Pursuant to the Proclamation of Disaster Emergency issued by the Governor on March 6, 2020, as extended, regarding the existence of a disaster emergency throughout the Commonwealth, and pursuant to the March 13, 2020 determination by the President of the United States that an emergency exists nationwide under the Stafford Act, the Public Health Service Act and the National Emergencies Act, regarding the novel coronavirus (known as "COVID-19"), the Governor issued an Third Amended Specific Determination May 12, 2020, determining that to alleviate the emergency conditions it is necessary to modify compliance with certain provisions of Title 75, pursuant to 75 Pa. C.S. §6108. The waivers in this exemption apply to certain motor carriers engaged in operations necessary to respond to the disaster emergency declared by the Governor. The Pennsylvania Department of Transportation hereby issues the following exemption:
TYPE OF OPERATION: Commercial motor vehicle operations providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks, including transportation to meet immediate needs for: (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 the above referenced goods and materials to obtain the benefits of this Exemption.
EXTENT OF EXEMPTION: Requirement to comply with weight limitations and permitting for certain motor carriers on all roadways and bridges except for bridge restrictions noted in the special conditions below.
EFFECTIVE DATE: April 3, 2020 1159 hours.
TERMINATION DATE: August 14, 2020 2359 hours.
1. The vehicle weight and permitting requirements of 67 Pa. Code, Chapter 179 (relating to Oversize and Overweight Loads and Vehicles) are hereby waived for motor carriers utilizing combination vehicles with divisible load limits equal to or less than 90,000 pounds that are providing direct assistance in transporting goods and materials necessary to respond to the COVID-19 virus disaster emergency.
2. This Exemption does not apply to any bridge or roadway with a size or weight restriction posted in accordance with 67 Pa. Code, Chapters 189 (relating to Hauling in Excess of Posted Weight Limit), 191 (relating to Authorization to Use Bridges Posted Due to Condition of Bridge), and 193 (relating to Authorization to Use Highways Posted Due to Traffic Conditions).
3. Structures spanning the Delaware River between the states of Pennsylvania and New Jersey under the jurisdiction of the Delaware River Port Authority or the Delaware River Joint Toll Bridge Commission are not within the scope of this waiver; the terms and requirements for the crossing of those structures are as established by the respective authorities. Contact information for the Delaware River Joint Toll Bridge Commission is 1-800-363-0049 and Delaware River Port Authority is 1-877-567-3772.
4. Structures spanning the Delaware River between the states of Pennsylvania and New Jersey under the jurisdiction of the Burlington County Bridge Commission are not within the scope of this waiver; the terms and requirements for the crossing of those structures are as established by the respective authority. Contact information for the Burlington County Bridge Commission is 1-856-829-1900.
5. Drivers must comply with the Federal Motor Carrier Safety Administration’s March 24, 2020, Expanded Emergency Declaration Under 49 CFR § 390.23, No. 2020-002, and all amendments to that Declaration, or any further Exemption or Order issue by the Governor or the Secretary as allowed by law.
6. Nothing in this Exemption relieves compliance with all other applicable laws or regulations, unless otherwise waived or exempted by the governmental entity with jurisdiction to effect such an exemption or waiver.
DATE: July 14, 2020
The Federal Motor Carrier Safety Administration (FMCSA) hereby declares that the continuing national emergency warrants the extension of Emergency Declaration No. 2020-002. This extension continues the exemption granted from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSRs) for the fifty States and the District of Columbia as set forth below. This notice extends the exemption through August 14, 2020, subject to the restrictions and limitations set forth in this Extension.
Emergency Declaration No. 2020-002 was issued following the declaration of a national emergency by the President pursuant to 42 U.S.C. § 5191(b) in response to the Coronavirus Disease 2019 (COVID-19), the public health emergency declared by the Health and Human Services Secretary, and the immediate risk COVID-19 presents to public health and welfare. Emergency Declaration No. 2020-002 was previously set to expire on July 14, 2020. FMCSA is continuing the exemption because the presidentially declared emergency remains in place, and because a continued exemption is needed to support direct emergency assistance for some supply chains. FMCSA is extending the modified expanded Emergency Declaration No. 2020-002 and associated regulatory relief in accordance with 49 CFR § 390.25. This extension addresses national emergency conditions that create a need for immediate transportation of essential supplies, and provides necessary relief from the FMCSRs for motor carriers and drivers.
