WIXLIB

Tennessee Trucking Town Hall ForumCOVID-19 Response and InformationApril 20201

Agenda Opening / TTA Update FMCSA Emergency Declaration & FAQ CDL Waivers Other Emergency Actions Executive Orders by Governor Lee THP Commercial Vehicle Administration Update Department of Safety CDL Update Department of Revenue Vehicle Services Update2

Trucking Forum Participants Donna England, VP Safety & Member Services, Tennessee TruckingAssociation Stephanie Mann, Division Administrator, Tennessee Division, FederalMotor Carrier Safety Administration Lt. Allen England, Commercial Vehicle Administration, TennesseeHighway Patrol Timothy Gregory, Director of Commercial Driver License, TennesseeDepartment of Safety & Homeland Security Jennifer Lanfair, Assistant Director, Vehicle Services Division,Tennessee Department of Revenue3

FMCSA NationalEmergency Declarationhttps://www.fmcsa.dot.gov/COVID-194

Expanded Emergency Declaration Effective March 18, 2020 – Covers 50 States and DC Extension changed expiration from April 12 to May 15, 2020 Relief from 49 CFR parts 390-399 for motor carriers and driverscarrying specific loads Direct assistance means transportation and other relief servicesprovided by a motor carrier or its driver(s) incident to the immediaterestoration of essential services (such as medical care) or essentialsupplies (such as food and fuel) related to COVID-19 outbreaksduring the emergency5

Expanded Emergency Declaration (Continued) Per FAQs No specific documents needed – use normal business records (e.g., bills oflading) Do not have to use ELD or RODS FAQs prescribe how to notate on ELDs Hours for these deliveries do not count toward 60/70 hours 30-minute break not required 34-hour restart not required Time driving to pick up CMV is not on duty6

Loads Covered by DeclarationWhen CMV operations are providing direct assistance in support ofemergency relief related to the COVID-19 outbreak, includingtransportation to meet immediate needs for:(1) medical supplies & equipment related to testing, diagnosis and treatment;(2) supplies & equipment necessary for community safety, sanitation, & preventionof transmission; Such as masks, gloves, hand sanitizer, soap and disinfectants;Per FAQs Includes: Household waste and medical waste(3) food, paper products & other groceries for emergency restocking of distributioncenters or stores;7

Loads Covered by Declaration (Continued)(4) immediate precursor raw materials that are required and used for themanufacture of items in (1), (2) or (3); Such as paper, plastic or alcoholPer FAQs includes: Livestock Wood pulp if being used to manufacture items in (1), (2) or (3) Raw materials used to manufacture bleach, disinfectants, hand sanitizers and similar items Packaging for food -- for example, produce containers Feed and fertilizer8

Loads Covered by Declaration (Continued)(5) fuel;(6) liquefied gases to be used in refrigeration or cooling systems;(7) equipment, supplies and persons necessary to establish and manage temporaryhousing, quarantine, and isolation facilities;(8) persons designated by Federal, State or local authorities for medical, isolation,or quarantine purposes; and(9) persons necessary to provide other medical or emergency services.9

Not Covered by Declaration(1) Routine commercial deliveries(2) Mixed loads with a nominal quantity of qualifying emergency relief added toobtain the benefits of the emergency declaration(3) Drivers or motor carriers under an Out-of-Service Order(4) Specific Products Not CoveredPer FAQs: Pet food10

After Relief Load Direct assistance terminates when a driver or commercial motor vehicle is used ininterstate commerce to transport cargo or provide services that are not in supportof emergency relief efforts related to the COVID-19 outbreaks or when the motorcarrier dispatches a driver or commercial motor vehicle to another location tobegin operations in commerce [49 CFR §390.23(b)] Driver may travel back to terminal with empty load and be covered by declaration When driver moves from emergency relief to normal operations, a 10-hour breakis required when the total time a driver operated conducting emergency reliefefforts, or a combination of emergency relief and normal operations, equals 14hoursPer FAQs: Driver may proceed to the closest reasonable, safe location11

Compliance Still Required For(1) 49 CFR 392.2, operation of CMV in accordance with State laws and regulations(2) 49 CFR 392.3, operation while ill or fatigued(3) Controlled substances and alcohol use and testing requirements (Part 382) OST and FMCSA guidance provided(4) Commercial driver's license requirements (Part 383) Waivers grant some relief after March 1(5) Financial responsibility (insurance) requirements (Part 387)(6) Hazardous material regulations (Parts 100-180)(7) Applicable size and weight requirements (unless excepted by the states)(8) Any regulations not specifically exempted12

Other Conditions of the Declaration Motor carriers shall not require or allow fatigued drivers to operate a CMV. Adriver who informs a carrier that he/she needs immediate rest shall be given atleast 10 consecutive hours before driver is required to return to service. Motor carriers must report any recordable crash while operating under thedeclaration within 24 hours, by phone or in writing, to the Division Office wherecarrier is domiciled. Must include date, time, location, driver, vehicle identification,and brief description of crash. For carriers domiciled in Tennessee, you can submit: by e-mail to tennessee.division@dot.gov;by fax to 615-781-5780; orby phone call to 615-781-578113

