Industry updates and Florida-specific information
Florida Trucking Association's FAQs about Trucking and the Coronavirus
Florida Trucking Association's FAQs regarding CDLs, CLPs and HAZMAT endorsements
Copy of presentation on Paid Sick and Family Medical Leave with Michael Spellman of employment law firm Sniffen and Spellman, regarding the impact of the new federal law mandating paid sick leave. (From FTA's webinar March 26.)
TSA has approved an extension of the HME Exemption that allowed states to issue an extension of up to 180 days for HMEs expiring between March 1, 2020 – July 31, 2020. The 90-day extension makes the new exemption period for HMEs that would otherwise expire between March 1, 2020 – October 29, 2020.
FMCSA has extended the modified exemptions. This notice extends the exemption through August 14, 2020, subject to the restrictions and limitations set forth in this Extension.
GUIDANCE ON SPECIAL PERMITS EXPIRATION 1. Does the Coronavirus Aid, Relief, and Economic Security (CARES) Act supersede the 120-day limitation for the duration of special permits issued under 23 U.S.C. 127(i)? A. No, the CARES Act merely clarifies that, through September 30, 2020, special permits can be issued under 23 U.S.C. https://www.fhwa.dot.gov/coronavirus/process_GuideSP.cfm
The Department of Transportation (DOT), Pipeline and Hazardous Materials Safety Administration (PHMSA), Hazardous Materials (Hazmat) Registration Program has experienced processing delays with registrations that have been rejected due to filing errors.
The Federal Motor Carrier Safety Administration (FMCSA) has issued a Waiver in Response to the COVID-19 National Emergency for States, CDL Holders, CLP Holders, and Interstate Drivers Operating Commercial Motor Vehicles. The waiver is granted from July 1, 2020, through September 30, 2020. www.fincsa.dot.gov/COVID-19
FMCSA Extension on exemptions
Please note: The extension of Emergency Declaration No. 2020-002 provides regulatory relief for commercial motor vehicle operations providing direct assistance in support of emergency relief efforts related to COVID-19 and is limited to transportation of (1) livestock and livestock feed; (2) medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19; and (3) 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. Direct assistance does not include routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of this emergency declaration. FMCSA has concluded that there is no longer a need for emergency relief with respect to the other categories of supplies, equipment, and persons covered by the May 13 extension and expansion of Emergency Declaration No. 2020-002, and those categories are therefore no longer covered.
Below is a COVID-19 waiver, which grants a three-month waiver from certain pre-employment testing requirements applicable to employers of commercial motor vehicle drivers. CMV drivers outside a random drug testing pool for more than 30 days ordinarily must repeat pre-employment drug testing when they come back to work. This waiver extends that period from 30 days to 90 day. Employers will still be required to query FMCSA’s Drug & Alcohol Clearinghouse for returning drivers, which will enable them to identify drivers who are ineligible to perform safety-sensitive functions.
June 5: The I-10 Eastbound checkpoint coming into Florida from Alabama is being dismantled. The weigh station is expected to reopen sometime today or during the weekend.
May 13: Extension on USDOT/FMCSA extension on exemptions
On Friday May 1st, PHMSA published some COVID-19 FAQ’s on their website related to the previous guidance they have issued in regards to the COVID Pandemic.
HSMV Emergency Order, executed on April 30, 2020, in support of Executive Order 20-52.
PHMSA has issued two separate enforcement discretion notices today, both of which are posted on the COVID-19 information section of their website found here:
TSA published a FR Notice extending the expiration date on the face of the TWIC for 180 days.
DHSMV guidance on CDLs, med cards, HAZMAT endorsements
DHSMV Emergency Order
This order supersedes the previous DHSMV Emergency Orders executed on March 14 and 15, 2020. DHSMV COVID-19 Emergency Order 041320 shall expire on the expiration (60 days from March 9, 2020 unless extended) or rescission of Executive Order 20-52, except to the extent specific dates that are provided in Emergency Order 041320 shall expire at 11:59 PM on said date.
