FMCSA Extends Waiver Lifting Certain CDL Licensing Restrictions For States

On December 2, the Federal Motor Carrier Safety Administration (FMCSA) issued a waiver extension that removes time consuming regulatory barriers that slow the process for Commercial Learners Permit (CLP) holders to obtain a Commercial Driver’s License (CDL).

The two-part waiver gives temporary relief from certain CDL driver skills test requirements.

According to the FMCSA, the waiver will help alleviate the nationwide CDL driver shortage by shortening the CDL licensing process in those states adopting the waiver. The waiver applies to both intrastate and interstate drivers in states that choose to adopt it.

Out of State Driver Training Restriction

First, the waiver allows states to lift the FMCSA requirement that prevents out-of-state CDL applicants from taking the CDL skills test in a state other than where he/she completed CDL driver training.

The Entry Level Driver Training rule requires a CDL applicant to take both the CDL driver training course and CDL skills test in the same state. However, under the waiver, states may, at their discretion, allow CDL applicants with out-of-state driver training certificates to sit for an in-state CDL skills test without taking a second driver training course.

14-Day Waiting Period Restriction

Second, the waiver removes the FMCSA restriction preventing Commercial Learners Permit (CLP) holders from taking the CDL skills test within the first 14-days from the date the CLP was issued.

Under the waiver, a state may, at their discretion, allow a CLP to take the CDL skills test immediately after the CLP is issued.

Although it is detailed below that the requirement under 49 CFR § 383.25(e) (14 day waiting restriction) is covered under the waiver and extension, a minimum waiting period of 15 days is also required under State law–  Section 1607(d)(3) – Before a person may take the examination for a commercial driver’s license, the person must have held a learner’s permit for 15 days for the class of vehicle the person intends to drive.

Waiver Extension Period

The FMCSA waiver is an extension of an existing waiver that expires on November 30, 2022. The latest extension of the waiver is effective through 11:59 pm, February 28, 2023.

Limitations

The FMCSA waiver lifts restrictions for CDL training and licensing that apply to state driver’s licensing agencies. States may implement the waiver at their discretion.  In other words, states may, but are not required to follow the waiver.

The PPA has inquired with PennDOT regarding the waiver. Pennsylvania has not implemented either waiver to date and therefore it does not currently have an impact within the state.

Got Questions? Contact Mark S. Morgan, EMA Regulatory Counsel, mmorgan@emamerica.org.

TAP HERE for all articles in December 5 EXPRESS Update