FMCSA CDL Actionshttps://www.fmcsa.dot.gov/COVID-1914

Notice to SDLAs Regarding Actions During COVID-19The Agency issued a notice of enforcement discretion determination for SDLAs onMarch 20, 2020 in a Q & A format stating: FMCSA will not issue a finding or make a determination of substantial noncompliance under 49 CFR part 384 against States that: Extend CLP or CDL validity beyond the maximum period allowed under the Federalregulations due to the COVID-19 national emergency; or Do not change the medical certification status to “not certified” or downgrade a CDL or CLP fordrivers whose medical certificate has expired during the COVID-19 national emergency. States may renew CLPs/CDLs online.15

CDL / Medical Certificate Waiver Issued on March 24, 2020 Effective through June 30, 2020 Applies to SDLAs, interstate and intrastate CLP and CDL holders, and interstatenon-CDL drivers. Waives the 8-year maximum period of validity for CDLs and the 1-year maximumperiod of validity for CLPs due for renewal on or after March 1, 2020 (but onlythrough June 30th). Waives the mandatory 14-day waiting period for CLP holders to take the CDLskills test.16

CDL / Medical Certificate Waiver (Continued) For CDL/CLP holders and non-CDL drivers who have proof of a valid medicalcertification that was issued for a period of 90 days or longer and that expired onor after March 1, 2020: Medical certificates that expired on or after March 1, 2020 remain valid through June 30, 2020. SDLAs are not required to change the CDL or CLP medical certification status to “notcertified.” SDLAs are not required to initiate a CDL or CLP downgrade due to a medical certification ormedical variance that expired on or after March 1, 2020.17

CDL / Medical Certificate Waiver (Continued) FMCSA will continue to recognize the validity of CDLs and medical certificatesissued by Canada and Mexico if those jurisdictions issue a similar notice ordeclaration extending the date of validity. FMCSA will not issue a finding of noncompliance under part 384 against SDLAsfor actions consistent with the waiver. FMCSA issued an accompanying Notice of Enforcement Policy, as described onthe next slides.18

Notice of Enforcement Policy Issued on March 24, 2020 as a companion document to the CDL/MedicalCertificate waiver Effective through June 30, 2020 FMCSA will not take enforcement action against: CDL and non-CDL Drivers for operating a CMV with an expired license and/or medicalexaminer’s certificate if the driver held a valid license and/or medical examiner’s certificate onFebruary 29, 2020, or Motor carriers for using such drivers.19

Notice of Enforcement Policy (Continued) The Policy reiterated that FMCSA will continue to recognize the validity of CDLsand medical certificates issued by Canada and Mexico if those jurisdictions issuea similar notice or declaration extending the date of validity. CMV drivers are required to comply with other requirements under the FMCSRsand with other applicable laws.20

Commercial Learner’s Permit (CLP) Waiver Issued on March 28, 2020 Effective through June 30, 2020 Waives the requirement under 383.25(a)(1) that a CLP holder operating a CMV beaccompanied by a CDL holder seated in the front seat of the vehicle, provided thatthe CDL holder is elsewhere in the cab, and provided that the CLP holder: Passed the CDL skills test; Has a valid license and medical certificate, unless the March 24 waiver applies; Is not subject to an imminent hazard order, disqualification, or withdrawal;21

Commercial Learner’s Permit (CLP) Waiver (Continued) Is not prohibited from performing safety sensitive functions due to violation of drug/alcoholtesting requirements; and if Is not operating a CMV requiring the following endorsements: T (double/triple trailers); P(passenger), N (tank vehicle), H (hazardous materials), X (combination of tank vehicle andhazardous materials), and S (school bus). Waives the restriction under 49 CFR 383.79(a) that limits a State toadministering a CDL skills test to an out of state CDL applicant who has takendriver training in that State. Under the waiver, a State may administer a driving skills test to any out of state CDL applicant,regardless of where the applicant received driver training.22

Third Party CDL Skill Test Examiner Training Waiver Issued on April 9, 2020 Effective through June 30, 2020 Waiver allows States to utilize certified third party CDL skills test examiners toadminister the CDL knowledge test without first completing the requiredknowledge test examiner training course. Waiver applies to currently-certified third party CDL skills test examiners who havecompleted the required skills test examiners training course.23

Other 1924

Notice of Enforcement Discretion Effective March 20 and expires upon expiration of the Emergency Declaration FMCSA not enforcing the Temporary Operating Authority Registration feeprovisions against motor carriers requesting Temporary Operating AuthorityRegistration in order to provide direct assistance to the COVID-19 emergencyrelief efforts including passenger carriers requesting temporary authority to transport property25

OST Drug and Alcohol Testing Guidance – March 23 Make a reasonable effort to locate the necessary resources; employers shouldconsider mobile collection services for required testing. If unable to conduct DOT drug or alcohol training or testing due to COVID-19,document why a test was not completed. Regarding concern about potential public health risks, employers should reviewthe applicable requirements to determine whether flexibilities allow for testing at alater date. Employers must evaluate the circumstances of the employee’s refusal to test anddetermine whether or not the employee’s actions should be considered a refusalas per 49 CFR § 40.355(i). Employers should revisit back-up plans to include alternative collectors, collectionsites, Blood Alcohol Testing, Medical Review Officers, and Service Agents.26