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Transportation Updates and

Regulatory News (TURN)

A quarterly publication of the Agricultural Marketing Service

www.ams.usda.gov/rules-regulations/transportation/turn

June 2020

FMCSA Extends Waiver for CDL

Permit Renewal

Effective July 1, 2020, the Federal Motor Carrier 

Safety Administration (FMCSA) has extended, 

through September 30, its waiver to renew 

expired commercial driver’s licenses (CDLs), 

medical cards, and commercial learner’s 

permits (CLP). The waiver is in response to 

closures of state motor vehicle departments 

due to the COVID-19 pandemic. The extension 

grants CDL holders, CLP holders, and non-CDL 

drivers relief from the same motor carrier 

regulations as the initial March 24 waiver. Also, 

like the initial waiver, the extension does not 

allow CDL or CLP holders to extend their 

licenses if their license credentials or medical 

cards expired before March 1, 2020, or if their 

driver’s privileges have been suspended or 

withdrawn for traffic offenses. It also does not 

waive knowledge and skills testing 

requirements. FMCSA also reissued a 

separate Notice of Enforcement Policy,

affirming it will not take action against a driver 

for operating a commercial vehicle if the driver 

held a valid CDL on February 29, 2020, or 

against carriers employing those drivers.

FMCSA Extends HOS Exemption 

to July 14

On June 8, 2020, the Federal Motor Carrier 

Safety Administration (FMCSA) extended its 

national emergency exemption for hours of 

service (HOS) to July 14. However effective June 

15, 2020 the extension is limited to three 

categories of freight to support emergency 

response related to COVID-19—(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. 

The extension excludes grocery restocking, fuel 
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and precursor raw materials, and other 

categories FMCSA deems non-emergency. The 

exemption does not apply to routine 

commercial deliveries, “including mixed loads 

with a nominal quantity of qualifying 

emergency relief” that has been added solely to 

get the benefits of the exemption.

FMCSA Temporarily Waives PreEmployment Testing Requirements

On June 5, 2020, the Federal Motor Carrier 

Safety Administration FMCSA granted a 3-

month waiver for certain pre-employment 

testing conditions for recently furloughed 

drivers in light of the COVID-19 pandemic.

Current regulations mandate a driver to 

undergo pre-employment testing for controlled 

substances, and the employer must receive a 

verified negative controlled substances test 

result before the driver can perform safetysensitive functions. However, there is an 

exception for drivers who have participated in a 

controlled substances testing program within 

the last 30 days and were either tested for 

controlled substances within the past six 

months or participated in the random 

controlled substances testing program for the 

previous 12 months. The waiver extends this 

exception period from 30 days to 90 days. 

FMCSA reserves the right to revoke the waiver 

due to drivers’ involvement in accidents or 

employers’ failure to comply with the terms.

OOIDA Petitions DOT To Facilitate 

Greater Broker Transparency 

On May 19, 2020, the Owner-Operator 

Independent Drivers Association (OOIDA) 

petitioned the U.S. Department of 

Transportation (DOT) and DOT’s Federal Motor 

Carrier Safety Administration to initiate a 

rulemaking to improve broker transparency 

regulations. Noting transparency is required by 

49 CFR §371.3, the petition proposes the 

following measures: first, requiring brokers to 

provide automatically an electronic copy of 

each transaction record within 48 hours after 

completion of contractual service; second, 

explicitly prohibiting brokers from including any 

contract provision requiring a carrier to waive 

its access rights (as ensured by 49 CFR §371.3) 

to the transaction records; and finally, levying 

and enforcing a structured fine system for 

noncompliance and suspending or revoking the 

authority of unscrupulous brokers that show a 

pattern of noncompliance.

FMCSA Issues Final Rule on Changes to 

HOS Regulations 

On May 14, 2020, the Federal Motor Carrier 

Safety Administration (FMCSA) issued its final 

rule on changes to driver hours-of-service (HOS) 

regulations, effective September 29, 2020. The 

main revisions include the following: First, the 

rule gives more flexibility to the 30-minute 

break rule by requiring a break after 8 hours of 

consecutive driving. Also, “on-duty, not driving” 

status, rather than “off-duty” status may be 

used for breaks. Second, the rule modifies the 

sleeper-berth rule by allowing drivers to split 

their required 10 hours off duty (per 24 hours) 

into two periods. The split could be either 8/2 

or 7/3, with neither period counting against the 

driver’s 14-hour driving window. The maximum 

adverse driving conditions window is extended 

by 2 hours. Third, the rule increases short-haul 

drivers’ maximum on-duty period from 12 hours 

to 14 hours. Further, the rule extends the 

distance limit the short-haul driver may operate 

from 100 air miles (115.08 miles) to 150 air 

miles (172.6 miles). FMCSA expects the rule to 

produce $274 million in annualized cost savings 

for the U.S. economy.