FMCSA's Expanded Frequently Asked Questions for State Driver Licensing Agencies and Commercial Drivers Regarding Permissible Actions During the COVID-19 Emergency (April 13, 2020)
Extensions to FDOT emergency permits. Please note: Emergency Road Use Permit Letter must be used in conjunction with the referenced maps for overweight vehicles only. All files will be available at the following website: www.fdot.gov/maintenance/owodpermits.shtm
Waiver for States Concerning Third Party CDL Skills Test Examiners in Response to the COVID-19 Emergency (April 9, 2020)
Under this waiver, the State is not required to provide third party CDL skills test examiners with formal in person or online training in administering the CDL knowledge tests. However, the State must provide these examiners with access to written training/instructional materials for the knowledge test training referenced in 49 CFR 384.228(c)(3) regarding the general and specialized knowledge tests, administration of the knowledge test, and the selection of the appropriate tests and test forms. States may provide these materials electronically or through other means. The waiver does not apply to third party CDL test examiners who have not maintained their CDL test examiner certification or third party CDL test examiners who had not completed a CDL skills test examiners training course that meets the requirements of 49 CFR 384.228(d) prior to the date of this waiver.
Exemption from Renewal of the Hazardous Materials Endorsement Security Threat Assessment for Certain Individuals Published
TSA is granting a temporary exemption from requirements in 49 CFR part 1572 regarding expiration of TSA security threat assessments (STAs) for Hazardous Material Endorsement (HME) holders. For the duration of this exemption, a State may grant an extension of up to 180 days for an HME that expired or would otherwise expire between March 1, 2020 and the end date of this exemption, even if the individual was unable to initiate or complete the required STA before the expiration date. The Federal Register Notice is found at: https://www.govinfo.gov/content/pkg/FR-2020-04-08/pdf/2020-07340.pdf
PHMSA Notice of Enforcement Policy Relating to Requalification of Cylinders
Updated FAQs from FMCSA re: roadside inspections, etc.
FMCSA extends and expands emergency declaration to include liquified gases to be used in refrigeration or cooling systems.
Guidance from ATA on Paycheck Protection Program SBA & Treasury: PPP FAQs as of April 7
EXECUTIVE ORDER NUMBER 20-95 Regarding CARES Act/SBA Loans
DEP Emergency Final Order 20-0239 https://floridadep.gov/ogc/ogc/documents/20-0239
Florida’s Department of Health COVID-19 Web Site
Occupational Safety and Health Administration (OSHA) Workplace Safety https://www.osha.gov/
To better assist motor carriers, FMCSA has set up a new phone line for support with the FMCSA Portal. If you are experiencing issues creating or accessing their Portal accounts, please refer them to the phone number below. The Portal Registration Call Center’s hours of operation are Monday thru Friday, 8:00 am-8:00 pm, EDT. We are continuing to work on streamlining support for this effort.
FMCSA Portal Registration Call Center
If stakeholders have questions about using the Drug and Alcohol Clearinghouse, you can direct them to the Clearinghouse Help line.
Clearinghouse Help Line
Carriers can also use the Clearinghouse Help form in the Contact Us page.
The Paycheck Protection Program prioritizes millions of Americans employed by small businesses by authorizing up to $349 billion toward job retention and certain other expenses.
Small businesses and eligible nonprofit organizations, Veterans organizations, and Tribal businesses described in the Small Business Act, as well as individuals who are self-employed or are independent contractors, are eligible if they also meet program size standards.
Governor Ron DeSantis has issued a 30-day "safer-at-home" executive order. Please, note, this does NOT include essential services. The Office of the Governor and Department of Emergency Services are following the Department of Homeland Security's Cybersecurity and Infrastructure Security Agency's (CISA) Essential Critical Infrastructure Workforce Guidance. You can find that HERE.
Commercial Learners Permit Waiver
FMCSA issued a three month waiver in response to the COVID-19 Emergency - for States and Commercial Learners Permit (CLP) holders operating commercial motor vehicles. The waiver allows a commercial learner permit driver to operate a commercial motor vehicle alone without having a commercial driver license (CDL) holder in the front seat with the learner permit holder. The benefit of this waiver will allow CLP drivers to continue their training, due to the closures of state departments of motor vehicle facilities.
FDOT will be setting up a second checkpoint on I-95 at the FL/GA line tomorrow, March 29th, beginning at 10:00am EST. Commercial traffic will be guided through in the left lane to bypass the weigh station.
FDOT has set up a checkpoint at the I-10 3.3 mile marker (EB) from Alabama at the weigh station. Trucks should drive in the left lane and bypass the weigh station. All other vehicles will be directed to the right lane and go through the weigh station checkpoint to be cleared. Executive Order 20-86
Clarification/Enforcement bulletin from FDOT
Updated FAQ from FMCSA
Draft poster from the Department of Labor which will be required for employers to distribute to their employees, which outlines the requirements of the new family medical leave act and sick leave provisions.
