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FMCSA Emergency Declaration & Waiver Extension

Sep 3, 2021 | COVID-19, FMCSA, News | 0 comments

FMCSA Emergency Declaration & Waiver ExtensionBased on recent developments involving the Delta Variant of the Covid-19 virus, the FMCSA has announced the extension of several of the COVID-19 Emergency Waivers and Declarations that were set to expire at the end of August. The extension will run until November 30, 2021.

Emergency Declaration

Under this extension, certain motor carriers involved in providing immediate relief transportation of specific commodities related to the Covid-19 pandemic are eligible for a temporary waiver of the maximum driving time provisions contained in 49 CFR § 395.3. Any motor carrier who chooses to rely upon this waiver must report such reliance to their FMCSA portal account within 5 days of the end of each month of reliance.

It is important to note that this waiver only applies to emergency transportation of the qualifying goods, and does not apply to routine commercial loads or deliveries, even if those loads are entirely or partially composed of the qualifying goods.

Emergency transportation refers to non-routine loads that are being delivered to areas where resources have been suddenly depleted or where supply chains have broken down.

Qualifying Products

  1. Livestock and livestock feed;
  2. Medical supplies and equipment related to the testing, diagnosis, and treatment of COVID-19;
  3. Vaccines and supplies and equipment related to the prevention of COVID-19;
  4. Supplies for transmission prevention of COVID-19 such as masks, gloves, hand sanitizer, soap, and disinfectants;
  5. Groceries for emergency restocking of distribution centers or stores;
  6. Gasoline, diesel, jet fuel, and ethyl alcohol; and,
  7. Supplies and building materials for individuals displaced by Covid-19.

License Waiver

The FMCSA has extended its licensing waiver, providing states the opportunity to extend the validity of CDLs and CLPs that expired on or after March 1, 2020 through November 30, 2021. However, states are not required to allow the extension, so drivers should take care to be certain whether their licenses and permits are valid.

If you have any questions or concerns regarding whether your state is allowing or disallowing the waiver extensions, or whether your operations qualify for relief under the emergency declaration extension and expansion, please reach out to us to discuss.

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice.

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