FMCSA Adopts Crash Accountability 

Program

Effective May 1, 2020, the Federal Motor 

Carrier Safety Administration (FMCSA) has 

permanently installed a new pilot program, the 
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Crash Preventability Demonstration Program. 

The program allows crashes in certain eligible 

categories not to be counted in a motor 

carrier’s safety measurement profile if the 

carrier was not at fault. Carriers with eligible 

crashes that occurred on or after 

August 1, 2019, can submit a request for data 

review with the required documentation 

through the agency’s DataQs website. FMCSA is 

in the process of expanding the type of crashes 

that will be considered.

TSA Temporarily Extends Expired 

TWIC Cards 

The Transportation Security Administration 

(TSA) has granted an extension through July 31, 

2020 for Transportation Worker Identification 

Credentials (TWIC) cards that expired March 1. 

Effective April 10, the extension is intended to 

limit the spread of COVID-19 and ensure 

maritime facilities and vessels operate at full 

capacity. TWIC cards allow truck drivers and 

other transportation workers unescorted access 

to secured areas of maritime facilities and 

vessels. To receive a new card (valid for 5 

years), applicants must undergo security threat 

assessment and provide proof of identity and 

fingerprints at approved TSA enrollment sites.

FMC Published Interpretive Rule on 

Detention and Demurrage 

On April 28, 2020, the Federal Maritime 

Commission (FMC) published Docket No. 19-05, 

Interpretive Rule on Demurrage and Detention 

under the Shipping Act. The interpretive rule, 

effective May 18, 2020, provides guidance 

regarding what FMC “may consider in assessing 

whether a demurrage or detention practice is 

unjust or unreasonable.” The rule followed 

years of complaints that unfair detention and 

demurrage practices by ocean carriers and 

terminal operators unfairly penalized U.S. 

importers, exporters, transportation 

intermediaries, and drayage truckers for 

circumstances outside their control.

Agricultural Trade Organizations Call 

for Increased Truck Weight Limits and 

Harmonization

On March 30, 2020, 62 food and agricultural 

organizations sent a letter to governors and 

other State officials requesting States increase 

truck weight limits to a minimum of 88,000 

pounds on U.S. Highways and Federal Interstate 

Highways for the rest of fiscal year 2020. The 

request aims to optimize capacity of the U.S. 

food supply chain if fewer truck drivers are 

available because of COVID-19. Section 22003 

of the recently enacted stimulus bill clarifies the 

U.S. Department of Transportation’s authority 

to allow States to increase truck weight limits 

on U.S. interstate highways during the COVID19 emergency. The States already have the 

authority to raise truck weight limits on their 

State roads. The request also seeks to ensure 

minimum weights are “harmonized” across all 

States—i.e., all States adopt the same 

minimum—so drivers will have no impediments 

when crossing State lines.

DOT Announces $1 Billion in Funding 

for Surface Transportation 

Investments

On February 19, 2020, the Department of 

Transportation (DOT) announced $1 billion to 

be awarded for national infrastructure 

investments through its Better Utilizing 

Investments to Leverage Development (or 

“BUILD”) transportation grants program. The 

fiscal year 2020 funds are competitively 

awarded for surface transportation 

infrastructure projects that will have a 

significant local or regional impact. Eligible 
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projects include road and bridge, rail, port, and 

intermodal investment. Fifty percent of BUILD 

grant funding will go to rural projects that 

deliver positive benefits for rural communities, 

consistent with a DOT initiative to prioritize 

rural economic opportunity. Under the FY 2020 

Appropriations Act, awards must be made by 

DOT by September 15, 2020 and will be posted 

to the BUILD Grants website.

Extension of Compliance Date for Entry 

Level Driver Training

On January 29, 2020, the Federal Motor Carrier 

Safety Administration (FMCSA) announced its 

interim final rule on extending the compliance 

date of the Entry Level Driver Training Final Rule 

from February 7, 2020, to February 7, 2022. 

FMCSA proposed the extension on July 18, 

2019. Comments can be viewed at docket 

number FMCSA-2007-27748.

Preliminary Injunction on 

Enforcement of California Assembly 

Bill 5 on Truck Drivers

On January 16, 2020, a U.S. District Court Judge 

granted a preliminary injunction, which 

prevents the enforcement of Assembly Bill 5

(AB-5). AB-5 prohibits companies from using 

independent contractors unless their work is 

“outside the usual course of the hiring entity’s 

business.” Trucking is an important mode in the 

movement of agricultural products, especially in 

California. According to U.S. Department of 

Transportation data, California truckers hauled 

nearly 49 million tons of agricultural products 

(SCTG03, which includes soybeans, fruits, 

vegetables, nuts, and other agricultural 

products) and over 4 million tons of cereal grain 

(SCTG02, which includes corn, wheat, and other 

small grains) within the State in 2018. California 

also distributed almost 8 million tons of 

agricultural products and cereal grains to other 

States by truck in the same year.