By execution of this extension of Emergency Declaration No. 2020-002, motor carriers and drivers providing direct assistance in support of relief efforts related to the COVID-19 public health emergency are granted emergency relief from Parts 390 through 399 of the FMCSRs, except as restricted herein. Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as medical care) or essential supplies related to COVID-19 during the emergency.
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.1 In its modification of Emergency Declaration No. 2020-002 effective June 15, 2020, FMCSA concluded that there was 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 modified the Emergency Declaration to remove those categories. This extension continues the relief granted in Emergency Declaration 2020-002 as modified on June 15, 2020.
Emergency Declaration Restrictions & Limitations
By execution of this extension of the modified expanded Emergency Declaration No. 2020-002, motor carriers and drivers providing direct assistance to the national emergency are not granted emergency relief from, and must continue to comply with, the following Federal Motor Carrier Safety Regulations and conditions:
In accordance with 49 CFR § 390.25, this extension of Emergency Declaration No. 2020-002 is effective at 12:00 A.M. (ET), July 15, 2020 and shall remain in effect until 11:59 P.M. (ET), August 14, 2020, or until the revocation of the Presidentially declared COVID-19 national emergency, whichever is sooner.
State College, PA – The Pennsylvania Department of Transportation (PennDOT) is issuing a mid-July update for its Route 322/Potters Mills Gap project in southeast Centre County. Up-to-date information can also be found on the PMG Project page at www.penndot.gov/pottersmillsgap.
Work on this project will be done in accordance with Centers for Disease Control and state Department of Health guidance as well as a project-specific COVID-19 safety plan, which will include protocols for social distancing, use of face coverings, personal and job site cleaning protocols, management of entries to the job site, and relevant training.
On Thursday, July 16, drivers can expect the following:
This is the third and final phase of a construction project dating back to 2015. Phase One of the project constructed the new bridge at Sand Mountain Road. Phase Two created the new local interchange on Route 322 at Sand Mountain Road. The goal of Phase Three is to reconstruct Route 322 from Sand Mountain Road to Potters Mills – including a new Route 322/Route 144 intersection. The completed project will alleviate congestion and allow traffic to move more safely and efficiently from the Centre/Mifflin County line to Potters Mills.
Glenn O. Hawbaker, Inc. of State College is the contractor on this $82 million project.
Motorists can check conditions on major roadways by visiting www.511PA.com. 511PA, which is free and available 24 hours a day, provides traffic delay warnings, weather forecasts, traffic speed information and access to more than 1,000 traffic cameras.
511PA is also available through a smartphone application for iPhone and Android devices, by calling 5-1-1, or by following regional Twitter alerts accessible on the 511PA website.
Subscribe to PennDOT news in Cameron, Centre, Clearfield, Clinton, Elk, Juniata, McKean, Mifflin, and Potter counties at www.penndot.gov/District2.
For regional updates on Twitter, follow www.twitter.com/511PAStateCOLL
This Notice pertains to employers’ noncompliance, during calendar year 2020, with the random testing requirements described in the attached notice. The Agency may exercise enforcement discretion in connection with motor carrier investigations occurring in calendar year 2021.
In some regions of the United States, motor carrier employers subject to controlled substance (drug) and alcohol testing under 49 CFR part 382 may be unable to comply with certain testing requirements due to the ongoing impacts of the emergency.
In recognition of these barriers to full compliance in some locations, the Agency may exercise discretion to determine not to enforce the minimum annual percentage random testing rates for drugs and alcohol, and the requirement that each employer ensure that the dates for administering random drug and alcohol tests are spread reasonably throughout the calendar year, as set forth in 49 CFR 382.305(b)(1) and (2) and 49 CFR 382.305(k), respectively. FMCSA emphasizes, however, that employers capable of meeting these requirements must continue to do so.
