ATA Member Update: FMCSA Declarations
A message from the American Trucking Association
May 26, 2021
Dear ATA Member:
Within the last hour, FMCSA announced they have extended the Emergency Declaration that was set to expire on May 31st. This extension includes the same regulatory relief for motor carriers and drivers providing direct assistance in support of relief efforts related to COVID-19, as included in the February 17th declaration.
The declaration published today is limited to the transportation of:
- Livestock and livestock feed;
- Medical supplies and equipment related to the testing, diagnosis, and treatment of COVID-19;
- Vaccines, constituent products, and medical supplies and equipment, including ancillary supplies/kits for the administration of vaccines, related to the prevention of COVID-19;
- Supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap, and disinfectants; and,
- Food, paper products, and other groceries for emergency restocking of distribution centers or stores.
Please note, this expanded declaration becomes effective at 12:00 a.m. June 1st, and expires on August 31st, 2021. The Agency says it intends to review the status of this and other emergency regulatory relief — including CDL, CLP, and medical card validity extensions — on July 1st, 2021, and may take action to modify or terminate if conditions warrant. The Agency says, “it is FMCSA’s intention to wind down the exemptions granted under this Emergency Declaration and related COVID-19 regulatory relief measures to the extent possible.”
As with previous declarations, emergency regulatory relief is provided from parts 390 through 399 of the FMCSRs, including the hours-of-service regulations. Emergency relief does not include certain FMCSR’s related to the safe operation of CMVs, such as controlled substance and alcohol testing, financial responsibility requirements, CDL requirements, operation of a CMV while ill or fatigued, size and weight requirements, and additional FMCSR’s which are outlined in the declaration.
Additionally, FMCSA also announced the extension of waivers related to CDL/CLP/Medical Card validity and Third Party CDL Skills Test Examiners. We encourage everyone to review the applicability, restrictions, and limitations. The full text will be posted to FMCSA’s website later today at https://www.fmcsa.dot.gov/COVID-19.
Manager, Safety Policy