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FMCSA has issued a waiver from certain regulations pertaining to commercial driver’s license and commercial learner’s permit holders. This waiver continues to address some of the challenges the industry is experiencing during the national emergency we are facing. The waiver can be found here: https://www.fmcsa.dot.gov/emergency/waiver-response-covid-19-national-emergency-states-cdl-holders-clp-holders-and-0
As it pertains to physicals, the waiver allows drivers to operate past their medical certification expiration date as long as they meet the terms and conditions of the waiver.
    • For CDL holders, CLP holders, and non- CDL drivers whose medical certification was valid on February 29, 2020, and expired on or after March 1, 2020, before June 1, 2020, the requirement under 49 CFR 391.45 is waived until October 31, 2020.
    • For CDL holders, CLP holders, and non-CDL drivers whose medical certification expired on or after June 1, 2020, the requirement under 49 CFR 391.45 is waived until December 31, 2020.
This waiver covers States, CDL holders, CLP holders, and interstate non-CDL CMV drivers for the period beginning at 12:00 a.m. on October 1, 2020, through 11:59 p.m. on December 31, 2020, and contains the following terms and conditions:
    • This waiver does not apply to a CDL or CLP holder if the driver’s license or permit expired before March 1, 2020.
    • This waiver does not apply to a non-domiciled CLP or CDL holder if the non-domiciled driver’s legal presence is not valid.
    • This waiver does not apply to a CDL or CLP holder if the driver’s privileges have been suspended or withdrawn for traffic offenses.
    •  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.
    • 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.
    •  Drivers who 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.
    • This waiver does not apply to medical examiner’s certificates originally issued for less than 90 days.
    • Notification to FMCSA of Accidents. Each motor carrier must notify FMCSA within five 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.) The notification shall be by email to MCPSD@DOT.GOV. The notification must include the following information:
        1. Date of the accident;
        2. City or town, and State in which the accident occurred, or closest to the accident scene;
        3. Driver’s name and license number;
        4. Vehicle number and State license number;
        5. Number of individuals suffering physical injury;
        6. Number of fatalities;
        7. The police-reported cause of the accident (if available at time of the report); and
        8. Whether the driver was cited for violation of any traffic laws or motor carrier safety regulations.
    • 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.
FSSolutions continues to monitor clinic and collection site partner operations and can provide updates to our clients as needed. We recommend contacting a clinic directly to make an appointment for your applicant/employee and to confirm hours of operation. Carriers who choose to allow their drivers to utilize this waiver should proactively create a plan before the waiver’s expiration date to prevent your driver from missing their extended recertification date.
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