Drivers Have Until June 30, 2020 to Renew Expired CDLs and Medical Certificates
Overview
On Tuesday, March 23, 2020, FMCSA issued waivers for drivers with expiring medical certificates, commercial driver licenses (CDLs), and commercial learner’s permits (CLPs)
Drivers with medical certificates expiring on or after March 1, 2020 will have an extension to renew until June 30, 2020. FMCSA’s Enforcement Notice states that FMCSA will exercise its enforcement discretion to forgo penalties for a CLP or CDL driver to operate a commercial vehicle if their CLP or CDL expired on or after March 1, 2020. Importantly, this waiver applies only to driver with CDLs, CLPs and medical certificates that expired on or after March 1, 2020.
At this time, nearly half of the States have adopted an extension for expiring CDLs. California was the first state to provide a waiver for expiring medical certificates on Monday, March 23. FMCSA quickly followed suit with its waiver and Enforcement Notice the next day.
The FMCSA waivers recognize that drivers are unable to obtain appointments for physical examinations with medical examiners during the COVID-19 emergency, and that many state DMV offices have closed or severely limited their services. The waivers provide needed relief for drivers and consistency for fleets navigating a patchwork of state emergency orders and CDL extensions.
Intrastate drivers still must confirm with their State to verify requirements for CDL and medical certificate extensions. Interstate drivers operating with an expired medical certificate and CDL should have a copy of the FMCSA Medical Certificate Waiver and Enforcement Notice on hand in their vehicle, along with the paper copy of their expired medical certificate (see links below).
Key points for fleets and drivers operating under the waiver.
The waiver covers States, CDL holders, CLP holders and interstate non-CDL CMV drivers for the period beginning at 12:01 a.m. (ET) on March 20, 2020, continuing through 11:59 p.m. on June 30, 2020.
- This waiver does not apply to a CDL or CLP holder if the driver’s license expired before March 1, 2020.
- This waiver does not apply to a CDL or CLP holder if the driver’s privileges have been suspended or withdrawn for traffic offenses.
- Drivers claiming relief under this waiver from the requirement for a valid medical certificate must have proof of a valid medical certificate that expired on or after March 1, 2020, and carry a paper copy of their expired medical certificates.
- Drivers who cannot produce evidence of a prior medical certification that expired on or after March 1, 2020, are not covered under this waiver, including new drivers who have never obtained a medical certification.
- Drivers who, since their last medical certificate was issued, have either been diagnosed with a medical condition that would disqualify the driver from operating in interstate commerce, or have developed a condition that requires an exemption or Skill Performance Evaluation from FMCSA are not covered under this waiver.
- This waiver does not apply to medical examiner’s certificates originally issued for less than 90 days.
A copy of the medical certificate waiver and relevant information can be found at: https://www.fmcsa.dot.gov/emergency/fmcsa-cdl-waiver-32420
A copy of the CDL enforcement notice and relevant information can be found at: https://www.fmcsa.dot.gov/emergency/enforcement-notice-expiring-cdls-32420
Taylor and Associates is a full-service transportation law firm assisting clients to meet their federal and state compliance requirements. If you have questions about this or other issues, contact us.
Contributing authors: Lesley B. Sachs and Elle M. Slattery