Virginia CDL licenses: DMV's exemption request under federal review

Virginia's Department of Motor Vehicles (DMV) is seeking a federal exemption that would allow the state to extend the validity of commercial driver's licenses (CDLs) and commercial learner's permits (CLPs) by up to 90 days during declared emergencies. The request has been submitted to the Federal Motor Carrier Safety Administration (FMCSA).

If approved, this exemption would enable Virginia to grant these extensions when a state of emergency is declared by the governor, or through an executive order or official directive. Currently, federal regulations limit CLPs to one year from issuance without re-examination and CDLs to eight years. The proposed measure would not apply to non-domiciled commercial licenses but would benefit individuals who obtained permits after proving U.S. citizenship or legal permanent residency.

The FMCSA has opened a public comment period for the proposal, which will remain open until July 17, 2026. Following a review of the application, safety analyses, and submitted comments, the FMCSA will decide whether to grant or deny the exemption. Approval would result in the publication of a regulatory disposition in the Federal Register, outlining the specific conditions and duration of Virginia's exemption.

The Virginia DMV stated that during declared emergencies, access to its offices and services can be restricted due to temporary closures, staffing shortages, system disruptions, travel limitations, and other safety concerns affecting in-person services. These circumstances can prevent qualified commercial drivers from completing their renewals on time, through no fault of their own.

The DMV emphasized that the proposed measure would not compromise safety. The agency plans to implement internal controls to manage the use of the extended authorization if granted. The DMV also noted that the loss of driving privileges in such situations could lead to staffing shortages and disrupt the transportation of essential goods and services, particularly during emergency response and recovery efforts.