FMCSA has reorganized their online listings of COVID19 declarations and actions. This includes a new FAQ, etc.
U.S. Senate passes "Phase Three" emergency legislation with important relief for employers and small business
• Just before midnight on 3/25/20, the Senate unanimously passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act by a vote of 96-0. The bill would provide critical assistance to small- and midsize motor carriers needed to maintain payrolls, the economy’s supply lines and the movement of essential goods that all Americans rely on:
Provides nearly $350 billion in federally guaranteed loans via the Paycheck Protection Program to provide eight weeks of cash-flow assistance to small businesses who maintain their payroll during this emergency. If employers maintain their payroll, the loans would be forgiven, which would help workers to remain employed and affected small businesses and our economy to quickly snap-back after the crisis.
Allows the Paycheck Protection Program to cover payroll costs, paid sick leave, supply chain disruptions, employee salaries, health insurance premiums, mortgage payments, and other debt obligations to provide immediate access to capital for small businesses who have been impacted by the coronavirus.
Provides $17 billion in small business debt relief by requiring the Small Business Administration to pay all principal, interest, and fees on all existing SBA loan products for six months to provide relief to small businesses negatively affected by the coronavirus.
Provides $10 billion for expanded eligibility for SBA Economic Injury Disaster Loans, including emergency grants, an advance of $10,000 within three days to maintain payroll, provide paid sick leave, and to service other debt obligations.
Is it a cold, allergies, the flu or COVID-19? Here's a comparison chart.
FTA is hosting a webinar on Paid Sick and Family Medical Leave with Michael Spellman of employment law firm Sniffen and Spellman, regarding the impact of the new federal law mandating paid sick leave.
McDonald's update for drivers who cannot drive-thru for food:
PHSMA Training exception from USDOT
FDOT has announced the closure of Florida Turnpike restaurants. Restrooms, fuel and convenience stores will remain open.
FAQs from FMCSA regarding the updated emergency declaration
Update from FDOT regarding electronic tolling on the Turnpike
Valuable information on Family and Medical Leave via Sniffen and Spellman, P.A.
FMCSA Updated Emergency Declaration: This declaration is more broad and has clarifying language.
At the direction of Governor Ron DeSantis, Florida Department of Highway Safety and Motor Vehicles (FLHSMV) Executive Director Terry L. Rhodes has issued an Emergency Order extending all Florida driver licenses and identification cards that will expire in the next 30 days. All Florida driver licenses, commercial driver licenses and identification cards set to expire in the next 30 days will be granted a 30-day extension beyond their current expiration date.
The Executive Order, accessible here, authorizes the following:
Extends the effective period of all driver licenses and identification cards that will expire between March 16, 2020, and April 15, 2020, for 30 days.
Waives the delinquent renewal fees during the extension period for these driver licenses and identification cards.
FLHSMV Emergency Order
Please note: the overweight/oversize waivers issued by FDOT include fuel.
USDOT Emergency Declaration
This Emergency Declaration provides regulatory relief for commercial motor vehicle operations that are providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks, including transportation to meet immediate needs for: (1) medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19; (2) 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; (3) food for emergency restocking of stores; (4) equipment, supplies and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to COVID-19; (5) persons designated by Federal, State or local authorities for medical, isolation, or quarantine purposes; and (6) 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.
March 13, 2020 10:09pm
FDOT has issued an Emergency Road Use Permit Letter pursuant to Executive Order 20-52. The below Permit Letter must be used in conjunction with the referenced maps for overweight vehicles only. All files will be available at the following website:
Currently, American Trucking Associations is monitoring the situation regarding COVID-19. With concerns about the widespread growth of workplace exposure to acute respiratory illnesses, including the COVID-19, employers should prepare to implement strategies to protect their workforce while continuing operations.
ATA recommends the following strategies for employers:
Monitor the Centers for Disease Control and Prevention (CDC) links for the most up to date information;
Update & Review Company Policies and Procedures;
Partner with State and Local officials;
Perform routine environmental cleaning;
Actively encourage sick employees to stay home; and
Instruct employees on respiratory etiquette and hand hygiene.