FMCSA’s Determination and Regulatory Provisions Waived

Consistent with the statutory requirements for waivers, FMCSA has determined that it is in the public interest to grant a waiver, limited in scope and circumstances, that is likely to achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained in the absence of the waiver.

To respond to this unique event and to continue the ability of intrastate and interstate CDL and CLP holders and interstate non-CDL drivers to transport goods in response to the COVID-19 public health emergency, this waiver:

  • Extends until Dec. 31, 2020, the maximum period of CDL validity by waiving 49 CFR 383.73(b)(9) and 383.73(d)(6) for CDLs due for renewal on or after March 1, 2020.
  • Extends until Dec. 31, 2020, the maximum period of CLP validity by waiving 49 CFR 383.73(a)(2)(iii) and 383.25(c) for CLPs that are due for renewal on or after March 1, 2020, without requiring the CLP holders to retake the general and endorsement knowledge tests.
  • Waives, in accordance with the following periods of eligibility, 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 and any required medical variance (as defined in 49 CFR 390.5T such as an exemption letter or a skill performance evaluation certificate) that were issued for a period of 90 days or longer: 
    • For CDL holders, CLP holders, and non- CDL drivers whose medical certification was valid on Feb. 29, 2020 and expired on or after March 1, 2020 but before June 1, 2020, the requirement under 49 CFR 391.45 is waived until Oct. 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 Dec. 31, 2020.
  • Waives, in accordance with the following periods of eligibility, 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 SDLA with an original or copy of a subsequently issued medical examiner’s certificate and any required medical variance:
    • For CDL or CLP holders who have proof of a valid medical certification or medical variance that expired on or after March 1, 2020 but before June 1, 2020, the requirement under 49 CFR 383.71(h)(3) is waived until Oct. 31, 2020.
    • For CDL or CLP holders who have proof of a valid medical certification or medical variance that expired on or after June 1, 2020, the requirement under 49 CFR 383.71(h)(3) is waived until Dec. 31, 2020.
  • Waives, in accordance with the following periods of eligibility, the requirement under 49 CFR 383.73(o)(2) that the SDLA 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: 
    • For CDL or CLP holders who have proof of a valid medical certification or medical variance that expired on or after March 1, 2020 but before June 1, 2020, the requirement under 49 CFR 383. 73(o)(2) is waived until Oct. 31, 2020.
    • For CDL or CLP holders who have proof of a valid medical certification or medical variance that expired on or after June 1, 2020, the requirement under 49 CFR 383. 73(o)(2) is waived until Dec. 31, 2020.
  • Waives, in accordance with the following periods of eligibility, 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:
    • For CDL or CLP holders who have proof of a valid medical certification or medical variance that expired on or after March 1, 2020 but before June 1, 2020, the requirement under 49 CFR 383. 73(o)(4) is waived until Oct. 31, 2020.
    • For CDL or CLP holders who have proof of a valid medical certification or medical variance that expired on or after June 1, 2020, the requirement under 49 CFR 383. 73(o)(4) is waived until Dec. 31, 2020.