When to Use a Waiver or Exemption with the Federal Motor Carrier Safety Administration (FMCSA)

The Federal Motor Carrier Safety Administration (FMCSA) is working to increase public safety on the roadways. This involves ensuring strict compliance with the Federal Motor Carrier Safety Regulations (FMCSRs). However, in cases where it would be safer not to comply, specific waivers and exemptions can be requested, as explained in detail in an article from Benesch.

A waiver would give someone temporary relief from a FMCSRs. This waiver would be used in a non-emergency scenario and can last up to three months. An example of when to use a waiver is when a person is unable to drive a Commercial Motor Vehicle (CMV) due to the FMCSRs. Common examples of what waivers can be used for include needing a specific license or special training requirements.

Exemptions from the FMCSA are also temporary.  These should be considered if FMCSRs are making operations difficult.  A certain level of safety has to be met either way. Exemptions can be used in similar circumstances to waivers and can be used to bypass regulations on driver requirements or vehicle maintenance.

Waivers and exemptions to FMCSRs are both filed in a similar manner to the FMCSA but exemptions are more detailed and have more requirements for requesting. Benesch recommends trying to resolve these issues independently of the FMCSA if there is a practical alternative.