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Site updated as of 12:00 AM 5/6/2020
National Corona Virus Information (general)
FMCSA COVID-19 Information and Resources
FMCSA COVID-19 Emergency Declarations FAQs
FMCSA Hours of Service FAQs
Summary of Emergency Declaration Information in Colorado
Emergency Declarations by State
Commercial Vehicle Safety Alliance (CVSA) Emergency Declarations Portal (contains seachable list for current for International, National and State waivers and exemptions)
The President of the United States has declared a state of emergency under 42 U.S.C. 5121. In response, the Federal Motor Carrier Safety Administration (FMCSA) issued an exemption of 49 CFR Parts 300-399 of the Federal Motor Carrier Safety Regulations (FMCSRs)
This Emergency Declaration provides regulatory relief for commercial motor vehicle operation that are providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks, including transportation to meet immediate needs for:
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 for emergency restocking of 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);
Liquefied gases to be used in refrigeration or cooling systems;
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.
DIRECT ASSISTANCE DOES NOT INCLUDE: Routine commercial deliveries, or transportation of mixed loads that include essential supplies, equipment and persons, along with supplies, equipment and persons that are not being transported in support of emergency relief efforts related to the COVID-19 outbreaks.
Upon termination of direct assistance to emergency relief efforts, drivers must be relieved of all duty and afforded 10 hours consecutive hours off duty for property carriers, or 8 hours consecutive off duty for passenger carriers.
Commercial Motor Carriers who are currently under an Out Of Service order are not eligible for this exemption.
Effective until termination of emergency or 6/14/2020 at 11:59 pm
Link to FMCSA website information: https://www.fmcsa.dot.gov/emergency/expanded-emergency-declaration-under-49-cfr-ss-39023-no-2020-002-relating-covid-19
The FMCSA has provided the following guidance in effect until June 30, 2020.
(Note: It is important to remember that This guidance document does not have the force and effect of law and is not meant to bind the public in anyway. This guidance is intended only to provide clarity regarding existing requirements under the law.)
Please click on this link to access information, provided by DOT’s Office of Drug and Alcohol Policy Compliance (ODAPC), about the impact of the COVID-19 national emergency on DOT drug and alcohol testing requirements for employers, employees, and service agents. The 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.
The 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.
Recommended actions for FMCSA-regulated employers unable to conduct:
Random Testing – You are required by 49 CFR 382.305(k) to ensure that the dates for administering random alcohol and controlled substances tests are spread reasonably throughout the calendar year. DOT guidance further recommends that you perform random selections and tests at least quarterly.
For further guidance see https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Best_Practices_for_DOT_Random_Drug_and_Alcohol_Testing_508CLN.pdf.
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.
Post-Accident Testing – You are required to test each driver for alcohol and controlled substances as soon as practicable following an accident as required by 49 CFR 382.303. However, if 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. See 49 CFR 382.303(d) and FMCSA Guidance at: https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/commercial-motor-vehicle-operator-involved-accident-which
Reasonable suspicion testing – You should document in writing the specific reasons why the test could not be conducted as required; include any efforts you made to mitigate the effect of the disruption, such as trying to locate an alternative collection site. This documentation should be provided in addition to the documentation of the observations leading to a test, as required by 49 CFR 382.307(f). Follow current regulations addressing situations in which reasonable suspicion testing is not conducted, set forth in 49 CFR 382.307(e)(1), (2).
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.
Please follow the ODAPC guidance, as set forth below, and available at: https://www.transportation.gov/odapc/compliance-with-dot-drug-and-alcohol-testing-regulations.
If you are experiencing COVID-19-related symptoms, you should contact your medical provider and, if necessary, let your employer know about your availability to perform work.
As a reminder, it is the employer’s responsibility to evaluate the circumstances of what may be considered an employee’s refusal to test and determine whether or not the employee’s actions should be considered a refusal as per 49 CFR § 40.355(i).
Link to FMCSA website information: https://www.fmcsa.dot.gov/emergency/fmcsa-covid-19-drug-alcohol-testing-guidance
CDL WAIVERS, EXTENSIONS AND VARIANCES:
The FMCSA issued a waiver for States, CDL holders, CLP holders, and interstate drivers operating commercial motor vehicles who transport goods in response to the COVID-19 emergency.
This waiver is valid for the period beginning March 20, 2020 12:01 am, continuing through June 30, 2020 11:59 pm.
DOES NOT APPLY TO: A CDL or CLP that expired before March 1, 2020; a CDL or CLP holder if the driver’s privileges have been suspended or withdrawn for traffic offenses; drivers who cannot produce evidence of a prior medical certificate; drivers who have never obtained a medical card; drivers who developed a condition that required an exemption for skills performance evaluation; medical certificates that were originally issued for less than 90 days.
Drivers claiming relief under this waiver must have proof of a valid medical certificate that expired on or after March 1, 2020 and carry that proof with them.
Each motor carrier must notify FMCSA within 5 business days of an accident involving any CDL, CLP or non-CDL driver operating under the terms of this waiver.
