21 Apr FMCSA Releases Guidelines on CDL Renewals and Seasonal Drivers
Last week, the Federal Motor Carriers Safety Administration (FMCSA) published a set of answers to frequently asked questions regarding State Driver Licensing Agencies and commercial driver’s license holders during the COVID-19 pandemic. This information may be helpful to members as it relates to retention of current drivers and the licensing of new seasonal drivers. The FAQ’s specifically address HAZMAT endorsements and skills tests for new drivers.
This guidance document does not have the force and effect of law and is not meant to bind the public in anyway. This guidance is intended only to provide clarity regarding existing requirements under the law. State Issuance of Commercial Learner’s Permits (CLPs) and Commercial Driver’s Licenses (CDLs)
— Question 1:
Does FMCSA’s Emergency Declaration exempt States from the regulatory requirements in 49 CFR parts 383 and 384?
— Answer 1:
No. Emergency declarations issued by the FMCSA pursuant to 49 CFR §390.23(a), providing relief from certain regulatory requirements during an emergency, are only applicable to 49 CFR parts 390 through 399.
— Question 2:
May an SDLA use a contractor to issue or renew CLP credentials?
— Answer 2:
Yes. The FMCSRs do not prohibit an SDLA from using a contractor to issue or renew CLP credentials. The SDLA must ensure that the requirements relating to the issuance and renewal of the CLP, as set forth in 49 CFR parts 383 and 384,are met, including checking the Commercial Driver’s License Information System(CDLIS) and adding pointers to CDLIS.
— Question 3:
FMCSA’s Notice to SDLAs, issued on March 20, 2020, stated that the Agency would not issue a finding or substantial non-compliance determination if a State extends the expiration dates for CDLs or CLPs or if the State decides not to change the medical certification status to “not certified” or downgrade a CDL or CLP driver whose Medical Examiner’s Certificate has expired,provided the State “promptly” brings the practices back into conformance with the requirements of 49 CFR parts 383 and 384. Will there be a grace period for States to come back into compliance?
— Answer 3:
States should make returning to compliance a priority. FMCSA expects SDLAs to bring their CDL and CLP issuance and medical certification practices back into conformance with the requirements of parts 383 and 384 within 90 days after the end of the Presidentially declared COVID-19 national emergency or within 90 days of the SDLA resuming normal operations, whichever is sooner.
— Question 4:
If a State issues restricted or temporary CDLs for drivers in farm related service industries,in accordance with 49 CFR 383.3(f), during the harvesting season and the State is unable to issue plastic CDL credentials due to SDLA office closures, may the State issue paper credentials?
— Answer 4:
Yes. The FMCSRs do not require SDLAs to issue plastic licensing credentials. However, SDLAs must issue licensing credentials in accordance with the requirements of 49 CFR part 383, subpart J.
— Question 5:
If an SDLA renews a CLP or CDL online, may the SDLA keep the same photograph for an additional renewal cycle?
— Answer 5:
Yes. The FMCSRs do not prohibit SDLAs from reusing the driver’s photo from the previous CLP/CDL. Endorsements
— Question 6:
If an SDLA renews a CDL online during the COVID-19 public health emergency and the driver holds a Hazardous Materials (HM) endorsement, may the SDLA also renew the HM endorsement without requiring the driver to retake the HM knowledge test as required under 383.71(d)(3)?
— Answer 6:
No. Commercial drivers who wish to retain an HM endorsement during CDL renewal are required to retake the HM knowledge test in accordance with 49 CFR 383.71(d)(3) and 383.73(d)(4). FMCSA has not issued a waiver or an exemption from this requirement.
— Question 7:
During the COVID-19 public health emergency, may an SDLA issue a double/triple trailer endorsement without requiring a driver to pass the knowledge test required by 49 CFR 383.93?
— Answer 7:
No. In accordance with 49 CFR 383.93, the State shall only issue a double/triple trailer endorsement to a driver who successfully completes the knowledge test. FMCSA has not issued a waiver or exemption from this requirement. Medical Examiner’s Certificates (MEC).
— Question 8:
During the COVID-19 public health emergency, may an SDLA issue a CLP or CDL to a new driver applicant who does not have, and has never held,a Medical Examiner’s Certificate?
