2021 FMCSA’s Updated COVID-19 Waivers, NEDDs, and FAQs

Review all updated waivers, Notices of Enforcement Discretion Decision (NEDDs), and Frequently Asked Questions (FAQs), which update FMCSA’s Coronavirus Disease 2019 (COVID-19) guidance previously issued on February 17, 2021.  FMCSA will review the status of these guidance documents as of July 1, 2021, and may take action to terminate the waivers sooner, if conditions warrant.  These waivers, NEDDs, and FAQs are posted at the links below and have been updated to extend the expiration date through August 31, 2021, and include the following:

Waives through August 31, 2021, the 8-year limit to the validity period of the CDL, 1 year period of the CLP, the 14-day waiting period for a CDL test, and the requirement for a medical examination for those drivers who had a valid medical certificate that expired on or after March 1, 2021, including SDLA requirements under 49 CFR 383.73.

Extends the previous NEDD issued on this topic through August 31, 2021, and amends the Medical Examiner’s Certificate periods of validation to only those that expired on or after March 1, 2021.

Waives through August 31, 2021, the need for a CLP Holder, who has passed the CDL exam, to be accompanied by a CDL Holder seated in the front seat with documentation of a passed CDL Test.  Further, it waives 49 CFR 383.79(a) that limits a State to administering a driving skills test to an out-of-State CDL applicant who has taken driver training in that State.

Waives the requirements in 49 CFR § 384.228(b)-(c) for third party CDL test examiners who previously completed a CDL skills test examiners training course that meets the requirements of 49 CFR § 384.228(d) and have maintained a valid CDL test examiner certification. This waiver allows third party CDL skills test examiners previously authorized by the State to administer the CDL skills test to administer the CDL knowledge test as well without completing a CDL knowledge test training course.

Updates time periods to conform to the new waivers and NEDDs.

Updates the NEDD for requirements in 49 CFR 383 and 384 to the December 31, 2021 dates.  This includes the one 49 CFR 383 section on restricted CDL validity and three provisions under 383.75 related to third party testers, and those provisions in 384 related to establishing domicile, training requirements for third party testers, and requirements for inspections and monitoring of third party tester, giving States until to December 31, 2021 to accomplish monitoring that would have otherwise occurred during the time period of January 1, 2021 to August 31, 2021.  In addition, extends the validity period in 383.75(f)(3)(ii) to not exceed 360 days for each 12-month period for restricted CDLs.

Updates guidance effective June 1, 2021, that FMCSA continues to recognize the validity of commercial driver’s licenses issued by Canadian Provinces and Territories and Licencias Federales de Conductor issued by the United Mexican States, in accordance with 49 CFR part 383, when such jurisdictions issue a similar notice or declaration extending the validity date of the medical examination and certification and/or validity of the corresponding commercial driver’s license due to interruption to government service resulting from COVID-19.

These documents are also posted on FMCSA’s website at:  FMCSA Coronavirus (COVID-19) Information & Resources

 

From:  Craig Feister, Division Administrator
Virginia Division
Federal Motor Carrier Safety Administration

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