Find current information at:
CDL TESTERS WAIVERS, EXTENSIONS AND VARIANCES:
FMCSA is waiving the requirements in 49 CFR 384.228(b)-(c), for third party CDL test examiners who previously completed a CDL skills test examiners training course that meets the requirements of 49 CFR 384.228(d) and have maintained a valid CDL test examiner certification. This waiver allows third party CDL test examiners previously authorized by the State to administer the CDL skills test to also administer the CDL knowledge test without completing a CDL knowledge test training course.
This waiver covers States and qualifying third party CDL skills testers for the period beginning at 12:01 a.m. (ET) on April 9, 2020, and continuing through 11:59 p.m. on June 30, 2020, or the revocation of the President’s Declaration of National Emergency under 42 U.S.C. § 5191(b) concerning the COVID-19 public health emergency, whichever is sooner.
FMCSA has issued a waiver for CLP holders that waives the following requirements:
A valid CDL holder with appropriate endorsements is no longer required to be in the front passenger seat while the CLP holder is driving. The CDL holder can be elsewhere in the cab provided that the CLP holder is in possession of evidence that they passed the skills test with an authorized third party tester as well as evidence that they have a valid medical card unless they qualify for the previous waiver.
DOES NOT APPLY TO:
THIS WAIVER IS VALID UNTIL JUNE 30, 2020 AT 11:59 PM
FMCSA web link: https://www.fmcsa.dot.gov/emergency/three-month-waiver-response-covid-19-emergency-states-and-clp-holders-operating
FOR CDL HOLDERS POSSESSING A HAZMAT ENDORSEMENT AND HOLDERS OF A CLP:
The division of Motor Vehicles has identified 406 CDL holders with a hazmat endorsement who have licenses set to expire during the office closure. The Division of Motor Vehicles has extended the date of expiration for those credentials by 60 days.
In addition, 872 drivers with a CLP are set to expire during the office closure. The Division of Motor Vehicles has extended the date of expiration for those CLPs by 60 days.
All other CDL holders are encouraged to renew their licenses online at myDMV.colorado.gov.
Other FMCSA Links on this subject:
Pipeline and Hazardous Materials Safety Administration (PHMSA) will not take enforcement action against carriers for 90 days from the date of March 25th, 2020, who are not able to provide recurrent hazmat training and testing to their employees. Carriers are encouraged to provide online training if possible to ensure the employees maintain safety.
FMCSA link for information:
Temorary exemption of TSA Security Threat Assessments (STAs) for Hazardous Materials Endorsement holders. States may grant extension of up to 180 days for endorsements that expire begining March 1, 2020 if the individual was unable to complete the required training. See the following document for details and be sure to contact the Colorado Department of Revenue to verify compliance for Colorado licenses.
HOURS OF SERVICE:
Drivers who primarily transport petroleum products the Colorado State Patrol has issued an hours of service (HOS) variance for 49 CFR Part 395 of the FMCSRs. This exemption remains in effect until March 30, 2020 unless superseded by further order of the Colorado State Patrol.
REQUALIFICATION OF CYLINDERS (FOR 2.2 NON-FLAMMABLE GAS):
In its continued efforts to support the need to move critical hazardous materials products during the COVID-19 public health emergency, PHMSA will impose an enforcement discretion for cylinders that have exceeded their periodic requalification test dates (not to exceed 12 months). The Federal Motor Carrier Safety Administration will not take enforcement action against any person who fills a DOT-specification cylinder used to transport Division 2.2 non-flammable gas by motor vehicle. The enforcement discretion does not extend to transport by air, vessel, or railroad. This waiver was issued on April 6, 2020 and remain in effect for 90 days or until the Department of Health and Human Services determines that the public health emergency related to COVID-19 no longer exists, whichever is sooner.
TEMPORARY WEIGHT ALLOWANCE:
CDOT issued an exemption that will allow all tractor-trailer combinations to operate on all state roads and the interstates at 85,000 pounds gross weight. This waiver on weights shall remain in effect for the duration for the declared emergency, as per Governor Polis, unless further declarations are made in writing or are rescinded.
On March 18, 2020, all Colorado DMV offices were directed to close until May 6, 2020. During this time, registration late fees will be waived and registration extensions will be allowed for 60 days from March 18, 2020.
Online and mail-in services are still available. Colorado.gov/dmv
The five taxpayer service center location in Colorado will be closed to the public until May 6, 2020. The Department will make secure lock boxes available at each of the service center location for taxpayers who wish to deliver payment or other documents.
Online services are available. Colorado.gov/revenueonline
Current information can be found at: https://www.colorado.gov/pacific/tax/covid-19-updates#IFTA%20Suspension
The Colorado Transportation Commission has suspended the rule that prohibits travel by LCVs during peak traffic times (7:00 AM - 9:00 AM and 4:00 PM and 6:00 PM) for a period of 120 days - until July 28, 2020
Federal Motor Carrier Safety Administration:
Phone: (877) 831-2250
Colorado State Patrol
COVID-19 Related Questions - Call Center: (833) 598-5553
Motor Carrier Safety Section - (303) 273-1875
Hazardous Materials Section - (303) 273-1911
Ports of Entry:
Cortez (970) 565-9420
Denver Mobile (303) 273-1871
Dumont (303) 567-4807
Fort Collins (970) 482-1622
Fort Morgan (970) 867-5623
Lamar (719) 336-4712
Limon (719) 775-9758
Loma (970) 858-1068
Monument (719) 481-2281
Trinidad (719) 846-2408