UPDATE: June 15, 2020 - FMCSA reissues the Waiver and Extends the Enforcement Policy Regarding Expiring Driver’s Licenses and Medical Examiner’s Certificates in response to COVID-19 National Emergency
On Monday, June 15, 2020, FMCSA extended until September 30, 2020 a Waiver and a Notice of Enforcement Policy, that were set to expire on June 30. This extends and FMCSA waiver and an enforcement policy providing needed relief from specified FMCSRs for CLP holders, CDL holders, and non-CDL drivers and motor carriers using those drivers. The Notice of Enforcement Policy applies to all CLP holders, CDL holders, and non-CDL drivers whose licenses were issued for less than the maximum period established by 49 CFR 383.25 and 383.73 and was valid on February 29, 2020 and expired on or after March 1, 2020. FMCSA will continue to exercise enforcement discretion to not take enforcement action for the following:
- A CLP or CDL holder operating a CMV with an expired license, but only if the CLP or CDL was valid on February 29, 2020, and expired on or after March 1, 2020;
2. A motor carrier that allows a CLP or CDL driver to operate a CMV during a period in which the driver does not have a current CLP or CDL, but only if the CLP or CDL was valid on February 29, 2020, and expired on or after March 1, 2020;
3. A CMV driver (i.e., CLP, CDL, or non-CDL license holder) or motor carrier that allows a CMV driver to operate a CMV during a period in which the driver’s operator license has expired, but only if the driver’s license was valid on February 29, 2020, and expired on or after March 1, 2020, and the driver is otherwise qualified to drive under 391.11; and
4. A CMV driver or motor carrier that allows a CMV driver to operate a CMV during a period in which the driver does not have the current medical certificate and any required medical variance as required by 49 CFR 391.45(b), but only if the driver has evidence of a medical certification and any required medical variance that was valid on February 29, 2020 and expired on or after March 1, 2020.
