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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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On March 24, 2020, the Federal Motor Carrier Safety Administration (FMCSA) granted a temporary waiver that effectively extends the validity of commercial driver’s licenses (CDLs), commercial learner’s permits (CLPs) and medical certificates for drivers of commercial motor vehicles (CMVs). The waiver will expire on June 30, 2020.

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The FMCSA initiated this action in response to the impact COVID-19 outbreaks are having on CMV drivers, medical examiners, state driver licensing agencies and the public. According to the FMCSA, many drivers are unable to renew their CDLs and CDPs because licensing agencies have closed to prevent the transmission of COVID-19. Drivers also are having trouble obtaining medical certificates because many medical examiners have cancelled appointments to dedicate resources to the COVID-19 response. Moreover, the FMCSA recognizes that there is “a public need for immediate transportation of essential supplies, equipment, and persons, which requires an adequate and sustained supply of CDL holders, CLP holders, and drivers operating CMVs (non-CDL drivers).”

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The waiver states that the FMCSA will continue to recognize the validity of expired commercial driver’s licenses issued in Canada and Mexico when those jurisdictions issue a similar notice or declaration extending the validity date of licenses and their corresponding medical certifications due to government service interruptions resulting from COVID-19.

The waiver does not apply to CDLs or CPLs that expired before March 1, 2020; a driver whose license was suspended or withdrawn for a traffic offense; or a driver who has been diagnosed with a disqualifying condition or condition requiring an exemption or Skill Performance Evaluation since receiving their last medical certificate. Also, the FMCSA reserves the right to revoke the waiver for a driver who is involved in an accident, a motor carrier that fails to report an accident or a driver who fails to comply with the waiver’s restrictions.

Additionally, the waiver only applies to CDLs and CLPs that are subject to the Federal Motor Carrier Safety Regulations (FMCSR) maximum validity periods (eight years for CDLs; one year for CLPs); it does not provide relief to drivers with CDLs and CLPs issued by states that prescribe a maximum validity period shorter than the corresponding maximum period under the FMCSR.

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Karyn A. Booth 202.263.4108 <a href="mailto:Karyn.Booth@ThompsonHine.com">Karyn.Booth@ThompsonHine.com</a>

Jason D. Tutrone 202.263.4143 <a href="mailto:Jason.Tutrone@ThompsonHine.com">Jason.Tutrone@ThompsonHine.com</a>

Additional Resources

We have assembled a firmwide multidisciplinary task force to address clients’ business and legal concerns and needs related to the COVID-19 pandemic. Please see our <a href="https://www.thompsonhine.com/services/covid-19-task-force" target="_blank" rel="noopener">COVID-19 Task Force</a> page for additional information and resources.

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel. This document may be considered attorney advertising in some jurisdictions.

FMCSA Temporarily Extends Commercial Drivers’ Licenses, Permits and Medical Certifications

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