How COVID-19 is Impacting Transportation Regulations and Compliance
Exemption for Transportation Worker Identification Cards
On April 14, 2020, the Transportation Security Administration granted a temporary exemption for the expiration of Transportation Worker Identification Credentials (TWIC) through July 31 for cards that expired after March 1. The temporary exemption is intended to minimize the spread of COVID-19 during the nationwide emergency. The exemption became effective April 10.
TSA regulations require truck drivers and other transportation workers who seek unescorted access to secured areas of maritime facilities and vessels to undergo a security threat assessment conducted by the agency to receive a TWIC. A TWIC expires five years from the date of issuance, and individuals must go to a TSA enrollment center to initiate a new security threat assessment to receive a new credential. TWIC applicants also are required to provide proof of identity and fingerprints at approved enrollment sites, designated and operated by TSA trusted agents.
TSA Exemption
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. If the state grants an extension, the individual with an expired HME must initiate the process of renewing his or her STA for an HME no later than 60 days before the end of the state-granted extension. TSA may extend this exemption at a future date depending on the status of the COVID-19 crisis.
Commercial Driver’s License skills tests can now be administered by third parties
The FMCSA issued a waiver on April 9, 2020to help reduce one of the challenges associated with the State Driver Licensing Agencies (SDLA) closures and the ability to administer the knowledge tests to Commercial Learner’s Permit (CLP) applicants. The waiver allows third-party Commercial Driver’s License (CDL) skill test examiners the ability to administer the CDL knowledge test, so long as the examiner has maintained their CDL test examiner certification and have previously completed a CDL skills test examiner training course. The FMCSA is continuing the engagement at the state level to encourage states to, at a minimum, open SDLA offices so that they can process CLP and CDL applicants.
CVSA International Roadcheck and State Declarations
An announcement by the Commercial Vehicle Safety Alliance (CVSA) on the postponement of its annual International Roadcheck and a handy resource from the American Trucking Association (ATA) to help carriers track state declarations. Each year, CVSA conducts multiple enforcement initiatives targeting commercial drivers and equipment. The first of these initiatives, International Roadcheck, that was scheduled for May 5-7, 2020 has been postponed due to the need of efficient freight movement during the current COVID-19 outbreak.
Secondly, as safety professionals, COVID-19 has thrust you into a position where you are expected to know not only what is going on in the federally regulated world, but now also with individual state declarations. In these times, having resources to guide you through these ever-changing times can be useful. In addition to Lytx being a resource, the ATA has gone through the painstaking task of putting together a state-by-state declaration list to better support you and organization.
View: ATA’s helpful list of updated declarations
by Gary Johnson, Director of Risk and Compliance, Lytx
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