CDL Enforcement and Adjudication Post-COVID-19.

• Author: Lavalas, Romana A.
• Position: Commercial driver's license

On March 11, 2020, the World Health Organization (WHO) classified the COVID-19 (Coronavirus) outbreak as a global pandemic. As part of the Federal Government's response to the Coronavirus pandemic, on March 13, 2020, the President of the United States declared a nationwide emergency under the Stafford Act. In addition, the White House Coronavirus Task Force developed and issued a document entitled, "30 Days to Slow the Spread," identifying those in the Transportation sector, including the commercial motor vehicle (CMV) industry, as "critical," directing these workers to maintain their normal work schedules.

The transportation industry, and others related to it (shipping, manufacturing, etc.), has always been the backbone of the American economy. According to research conducted by the American Trucking Association (ATA), "[o]ur economy depends on trucks to deliver ten billion tons of virtually every commodity consumed--over 80 percent of all freight transported annually in the U.S." (1) Although the Federal Government immediately identified trucking and truckers to be essential to the safe and efficient transportation of goods throughout the country, American consumers quickly realized just how essential the trucking industry and truck drivers truly are, as they eagerly wait for weekly commercial deliveries of toilet paper, hand sanitizer, anti-bacterial wipes and sprays. The food supply chain, the healthcare and retail sectors, are just a few of the industries that would be crippled by the halt of truck traffic. (2)

The Federal Motor Carrier Safety Administration (FMCSA) is the federal agency responsible for promulgating rules and issuing regulatory guidance for the trucking industry, as well as setting the minimum standards required to obtain commercial driver's licenses that are issued by the states. To facilitate the delivery of essential supplies and equipment by commercial vehicles, and the drivers who operate them, FMCSA responded by issuing its own Emergency Declaration on March 13, 2020, as well as notices of relaxed enforcement policies that pertain to this group of drivers, many of whom are Commercial Driver's License (CDL) holders.

Since the issuance of FMCSA's first Emergency Declaration, FMCSA has extended this declaration and expanded guidance for the states. For a list of FMCSA's and state specific Emergency Declarations, Waivers, Exemptions and Permits affecting CDL holders and the trucking industry, click here...