FMCSA Rolls Back More Safety Requirements in Response to COVID-19

When many states began implementing shelter-in-place orders, the Federal Motor Carrier Safety Administration (FMCSA) suspended hours of service (HOS) requirements. Under normal circumstances, these requirements limit the amount of driving and working hours for interstate over-the-road truck drivers.

The FMCSA’s suspension of HOS requirements applies to all truck drivers providing direct assistance to the COVID-19 outbreak. This includes truck drivers transporting medical supplies, home goods, food, and more.

The decision to temporarily exempt drivers from HOS requirements was unprecedented. In fact, the suspension marked the first time the hours of service safety requirements have been suspended since first enacted in 1938.

Since the HOS suspension in March, the FMCSA has exempted or relaxed several other transportation safety requirements. Here are a few you should know about.

Relaxed Restrictions on Student Drivers

As a result of the virus outbreak, many state driver’s license offices across the nation remain closed. These closures make it difficult for student truck drivers to obtain a Commercial Driver’s License (CDL).

Typically, a student driver with a Commercial Learner’s Permit (CLP) must have a CDL holder riding with them in the front seat of the cab to ensure that the student driver is safely operating the vehicle.

On March 28, the FMCSA issued a waiver to many CLP drivers that now allows them to drive without a qualified CDL driver in the vehicle.

According to the FMCSA, the waiver intends to prevent a shortage of commercial motor vehicle drivers during the COVID-19 outbreak. The FMCSA believes that this decision will not have a substantial impact on highway safety, because of the “limited scope of the waiver and ample precautions still in place.”

This temporary waiver is in effect until June 30, 2020, or until the COVID-19 state of national emergency has ended.

Relaxed Restrictions on Drug and Alcohol Testing

The FMCSA has also issued guidance on creating “extra-flexibility” for mandated drug and alcohol testing of truck drivers. The FMCSA regulations require truck drivers to undergo drug and alcohol testing many times during their employment.

Drivers must be tested before they’re hired. Truck drivers are also subject to random drug testing, as well as testing after an accident. They can also be tested if there is a reasonable suspicion of drug or alcohol use before or while operating a commercial motor vehicle.

These testing requirements have been relaxed in response to COVID-19.

If trucking companies cannot complete the random drug and alcohol testing as required, they are expected to meet the percentage by the end of the year.

Let’s say a trucking company believes one of its employees has operated a truck while impaired by drugs or alcohol. However, they cannot conduct a test. During the coronavirus outbreak, this company must document the specific reasons why the test could not be conducted. They must also include any efforts made to obtain a test.

Our hope, as highway safety advocates, is that trucking companies do not view this an excuse to avoid testing. Impaired drivers – particularly those driving large trucks – are a tremendous danger to other members of the motoring public.

While we understand the urgency associated with this outbreak, rolling back trucking safety regulations gives us pause. While these exemptions and relaxations are in effect, we recommend you drive carefully when sharing the roadway with big rigs.