, June 17, 2020, September 18, 2020, December 15, 2020, February 16, 2021, May 26, 2021, August 31, 2021, November 29, 2021, February 26, 2022, and May 27, 2022 providing similar relief.
DATES
This waiver is effective September 1, 2022, and expires on November 30, 2022, or upon early termination by FMCSA, whichever is sooner.
To respond to this unique event, to continue the ability of intrastate and interstate CDL and CLP holders to transport goods and people, and to provide flexibilities to SDLAs to accelerate CDL testing, this waiver:
Waives the requirement under 49 CFR § 383.25(a)(1) that a CLP holder be accompanied by a CDL holder, with the proper CDL class and endorsements, seated in the front seat of the vehicle while the CLP holder operates a CMV on public roads or highways. Under the terms, conditions, and restrictions of this waiver, a CLP holder may operate a CMV on public roads or highways without an accompanying CDL holder present in the front seat of the vehicle, provided that the CDL holder is elsewhere in the cab. In addition, the CLP holder must be in possession of evidence from the testing jurisdiction, including an authorized third-party tester, that the CLP holder has passed the CDL driving skills test, and the CLP holder has a valid non-CDL driver’s license, CLP, and medical certificate.
Waives the restriction under 49 CFR § 383.79(a) that limits a State to administering a driving skills test, in accordance with subparts F, G, and H of 49 CFR part 383, to an out of state CDL applicant who has taken driver training in that State. Under the terms, conditions, and restrictions of this waiver, a State may elect to administer a driving skills test to any out of state CDL applicant, regardless of where the applicant received driver training.
Waives the requirement under 49 CFR § 383.25(e) that CLP holders are not eligible to take the CDL skills test in the first 14 days after initial issuance of the CLP. Under the terms, conditions, and restrictions of this waiver, States may, at their discretion, allow CLP holders to take the CDL skills test without waiting 14 days after initial issuance of the CLP, provided the CLP holder has completed applicable entry-level driver training requirements under 49 CFR Part 380, Subpart F
MORE RESOURCES
Extension of the Modified Emergency Declaration No. 2020-002 Under 49 CFR § 390.25 (August 31, 2022)
Three-Month Waiver in Response to the COVID-19 Emergency – For States and CLP Holders Operating Commercial Motor Vehicles (August 31, 2022)
All other impacted pages.
Emergency Declarations, Waivers, Exemptions and Permits
https://www.fmcsa.dot.gov/emergency-declarations
FMCSA Coronavirus (COVID-19) Information & Resources
https://www.fmcsa.dot.gov/COVID-19
Archive of Emergency Declarations 2022
https://www.fmcsa.dot.gov/emergency/archive-emergency-declarations-2022
COVID-19 Archives
https://www.fmcsa.dot.gov/emergency/covid-19-archives