— Answer 8:
No. Driver applicants who have never held a CLP or CDL must meet all the qualification requirements of 49 CFR part 383 in order to be issued a CLP or CDL. FMCSA’s Waiver, issued on March 24, 2020, applies to drivers with an expired medical certificate if the driver had a medical certificate issued for a period of 90 days or longer, that was valid on February 29, 2020,and expired on or after March 1, 2020. A driver applicant who has never held a medical certificate is not covered by the waiver.
— Question 9:
If an SDLA’s computer system automatically changes a driver’s medical certification status from “certified” to “not certified” or automatically downgrades a driver’s CDL or CLP when the driver’s Medical Examiner’s Certificate expires, may the driver continue operating a CMV in commerce during the COVID-19 public health emergency?
— Answer 9:
Yes, if FMCSA’s Waiver or Notice of Enforcement Policy, issued on March 24, 2020, applies. As explained therein, FMCSA will not take enforcement action against a driver with an expired medical certificate if the driver had a medical certificate issued for a period of 90 days or longer, that was valid on February 29, 2020,and expired on or after March 1, 2020.
— Question 10:
Under FMCSA’s Emergency Declaration, may an SDLA issue a CLP or CDL to a driver without requiring the driver to take a skills test?
— Answer 10:
No. The Emergency Declaration issued by the FMCSA pursuant to 49 CFR § 390.23(a)(1)(i) is only applicable to 49 CFR parts 390 through 399. In accordance with 49 CFR 384.202, the State shall only issue a CLP or CDL to a driver who has passed the knowledge and skills tests required by part 383, unless an exception applies.
— Question 11:
In light of the current COVID-19 public health emergency and the need to comply with social distancing guidelines, may States leverage technology (e.g., Bluetooth, in-cab cameras, cell phones) to administer the CDL skills test in a way that allows the examiners to not be physically present in the cab of the vehicle with the driver applicant while conducting the on-road test segment?
— Answer 11:
In accordance with 49 CFR 383.131(b), SDLAs must administer tests using a test examiner information manual that FMCSA determines is comparable to AAMVA’s 2005 CDL Test System Model CDL Manual (AAMVA Model). The AAMVA Model specifies that to complete the on-road segment of the skills test, the examiner must observe a driver applicant’s operation of the vehicle and provide instruction. However, in light of the COVID-19 public health emergency, and the need to integrate CDC guidance while ensuring continued movement of emergency supplies and equipment during the public health emergency, FMCSA is encouraging SDLAs to test drivers while practicing social distancing. As such, FMCSA requests States that wish to administer the skills test without the examiner being physically present in the test vehicle submit a plan to the Agency and explain how their administration of the test will be comparable to the AAMVA model. The plan should detail how the State intends to (i) administer the test without compromising safety, (ii) observe the skills test from a second vehicle, (iii) leverage technology, and (iv) score the road test, along with (v) any other information the State believes will help FMCSA determine whether the test administration is comparable to the AAMVA Model. States may wish to consider, for example, either having two employees in a sufficiently large follow vehicle (seated six feet apart) or else having one employee in a follow vehicle while a recording device that is set up on the vehicle records the test, viewing the applicant’s performance after the examiner has stopped driving, and then immediately deleting the recording. FMCSA will consider such plans until June 30, 2020.
— Question 12:
A number of States are experiencing greater than normal employee absences or have closed offices of their SDLAs in response to the guidance from the U.S. Centers for Disease Control and Prevention to use social distancing to reduce the spread of COVID-19. May States leverage technology (e.g., cameras, video proctoring, cell phones, online testing) to administer the CDL knowledge tests and not be physically present?
— Answer 12: In accordance with 49 CFR 383.131(b), SDLAs must administer tests using a test examiner information manual that FMCSA determines is comparable to AAMVA’s 2005 CDL Test System Model CDL Manual (AAMVA Model). FMCSA is encouraging SDLAs to continue to knowledge test drivers while practicing social distancing. As such, FMCSA requests States that wish to administer the knowledge test without the examiner being physically present to submit a plan to the Agency and explain how their administration of the test will be comparable to the AAMVA model. The plan should detail how the State intends to (i) administer the test without compromising safety, (ii) observe the knowledge test without being physically present, (iii) leverage technology, and (iv) verify a test taker’s identity, along with (v) any other information the State believes will help FMCSA determine whether the test administration is comparable to the AAMVA Model. FMCSA will consider such plans until June 30, 2020.