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NATIONAL - EMA: FMCSA EXTENDS WAIVER LIFTING CERTAIN CDL LICENSING RESTRICTIONS FOR STATES

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Regulatory Alert

FMCSA EXTENDS WAIVER LIFTING CERTAIN CDL LICENSING RESTRICTIONS FOR STATES

November 30, 2022

The Federal Motor Carrier Safety Administration (FMCSA) issued a waiver extension today 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.

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 drivers licensing agencies. States may implement the waiver at their discretion. In other words, states may, but are not required to follow the waiver.

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

 

 

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