EPA Administrator Wheeler Requests 

Comments on the Cleaner Trucks 

Initiative

On January 6, 2020, Environmental Protection

Agency (EPA) Administrator Andrew Wheeler 

requested input on the Cleaner Trucks Initiative 

(CTI), first announced November 13, 2018, to 

further decrease nitrogen oxide (NOx) 

emissions from on-highway heavy-duty trucks 

and engines. EPA seeks to improve engine 

certification procedures as well. Comments on 

the Advanced Notice of Proposed Rulemaking

can be viewed at docket number EPA-HQ-OAR2019-0055.

FMCSA Raises Random-Testing Rate 

for Controlled Substances to 50 

Percent of Drivers in 2020

On December 27, 2019, the Federal Motor 

Carrier Safety Administration (FMCSA)

announced the increase of the minimum annual 

percentage rate for random testing of 

controlled substances for drivers of commercial 

motor vehicles. Effective for calendar year 

2020, the rate increased from 25 percent of the 

average number of driver positions to 50 

percent. The FMCSA Administrator must 

increase the random-testing rate whenever the 

data for the previous calendar year show that 

1.0 percent or more of drivers tested had 

positive test results.

DOT Requests Information for the 

National Freight Strategic Plan

On December 27, 2019, the U.S. Department of 

Transportation (DOT) requested answers to 10

questions to aid in the development of the 

National Freight Strategic Plan (NFSP). The plan 

includes 11 components to address multimodal 

freight transportation. 
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Answers to the questions can be viewed at 

docket number DOT-OST-2019-0184. The draft 

NFSP and comments can be viewed at docket 

number DOT-OST-2015-0248.

DOT Requests Feedback on Rural 

Transportation Needs and 

Opportunities

On December 19, 2019, the U.S. Department of 

Transportation (DOT) announced a request for 

information (RFI) from the public and 

stakeholders regarding the safety, condition, 

and use of rural infrastructure, as well as 

stakeholders’ experiences using DOT 

discretionary grant and finance programs. The 

RFI is part of the Rural Opportunities to Use 

Transportation for Economic Success Initiative 

(ROUTES), and the public feedback will be 

reviewed and used by the ROUTES Council to 

aid evaluation of rural projects and improve 

funding options. Comments can be viewed at 

docket number DOT-OST-2019-0167.

DOT Extends the Date for States To 

Check a Driver’s Record in the Drug 

and Alcohol Clearinghouse

On December 13, 2019, the Federal Motor 

Carrier Safety Administration (FMCSA)

announced a delay in States' requirements to 

check a driver’s record for violations in the 

Commercial Driver's License Drug and Alcohol 

Clearinghouse, moving the deadline from 

January 6, 2020, to January 6, 2023. FMCSA will 

use the additional time to issue a rulemaking to 

address the concerns of the American 

Association of Motor Vehicle Administrators. 

States may voluntarily use the Clearinghouse 

prior to issuing, renewing, upgrading, or 

transferring a CDL. Comments can be viewed at 

docket number FMCSA-2019-0120.

DOT Requests Input for the NonTraditional and Emerging 

Transportation Technology Council

On November 26, 2019, the U.S. Department of 

Transportation (DOT) requested comments on 

“projects, issues, or topics” that the agency

should consider through its Non-Traditional and 

Emerging Transportation Technology (NETT) 

Council, including “regulatory models and other 

alternative approaches for non-traditional and 

emerging transportation technologies.” The 

NETT Council, established in April 2019, is 

tasked with identifying and resolving

“jurisdictional and regulatory gaps associated 

with non-traditional and emerging 

transportation projects pending before DOT, 

including with respect to safety oversight, 

environmental review, and funding issues.” 

Comments can be viewed at docket 

number DOT-OST-2019-0165.

Definition of “Agricultural Commodity” 

Is Under Long-Term Development by 

FMCSA

On November 20, 2019, the Federal Motor 

Carrier Safety Administration (FMCSA)

announced that it did not expect to be able 

redefine within 12 months the term 

“agricultural commodity.” Currently listed as a 

“long-term action,” the redefinition process 

would clarify an exemption to hours of service 

(HOS) of drivers who transport agricultural 

commodities. Currently, during harvesting and 

planting seasons as determined by each State, 

drivers transporting agricultural commodities, 

including livestock, are exempt from the HOS 

requirements from the origin of the 

commodities to a destination within a 150-airmile radius from the origin.
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However, FMCSA has received indications that 

these terms may be misunderstood or 

inconsistently enforced when determining 

whether the HOS exemption applies. Comments 

on the proposed rulemaking ended on 

September 27 and can be viewed at docket 

number FMCSA-2018-0348.

Photo credits: 

Truck: Burt Barnes

All other photos: USDA

USDA is an equal opportunity provider, 

employer, and lender.