Tag: FMCSA Waiver 2020

DOT-FMCSA Updates to Drug Screening

Bob Holtzman

On June 5, the Federal Motor Carrier Safety Administration (FMCSA) released a Grant of Waiver regarding drug screening for truckers. This was done in response to furloughed truck drivers who found themselves out of work due to the coronavirus’s spread, which caused significant disruption to the industry and the employees it served.

As trucking employers begin to recall drivers who were laid off or otherwise not working for the company for more than 30 days, the cost and logistical barriers of testing many truck drivers in a short window of time are high FMCSA explained. This comes at a time when the trucking industry is facing economic challenges like never before.

This problem is further complicated by the reduced availability of controlled substances testing resources due to facility closures that continue to occur on account of the spread of COVID-19.

Granting an Extension

The FMCSA also noted that the waiver would extend from 30 days to 90 days, a period of time which drivers would qualify for the pre-employment testing exception currently held under 49 CFR 382.301(b). This would help employers out by allowing drivers to forego pre-employment testing who have participated in a controlled substance testing program that meets the requirements of 49 CFR within the previous 90 days of hire.

Allowing employers to push back pre-employment drug testing for drivers who were already tested within the previous 90 days will let employers see relief in the administrative burdens and costs related to administering tests. In turn, trucking companies can allow their drivers to get back on the road in a shorter time, thus promoting job growth and economic progress.

Moving Forward

The FMCSA’s waiver clarifies that it doesn’t change any of the remaining controlled substance and alcohol use testing requirements for a truck driver who performs safety-sensitive functions. Additionally, the motor carrier employers subject to the FMCSA waiver have instant and free access to driver-specific drug and alcohol violation information through the FMCSA’s Drug & Alcohol Clearinghouse.

The waiver applies to both re-hires and new hires as long as they were in a program in the past 90 days. This is a reasonable response to the pandemic still making its way through the United States, affecting the commercial trucking industry, and the subsequent return to work process the country is experiencing.

About Western Truck Insurance Services


Western Truck Insurance Services is a commercial truck insurance agency with roots dating back to 1954. We have evolved into a highly respected, professionally managed, truck, and transportation insurance brokerage. The hallmark of our organization is our desire to provide unparalleled service. We go way beyond what you expect to receive from an insurance brokerage. Equipped with state of the art automation, Western Truck Insurance can provide you with lightning fast truck insurance quotes, customer service, Insurance certificates, and coverage changes. Contact us today at (800) 937-8785 to learn more!

Covid-19 FMCSA Updates

Bob Holtzman

Amid all the confusion and new questions surrounding the wide-reaching effects of the COVID-19 outbreak, truck drivers and trucking operations as a whole have still been moving along, completing their tasks and moving goods around the country. But while business may seem as it usually has been, the Federal Motor Carrier Safety Administration has been going to the drawing board to find solutions to freight and product needs that need to be met.

FMCSA Response Related to COVID-19

On March 18, the FMCSA issued an expanded national emergency declaration to provide hours-of-service regulatory relief to commercial vehicle drivers moving emergency relief products in response to COVID-19. This includes adding fuel and raw materials needed to assemble and manufacture essential supplies.

The declaration, spearheaded by Department of Transportation Secretary Elaine Chao, provides for regulatory relief for commercial trucking operations providing assistance supporting relief efforts meant to meet the needs for medical supplies and equipment for testing and treatment of the virus, food, paper products, and other groceries for restocking, fuel, persons necessary to provide other medical or emergency services, and more.

The declaration outlined that direct assistance does not include routine commercial deliveries, however. Commercial fleets cannot add a certain quantity of qualifying emergency relief to a mixed truckload in order to obtain the same benefits as others under the declaration.

Trucking companies are having to reevaluate their daily operations and how they plan on covering losses due to interruptions or liabilities related to COVID-19. Necessary coverage such as general liability truck insurance is needed in order to protect any further potential for loss until entities, such as the FMCSA, outline relief targeted at helping trucking companies.

Here are some more updates from FMCSA to be aware of:

Temporary Waiver for Expiring CDLs & Med Certs

FMCSA issued a temporary waiver for States, CDL holders, CLP holders, and interstate drivers operating commercial motor vehicles in response to the COVID-19 emergency. Given the limited availability and operations of State Driver License Agencies and medical facilities, FMCSA has determined that it is in the public interest to issue a waiver, limited in scope and circumstances, until June 30, 2020.

The FMCSA’s waiver specifically extends until June 30, 2020 the maximum period of CLP validity by waiving Sections 383.73(a)(2)(iii) and 383.25(c) for CLPs that are due for renewal on or after March 1, 2020, without requiring the CLP holders to retake the general and endorsement knowledge tests.

The waiver also waives the requirement in Section 383.25(e) that CLP holders wait 14 days to take the CDL skills test while also waiving the requirement in Section 391.45 that CDL holders, CLP holders, and non-CDL drivers have a medical examination and certification, provided that they have proof of a valid medical certification that was issued for a period of 90 days or longer and that expired on or after March 1, 2020.

Furthermore, the FMCSA announced that it had also issued an Enforcement Notice, saying that the FMCSA will “exercise its enforcement discretion to not take enforcement action” on any drivers or carriers that meet the terms of the waiver.

About Western Truck Insurance Services


Western Truck Insurance Services is a commercial truck insurance agency with roots dating back to 1954. We have evolved into a highly respected, professionally managed, truck and transportation insurance brokerage. The hallmark of our organization is our desire to provide unparalleled service. We go way beyond what you expect to receive from an insurance brokerage. Equipped with state of the art automation, Western Truck Insurance can provide you with lightning fast truck insurance quotes, customer service, Insurance certificates, and coverage changes. Contact us today at (800) 937-8785 to learn more!