DOT/FMCSA Noteworthy Updates

Allen C. Smith, Austin R. Walsh

On 2/7/22, the FMCSA’s Training Provider Registry went live. The Registry maintains a list of registered training providers and a record of all individuals who have completed entry-level driver training. State agencies will have access to the Registry to verify that commercial driver’s license (CDL) applicants have completed the required training. Drivers who held a commercial learners permits (CLP) before 2/7/22 are not subject to the new Entry Level Driver Training (ELDT) requirements if they obtain a CDL before the CLP expires. Individuals seeking to obtain entry-level training can search for approved trainers at: https://tpr.fmcsa.dot.gov/. Entities who provide entry level training can learn more about becoming certified at: https://tpr.fmcsa.dot.gov/provider.

On 1/25/22, the Occupational Safety and Health Administration formally withdrew its emergency temporary standard requiring large companies to mandate COVID-19 vaccinations. However, on 1/22/22,
the Department of Homeland Security’s rule took effect mandating non-US Citizens crossing land ports of
entry be “fully vaccinated” from COVID-19. Canada’s reciprocal rule necessitates that any driver crossing
the U.S.’s northern border must be vaccinated. These mandates have been the subject of large-scale protests in Canada, with Canadian Prime Minister Trudeau invoking the Emergencies Act on 2/15/22 to forcefully remove commercial motor vehicles and drivers from the Ambassador Bridge in Windsor, ON, Canada.

On 1/19/22, Transportation Secretary Pete Buttigieg announced that Robin Hutcheson has been
appointed Deputy Administrator of the FMCSA and will serve as the acting administrator. Ms. Hutcheson
most recently served at the Department of Transportation (DOT) coordinating the DOT’s COVID-19
response and was previously director of public works for the City of Minneapolis.

On 1/7/22, the FMCSA issued a Regional Emergency Declaration related to winter storms in 29 states,
including North Carolina, and the District of Columbia. The Emergency Declaration granted exemption
from hours of service regulations to carriers and drivers providing direct assistance and support to
emergency relief efforts or that were engaged in the transportation of heating fuels. Carriers or drivers
subject to existing out-of-service orders at the time of the Emergency Declaration were not exempt. When a driver completed the direct assistance and was moving to normal operations, a 10-hour break is
required when the total time engaged in direct assistance to emergency relief efforts equaled 14
hours. The exemption expired no later than 2/26/22.