Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as medical care) or essential supplies (such as food and fuel) related to COVID-19 outbreaks during the emergency, including :
- medical supplies and equipment related to the testing, diagnosis and treatment 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;
- food, paper products and other groceries for emergency restocking of distribution centers or stores;
- immediate precursor raw materials-such as paper, plastic or alcohol-that are required and to be used for the manufacture of items in categories (1), (2) or (3);
- equipment, supplies and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to COVID-19;
- persons designated by Federal, State or local authorities for medical, isolation, or quarantine purposes; and
- persons necessary to provide other medical or emergency services, the supply of which may be affected by the COVID-19 response.
- does not include routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of this emergency declaration,
- terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts related to the COVID-19 outbreaks or when the motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce.
Upon termination of direct assistance to emergency relief efforts related to the COVID-19 outbreaks, the motor carrier and driver are subject to the requirements of 49 CFR Parts 390 through 399, except that a driver may return empty to the motor carrier's terminal or the driver's normal work reporting location without complying with Parts 390 through 399.
HOWEVER , if the driver informs the motor carrier that he or she needs immediate rest , the driver must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier's terminal or the driver's normal reporting location.
Once the driver has returned to the terminal or the driver's normal reporting location, the driver must be relieved of all duty and responsibilities and must receive a minimum of 10 hours off duty if transporting property, and 8 hours if transporting passengers.”
IMPORTANT TO NOTE : This DOES NOT waive
- controlled substances and alcohol use and testing requirements ( 49 CFR Part 382), the commercial driver's license requirements (49 CFR Part 383),
- financial responsibility (insurance) requirements ( 49 CFR Part 3 87),
- hazardous material regulations ( 49 CFR Parts 100-180),
- applicable size and weight requirements, or any other portion of the regulations not specifically exempted under to 49 CFR § 390.23.
DOT Random Drug Screening
Mar 23 rd
-- DOT Guidance on Compliance with Drug and Alcohol Testing Regulation
: “Federal Motor Carrier Safety Administration (FMCSA) regulations provide reasonable flexibility to motor carrier employers and their drivers subject to testing under 49 CFR part 382 to address the COVID-19 national emergency. FMCSA is aware that, as described in ODAPC’s guidance, disruptions caused by the COVID-19 national emergency are interfering with, and in some cases, may be preventing, employer and driver compliance with current drug and alcohol testing requirements. In addition to the guidance provided by ODAPC, see below for further information specifically related to FMCSA’s testing requirements.”
• Random Testing – If, due to disruptions caused by the COVID-19 national emergency, you are unable to perform random selections and tests sufficient to meet the random testing rate for a given testing period in order to achieve the required 50% rate for drug testing, and 10% for alcohol testing, you should make up the tests by the end of the year. You should document in writing the specific reasons why you were unable to conduct tests on drivers randomly selected, and any actions taken to locate an alternative collection site or other testing resources.
• Pre-Employment Testing – If you are unable to conduct a pre-employment controlled substances test, in accordance with 49 CFR 382.301(a), you cannot allow a prospective employee to perform DOT safety sensitive functions until you receive a negative pre-employment test result , unless the exception in 49 CFR 382.301(b) applies.
(b) An employer is not required to administer a controlled substances test required by paragraph (a) of this section if:
(1) The driver has participated in a controlled substances testing program that meets the requirements of this part within the previous 30 days; and
(2) While participating in that program, either:
(i) Was tested for controlled substances within the past 6 months (from the date of application with the employer), or
(ii) Participated in the random controlled substances testing program for the previous 12 months (from the date of application with the employer); and
(3) The employer ensures that no prior employer of the driver of whom the employer has knowledge has records of a violation of this part or the controlled substances use rule of another DOT agency within the previous six months.
• Post-Accident Testing – I f you are unable to administer an alcohol test within 8 hours following the accident, or a controlled substance test within 32 hours following the accident, due to disruptions caused by the COVID-19 national emergency, you must document in writing the specific reasons why the test could not be conducted, as currently required.
• Return-to-duty (RTD) testing – In accordance with 49 CFR 40.305(a), you must not allow the driver to perform any safety-sensitive functions, as defined in 49 CFR 382.107, until the RTD test is conducted and there is a negative result .
• Follow-up testing - If testing cannot be completed, you should document in writing the specific reasons why the testing could not be conducted as in accordance with the follow-up testing plan; you should include any efforts you made to mitigate the effect of the disruption, such as trying to locate an alternative collection site. You should conduct the test as soon as practicable.
FMCSA Gives Commercial Motor Vehicle Drivers Extension on Expiring CDLs,Medical Cards
- extends until June 30, 2020 the maximum period of CDL validity by waiving 49 CFR 383.73(b)(9) and 383.73(d)(6) for CDLs due for renewal on or after March 1, 2020, and
- waives the requirement under 49 CFR 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
This waiver DOES NOT apply to :
- Licenses that expired before Mar 1st ,
- Drivers whose license has been suspended or revoked,
- Drivers who did not obtain medical certification in the first place,
- Drivers who, since their last medical exam, have developed a medical condition that would disqualify them from operating a commercial motor vehicle, or
- Drivers whose expiring medical card was valid >90 days.