Notice of Enforcement Discretion Determination: Random Controlled Substance and Alcohol Testing
Beginning June 30, eligible businesses may begin applying for the COVID-19 Relief Statewide Small Business Assistance program here. The first application window will remain open for ten days. Applications will continue to be accepted after 10 business days but will be considered for future rounds of funding, as this is not a first-come, first-served program. Applications will be prioritized and selected for funding based on the program criteria.
The Weight Restriction Exemption issued by PennDOT has been amended to be consistent with the FMCSA waiver:
TERMINATION DATE: July 14, 2020
Full Document available here.
Harrisburg, PA – The Pennsylvania Department of Transportation (PennDOT) announced today that expiration dates for driver licenses, identification cards, and learner's permits, will be extended for Pennsylvania residents in response to statewide COVID-19 mitigation efforts.
Effective June 23, 2020, expiration dates for driver licenses, photo ID cards and learner's permits scheduled to expire from March 16, 2020 through July 31, 2020, have been extended until July 31, 2020. These extensions are in addition to those announced on May 27, 2020.
A camera card is considered a driver's license, so it is covered by the same terms and conditions extending other driver's license products. Camera cards with expiration dates within this timeframe are also extended through July 31, 2020.
The following products were previously extended until June 30,2020, and will not be extended:
Customers may continue to complete various transactions and access multiple resources online at www.dmv.pa.gov. Driver and vehicle online services are available 24 hours a day, seven days a week and include driver's license, photo ID and vehicle registration renewals; driver-history services; changes of address; driver license and vehicle registration restoration letters; ability to pay driver license or vehicle insurance restoration fee; and driver license and photo ID duplicates; and driver exam scheduling. There are no additional fees for using online services.
PennDOT will continue to evaluate these processes and will communicate any changes with the public.
More COVID-19 information is available at www.health.pa.gov. For more information, visit www.dmv.pa.gov or www.PennDOT.gov.
From the PennDOT website:
The Federal Motor Carrier Safety Administration (FMCSA) has issued multiple waivers and guidance relating to MECs until September 30, 2020:
In addition, PennDOT has temporarily stopped processes to downgrade CDL drivers who are unable to provide their updated MECs as indicated in the FMCSA waiver and guidance; however, If drivers do obtain an updated, valid MEC, the Bureau of Driver Licensing is still able to process the MEC and add the information to the driver record. To ensure timely processing, MECs can be submitted by email at CDLmedscert@pa.gov or by fax at 717-783-5429.
FMCSA has issued a new 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.
Consistent with the statutory requirements for waivers, FMCSA has determined that it is in the public interest to issue a waiver, until September 30, 2020, limited in scope and circumstances, that is likely to achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained in the absence of the waiver.
To respond to this unique event, and to continue the ability of intrastate and interstate CDL and CLP holders to transport goods and people, this waiver:
FMCSA has issued two documents (Waiver and Notice of Enforcement Discretion) to address expiring CDLs/non-CDL commercial driver licenses and Medical Cards; namely, those otherwise set to expire on or after March 1st, 2020, are extended until September 30, 2020.
Please see below for descriptions and links to FMCSA’s website. The documents are also attached for easy reference.
Waiver in Response to the COVID-19 National Emergency – For States, CDL Holders, CLP Holders, and Interstate Drivers Operating Commercial Motor Vehicles
This waiver is effective from July 1, 2020 to September 30, 2020 and provides important relief resulting from situations where many CDL and CLP holders are unable to renew their CDLs and CLPs, and/or are unable to provide medical certificates to their State Driver Licensing Agencies. In addition, many medical providers nationwide have not provided for the scheduling of appointments in light of the COVID-19 pandemic. As a result, drivers remain unable to obtain appointments for physical examinations with medical examiners.
Notice of Enforcement Policy Regarding Expiring Driver’s Licenses and Medical Examiner’s Certificates During COVID-19 National Emergency
This Notice of Enforcement Policy, effective from July 1, 2020 to September 30, 2020, provides needed relief from specified FMCSRs for CLP holders, CDL holders, and non-CDL drivers and motor carriers using those drivers. This Notice of Enforcement Policy applies to all CLP holders, CDL holders, and non-CDL drivers whose license was issued for less than the maximum period established by 49 CFR 383.25 and 383.73 and was valid on February 29, 2020 and expired on or after March 1, 2020.
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