FMCSA's Extension to the Emergency Declaration

By: Daren Hansen

Publication: Transportation Regulatory Alert

Date Posted: 07/15/2020

July 13 update: This article has been updated to include an extension to the Emergency Declaration.

Federal, state, and local government agencies across the nation have issued an array of temporary waivers and restrictions in response to the coronavirus (COVID-19) outbreak. Given the critical role that transportation can play during a pandemic, many of these waivers are meant to ease regulations on truck and bus companies.

Keeping track of all the waivers, exemptions, and restrictions can be a chore. Here’s a rundown of the key declarations that you should be aware of.

Note that emergency waivers often come with restrictions and conditions that must be followed. Use the links below to access full details. Carriers are advised to keep good records showing when and why any waivers were used.

“Stay at home” orders related to transportation

Most states and cities have some type of “safer at home” or “stay at home” order in place. These orders generally include a list of transportation jobs that are considered “essential” during the pandemic, meaning they can continue to be performed. These orders generally do not exempt employees from safety regulations, however.

These local stay at home orders for transportation are often based on a list of essential workers developed by the Dept. of Homeland Security.

The FMCSA has issued its own guidance for local governments to follow when issuing quarantine orders for drivers and other employees.

A list of stay-at-home orders, updated daily, is available at: www.jjkeller.com/learn/pandemic-response

Safety regulation exemption (including hours of service)

The FMCSA is exempting certain drivers from most of the Federal Motor Carrier Safety Regulations (FMCSRs) — including hours of service — when providing direct assistance to emergency relief efforts. This includes transportation of livestock and livestock feed, medical supplies, and disinfectants. Drivers still may not operate while ill or fatigued and must follow certain other rules.

The FMCSA’s latest emergency declaration, issued July 13.

The latest exemption is due to expire on August 14 or when the national emergency is terminated.

Safety Exemptoins FAQs: and Additional FAQs on Safety Exemptions 

Related articles: 4 weeks added to COVID-19 exemption, though fewer are eligible and DOT suspends safety rules for COVID-19 relief efforts and FMCSA extends exemption for COVID-19 relief efforts

Drug & alcohol testing during pandemic

Both the DOT and FMCSA have issued guidance on how to conduct drug and alcohol testing during the pandemic, when clinics may be closed and drivers may be unwilling to report for testing.

DOT guidance

CSA guidance

Related article: Drug and alcohol testing during a pandemic: New DOT guidance

On July 6 the FMCSA issued a notice allowing some enforcement discretion when it comes to enforcing random testing requirements.

See also: FMCSA adds flexibility to 2020 random testing

On June 5th the FMCSA issued a separate waiver specific to pre-employment drug testing, to allow motor carriers to bring drivers back from a furlough of up to 90 days without the need for a pre-employment test.

Related article: FMCSA issues new waiver for pre-employment drug testing

Finally, the DOT has also waived the requirement that substance abuse professionals (SAPs) conduct face-to-face evaluations of drivers, with certain restrictions, and has waived certain re-training requirements for SAPs, medical review officers, and test technicians.

Expiring CDLs, CLPs, and medical cards

Drivers who were unable to renew their drivers’ licenses or medical cards after March 1 have until September 30 to do so. Certain restrictions apply. CDLs, CLPS and Medical Cards original waiver

Expiring CDLs, CLPs and medical cards extension

FMCSA enforcement policy

Related article: Waivers granted for expired CDLs, CLPs, and medical cards

Commercial learner’s permit (CLP) waiver

The FMCSA has issued a temporary waiver from certain CLP restrictions until June 30. On June 16, the waiver was extended to Sept. 30, 2020. In part, the waiver allows the person accompanying the CLP holder to ride somewhere other than the front seat, as long as the CLP holder has passed the CDL skills test. It also allows states to perform skills tests on out-of-state CDL applicants. Original CPL waiver.

Extension on CLP waiver to Sept. 30.

The FMCSA has also waived the requirements in 384.228(b)-(c), allowing third-party CDL test examiners previously authorized by the State to administer the CDL skills test to also administer the CDL knowledge test without completing a CDL knowledge test training course.

Annual inspections for intermodal equipment

A waiver issued on June 1, 2020, allows intermodal equipment providers and motor carriers to operate intermodal chassis with expired annual inspection decals, as long as the decal expired on or after March 31, 2020. The waiver does not allow unsafe chassis operations, and defects must still be reported to the equipment provider. The waiver expires on September 1, 2020.

Refer to the FMCSA waiver.

Temporary operating authority

The FMCSA has waived application fees for Temporary Operating Authority during the emergency. Temporary authority is issued to help carriers seeking to provide direct assistance during an emergency, but that do not have the proper for-hire authority to do so.

Related article: FMCSA grants temporary authority for carriers helping during pandemic

Hand sanitizer transportation

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has provided temporary relief from certain Hazardous Materials Regulations for transporters of hand sanitizers and other alcohol-based products needed for the health emergency. See Temporary Policy for the Transportation of Alcohol-Based Hand Sanitizer Products.

On a humorous note, the enforcement community has decided that hand sanitizer is not an alcoholic beverage for purposes of the prohibition on the possession of alcohol in a commercial vehicle.

Related article: PHMSA temporarily eases hazmat restrictions for hand sanitizers

Hazmat endorsement and TWIC renewals

The Transportation Security Administration (TSA) is allowing states to extend hazardous material endorsements for up to 180 days if they were due to expire between March 1 and July 31.

Similarly, the TSA is extending the expiration of TWIC cards for up to 180 days.

See also these TSA FAQs.

Hazmat re-training

PHMSA will not take enforcement action against any hazmat employer who is unable to provide recurrent training as required in the Hazardous Materials Regulations. See Hazmat re-training.

Size & weight limits

Some states have relaxed weight limits or waived overweight permit fees. Check with the state for details.

IFTA/IRP extensions

Information about waivers and extensions for the International Fuel Tax Agreement (IFTA) and International Registration Plan (IRP) are available at www.irponline.org and www.iftach.org.

UCR filing deadline

Enforcement of the 2020 Unified Carrier Registration requirement was pushed back to July 1, 2020.

About the author
Daren Hansen - Transportation Safety Editor

Based on his expertise in the Federal Motor Carrier Safety Regulations, Daren is responsible for writing and editing content for safety-related products, publications, and services for the trucking industry,

Expert Help Icon

Have a compliance question for Daren? The J. J. Keller Expert Help tool provides you direct access to Daren and other trusted experts to help answer your toughest compliance questions.



You may also enjoy the following articles:

5 questions to see if you’re a HOS pro

Keep your drivers safe during times of protest

PHMSA issues HM-215O final rule

View all transportation-related articles...