AN ORDER AMENDING EXECUTIVE ORDER NO. 15 SUSPENDING PROVISIONS OF CERTAIN STATUTES AND RULES AND TAKING OTHER NECESSARY MEASURES IN ORDER TO FACILITATE THE TREATMENT AND CONTAINMENT OF COVID-19
Two very important documents were completed last night relating to CDLs and Medical Cards as well as a PHMSA notice relating to HM Training. Please see below for description and links. The documents are also attached for easy reference.
Enforcement Notice on Expiring CDLs
This Notice of Enforcement Policy, effective from March 24, 2020 to June 30, 2020, provides needed relief from specified FMCSRs for CLP holders, CDL holders, and non-CDL drivers and motor carriers using those drivers. This Notice of Enforcement Policy applies to all CLP holders, CDL holders, and non-CDL drivers whose license was 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.
Waiver for States, CDL Holders, CLP Holders, and Interstate Drivers Operating Commercial Motor Vehicles
The waiver is effective until June 30, 2020 and provides important relief resulting from situations where many CDL and CLP holders are unable to renew their CDLs and CLPs and are unable to provide medical certificates to their State Driver Licensing Agencies. In addition, many medical providers nationwide have canceled regularly scheduled appointments to dedicate resources to the COVID-19 response. As a result, drivers are unable to obtain appointments for physical examinations with medical examiners.
PHMSA Notice of Enforcement Policy Relating to HM Training
PHMSA has provided there will not take enforcement action taken against any HM employer and/or HM employee unable to provide the required “recurrent training” during the Covid-19 pandemic. This policy was coordinated across the Department and applies to FMCSA and all modes. It does not apply to initial training, or the need to have a new HM employee work under the supervision of a trained HM employee until they can get their initial training.
Emergency Declarations Page
March 23, 2020
This guidance document provides clarity to DOT-regulated employers, employees, and service
agents on conducting DOT drug-and-alcohol testing given concerns about the Coronavirus
Disease 2019 (COVID-19). We, as a Nation, are facing an unprecedented public health
emergency that is straining medical resources and altering aspects of American life, including the
workplace. The Nation’s transportation industries, which are not immune to the impacts and
disruptions resulting from the spread of COVID-19 in the United States, are playing a vital role
in mitigating the effects of COVID-19.
DOT is committed to maintaining public safety while providing maximum flexibility to allow
transportation industries to conduct their operations safely and efficiently during this period of
The below guidance on compliance with the DOT and modal drug and alcohol testing programs
apply during this period of national emergency.
For HME applicants, while there is no impact to TSA adjudications, issuance of a HME on a Commercial Driver’s License (CDL) will vary by State. Some driver’s’ license agencies are closing, require an appointment, or are reducing hours of operations. HME applicants should check with their state for potential impacts.
The Transportation Security Administration (TSA) values the health and wellness of its staff, service providers, stakeholders and the public. TSA is monitoring and following the updates provided by the Center for Disease Control (CDC) regarding the Coronavirus (COVID-19), and it is following the CDC’s recommendations. For updated information, please visit: https://www.tsa.gov/coronavirus.
TSA’s enrollment network services multiple programs to include the Transportation Worker
Identification Credential (TWIC), the Hazardous Materials Endorsement (HME) and TSA
PreCheckTM. TSA is working with its enrollment provider to continue to deliver essential
services to the public in a safe operating environment.
Drivers face the enormous challenge of delivering essential goods in these unsettling times, while also wondering how they can be evaluated and tested for coronavirus.
UrgentCareTravel, the medical clinic network located at Pilot and Flying J Travel Centers, is here to help.
UrgentCareTravel will be launching a telemedicine-based Driver Coronavirus Evaluation Service:
Two additional documents have been added to the Emergency Declarations Page
Notice to State Drivers Licensing Agencies of the Federal Motor Carrier Safety Administration’s Policy Regarding Effect of Actions during COVID-19 Emergency (See Attached)FAQs CDL Enforcement Discretion 032020 1757
This notice sets forth the Agency’s view of various actions State Drivers Licensing Agencies (SDLA) may exercise during the emergency relating to COVID-19 for which FMCSA would decline to issue a finding or make a determination of substantial non-compliance. Specifically, the following three issues:
- FMCSA will not determine a State to be in substantial non-compliance or issue a finding under 49 CFR Part 384 if the State extends a Commercial Learner’s Permit (CLP) or Commercial Driver’s License (CDL) that would otherwise expire during the COVID-19 emergency
- States may renew a CDL/CLP online
- FMCSA will not determine a State to be in substantial non-compliance or issue a finding if a State does not change the medical certification status to “not certified” or downgrade a CDL/CLP holder whose Medical Examiner’s Certificate has expired during the COVID-19 emergency
Notice of Enforcement Discretion Relating to Temporary Operating Authority (See Attached)
This notice indicates that FMCSA has exercised agency discretion and determined not to enforce the Temporary Operating Authority Registration fee provisions against those motor carriers requesting Temporary Operating Authority Registration, including passenger carriers requesting temporary authority to transport property, in order to provide direct assistance to the COVID-19 emergency relief efforts.
Previously Issued Documents:
Frequently Asked Questions
As previously mentioned, last night we published some FAQs on the emergency declaration. For reference, the link is https://www.fmcsa.dot.gov/emergency/expanded-emergency-declaration-under-49-cfr-ss-39023-no-2020-002-relating-covid-19. In addition, a PDF version of the FAQs is attached for your use.
Emergency Declarations Questions
A centralized mailbox is available for questions related to the emergency declaration. This mailbox is available for both internal and external stakeholders. The address is FMCSADeclaration@dot.gov.
As you know we closed our doors to the general public yesterday afternoon but were allowing your offices to pick-up credentials. We were able to do this because we were going to have a limited amount of staff still in our offices, that has changed. Beginning close of business today we will no longer have Motor Carrier staff in office, so pick-ups will not be an option. We will begin issuing only temporary permits until we are back in office, this includes renewals. If you are missing the required documentation needed, we will not issue a temporary permit.
We greatly appreciate your patience and understanding as we are moving through this quickly changing situation.
Gov. Lee signed Executive Order 15 to relieve regulatory burdens and free up the Executive Branch to more effectively respond to COVID-19 in Tennessee. This executive order works to quickly boost our health care capacity, continue important consumer protections and provide enhanced customer service to our citizens during this pandemic.
Please note Items 14, 15, 22, and 23.
Item 23: All Driver Licenses, Learner Permits, Commercial Driver Licenses, Photo Identification Licenses (ID), and Handgun Carry Permits that would expire between March 12, 2020, and May 19, 2020, will be extended for six (6) months from the original expiration date. The Department will issue a letter of extension to the individuals affected. Affected individuals will be required to keep the letter with them during the extension period.
TN Department of Revenue
Motor Carrier walk-in lobby will be temporarily closing to the general public as of 4:30 this afternoon until April 12. We will still have a limited amount of staff in office working supplements submitted via TNTAP and mail. We encourage everyone to utilize TNTAP for the quickest turnaround time. We will allow pick up only for your offices between 2-3 every day. We will be issuing temporary credentials to everyone that has submitted all necessary paperwork to us, this will include renewals. We are working diligently to have everything processed as quickly as possible.
We appreciate everyone’s patience and understanding as we navigate through unchartered territory.