49 C.F.R. Subpart B—Procedures for Requesting Waivers
Title 49 - Transportation
(a) A waiver is temporary regulatory relief from one or more FMCSR given to a person subject to the regulations, or a person who intends to engage in an activity that would be subject to the regulations. (b) A waiver provides the person with relief from the regulations for up to three months. (c) A waiver is intended for unique, non-emergency events and is subject to conditions imposed by the Administrator. (d) Waivers may only be granted from one or more of the requirements contained in the following parts and sections of the FMCSRs: (1) Part 382—Controlled Substances and Alcohol Use and Testing; (2) Part 383—Commercial Driver's License Standards; Requirements and Penalties; (3) §390.19 Motor Carrier Identification Report; (4) §390.21 Marking of commercial motor vehicles; (5) Part 391—Qualifications of Drivers; (6) Part 392—Driving of Commercial Motor Vehicles; (7) Part 393—Parts and Accessories Necessary for Safe Operation; (8) Part 395—Hours of Service of Drivers; (9) Part 396—Inspection, Repair, and Maintenance (except §396.25); and (10) Part 399—Step, Handhold and Deck Requirements. (a) You may request a waiver if one or more FMCSR would prevent you from using or operating CMVs, or make it unreasonably difficult to do so, during a unique, non-emergency event that will take no more than three months to complete. (b) Before you decide to request a waiver, you should carefully review the regulation to determine whether there are any practical alternatives already available that would allow your use or operation of CMVs during the event. You should also determine whether you need a waiver from all of the requirements in one or more parts of the regulations, or whether a more limited waiver of certain sections within one or more of the parts of the regulations would provide an acceptable level of regulatory relief. For example, if you need relief from one of the recordkeeping requirements concerning driver qualifications, you should not request relief from all of the requirements of part 391. (a) You must send a written request (for example, a typed or handwritten (printed) letter), which includes all of the information required by this section, to the Federal Motor Carrier Safety Administrator, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590. (b) You must identify the person who would be covered by the waiver. The application for a waiver must include: (1) Your name, job title, mailing address, and daytime telephone number; (2) The name of the individual, motor carrier, or other entity that would be responsible for the use or operation of CMVs during the unique, non-emergency event; (3) Principal place of business for the motor carrier or other entity (street address, city, State, and zip code); and (4) The USDOT identification number for the motor carrier, if applicable. (c) You must provide a written statement that: (1) Describes the unique, non-emergency event for which the waiver would be used, including the time period during which the waiver is needed; (2) Identifies the regulation that you believe needs to be waived; (3) Provides an estimate of the total number of drivers and CMVs that would be operated under the terms and conditions of the waiver; and (4) Explains how you would ensure that you could achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the regulation. (a) The Federal Motor Carrier Safety Administration will review your request and make a recommendation to the Administrator. The final decision whether to grant or deny the application for a waiver will be made by the Administrator. (b) After a decision is signed by the Administrator, you will be sent a copy of the document, which will include the terms and conditions for the waiver or the reason for denying the application for a waiver. You should receive a response from the agency within 60 calendar days from the date the Administrator receives your request. However, depending on the complexity of the issues discussed in your application, and the availability of staff to review the material, a final decision may take up to 120 days. You should contact the Office of Bus and Truck Standards and Operations, Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. The telephone number is (202) 366–1790.
Title 49: Transportation
PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS
Subpart B—Procedures for Requesting Waivers
§ 381.200 What is a waiver?
§ 381.205 How do I determine when I may request a waiver?
§ 381.210 How do I request a waiver?
§ 381.215 What will the FMCSA do after the agency receives my request for a waiver?
§ 381.220 How long will it take the agency to respond to my request for a waiver?
§ 381.225 Who should I contact if I have questions about the information I am required to submit to the FMCSA or about the status of my request for a waiver?
