Updates from the FMCSA Regarding COVID-19

Updates from the FMCSA regarding COVID-19

and National Emergency Declarations

The Federal Motor Carrier Safety Administration has made Emergency Declarations to maintain the motor carrier industry and those who have a commercial driver’s license.

These declarations are covering these specific areas of concern:

• Motor Carriers and Drivers providing Direct Assistance

• Provides regulatory relief for commercial motor vehicle operations providing direct assistance in support of emergency relief efforts and immediate needs for such materials like medical supplies, equipment, food, paper products.
• Additionally, raw materials for manufacturing additional equipment and supplies, and transportation of fuel.
• Loads being carried need to be predominantly Relief oriented.

• Hours of Service

• None of the Hours of Services regulations apply while the drivers is engaged with providing direct assistance under the emergency relief exemption.
• The 60/70-Hour Rule doesn’t apply during the emergency relief.
• The 34-hour restart is required upon completion of the direct assistance and prior to returning to normal operations.
• During the emergency relief, drivers are exempted from all the hours-of-service regulations, including the record keeping requirements. (ELD and Paper Logbook)
• If there is an ELD within the vehicle, there are 3 options:

• Use Authorized personal use (personal conveyance).
• Use ELD in normal mode and note the Emergency relief.
• Turn off the ELD, however the Motor carrier will have to address the unassigned mileage.

• Regarding back hauls that are not relief oriented, the driver is required a 10 consecutive hour off duty before driving and start recording their Hours-of-service as normal.
• The expanded definition of raw materials and how they are associated with emergency relief efforts. (i.e. materials to manufacture bleach, hand sanitizer and similar items).
• This would also include packaging materials for food.
• Even feed and fertilizer is classified as “essential” under the emergency declaration.

• Commercial Driver’s License

• FMCSA has granted a 3 month waiver for expiring CDL on or after March 1, 2020.
• This also includes a medical certificate issued for a period of 90 days or longer and expires on or after March 1, 2020.
• FMCSA will not take enforcement action until June 30, 2020.

• COVID-19 Drug & Alcohol Testing Guidance

• During the COVID-19 emergency, FMCSA has stated that if employers are not able to perform random testing regularly, they should make up the testing before the end of the year (2020).
• Documentation should be completed with specific reasons why testing is not able to be performed.
• All other forms of testing are unaffected.

Questions?  Contact a tow specialist at (888) 455-5131 or use the link below to contact us.

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