Notice2026-00318
Qualification of Drivers: Skill Performance Evaluation Program; Virginia Department of Motor Vehicles Application for Exemption Renewal
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 12, 2026
Effective
January 8, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to renew the exemption for truck and bus drivers who are licensed in the Commonwealth of Virginia and need a Skill Performance Evaluation (SPE) Certificate to operate commercial motor vehicles (CMV) in interstate commerce. FMCSA has analyzed the exemption renewal application and the public comment and has determined that the exemption, subject to the terms and conditions set forth below, is likely to achieve a level of safety that is equivalent to, or greater than, the level that would be achieved in the absence of the exemption.
Full Text
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<title>Federal Register, Volume 91 Issue 7 (Monday, January 12, 2026)</title>
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[Federal Register Volume 91, Number 7 (Monday, January 12, 2026)]
[Notices]
[Pages 1230-1231]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00318]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0147]
Qualification of Drivers: Skill Performance Evaluation Program;
Virginia Department of Motor Vehicles Application for Exemption Renewal
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; renewal of exemption.
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SUMMARY: FMCSA announces its decision to renew the exemption for truck
and bus drivers who are licensed in the Commonwealth of Virginia and
need a Skill Performance Evaluation (SPE) Certificate to operate
commercial motor vehicles (CMV) in interstate commerce. FMCSA has
analyzed the exemption renewal application and the public comment and
has determined that the exemption, subject to the terms and conditions
set forth below, is likely to achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved in the
absence of the exemption.
DATES: The exemption is effective January 8, 2026, and expires July 8,
2027.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, (202) 366-4001, <a href="/cdn-cgi/l/email-protection#ebada6a8b8aaa68e8f82888a87ab8f849fc58c849d"><span class="__cf_email__" data-cfemail="21676c6272606c44454842404d61454e550f464e57">[email protected]</span></a>. If you
have questions on viewing or submitting material to the docket, contact
Dockets Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to <a href="https://www.regulations.gov/docket/FMCSA-2013-0147/document">https://www.regulations.gov/docket/FMCSA-2013-0147/document</a> and
choose the document to review. To view comments, click this notice,
then click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
on the ground floor of the DOT West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from the Federal Motor Carrier Safety Regulations (FMCSRs).
FMCSA must publish a notice of each exemption request in the Federal
Register (49 CFR 381.315(a)). The Agency must provide the public an
opportunity to inspect the information relevant to the application,
including the applicant's safety analyses. The Agency must also provide
an opportunity for public comment on the request.
The Agency reviews the application, safety analyses, and public
comments submitted and determines whether granting the exemption would
likely achieve a level of safety equivalent to, or greater than, the
level that would be achieved absent such exemption, pursuant to the
standard set forth in 49 U.S.C. 31315(b)(1). The Agency must publish
the decision in the Federal
[[Page 1231]]
Register (49 CFR 381.315(b)). If granted, the notice will identify the
regulatory provision from which the applicant will be exempt, the
effective period, and all terms and conditions of the exemption (49 CFR
381.315(c)(1)). If the exemption is denied, the notice will explain the
reason for the denial (49 CFR 381.315(c)(2)). The exemption may be
renewed (49 CFR 381.300(b)).
III. Background
Current Regulatory Requirements
CMV drivers who are otherwise qualified to drive a CMV, but are not
physically qualified to drive under 49 CFR 391.41(b)(1) or (2) because
of a loss or impairment of a limb, may drive a CMV if FMCSA has granted
an SPE certificate to that person under 49 CFR 391.49.
Application for Renewal of Exemption
The Virginia Department of Motor Vehicles's (VA DMV) application
for exemption renewal was described in detail in a Federal Register
notice published on July 7, 2025 (90 FR 29928), and will not be
repeated as the facts have not changed.
IV. Public Comments
The Agency received one comment. Joseph Dillon is in favor of all
States or FMCSA's field offices having the ability to renew SPE
certificates. He explained that individuals who have a fixed limb loss
should have a permanent waiver as the current requirement to renew an
SPE certificate is every two years.
V. FMCSA Decision
FMCSA has evaluated the application from the VA DMV and the comment
filed and grants the exemption renewal. Virginia's SPE program is
essentially identical to the current FMCSA SPE program and is subject
to oversight by FMCSA to ensure that Virginia's processes are
equivalent to FMCSA's SPE processes. Virginia continues to adhere to
the application process modeled on the FMCSA process. Virginia's
personnel who conduct the SPEs complete the same training as FMCSA
personnel conducting SPEs and follow the same procedures and testing
criteria used by FMCSA. FMCSA has conducted monitoring and SPE program
reviews and Virginia continues to maintain records of applications,
testing, and certificates issued for periodic review by FMCSA. Based on
FMCSA's analyses of the applications and the program, FMCSA has
determined that continuing the exemption for the class of exempted
drivers and continuing to allow the VA DMV to issue SPE certificates
for Virginia residents will likely achieve a level of safety equivalent
to what would be achieved in the absence of this exemption. While
FMCSA's provisional notice stated it was considering renewing this
exemption through July 8, 2030, FMCSA has decided this renewal will
expire on July 8, 2027, to be consistent with the Agency's most recent
renewal of this exemption which was also for a two-year period (88 FR
43065, July 6, 2023).
VI. Exemption
A. Applicability of Exemption
Under this exemption, the VA DMV is permitted to issue an SPE
certificate for interstate drivers who have experienced an impairment
or loss of a limb and are licensed in the Commonwealth of Virginia,
subject to the following terms and conditions:
B. Terms and Conditions
1. VA DMV's SPE program must be substantially similar to the
current requirements in 49 CFR 391.49.
2. VA DMV must maintain an application process modeled on the FMCSA
process and submit information concerning the application process to
FMCSA's Medical Programs Division for review, upon request.
3. State personnel who conduct SPEs must complete SPE training
identical to that of FMCSA personnel currently administering the
Federal SPE program.
4. The VA DMV SPE and SPE scoring must be done using the same
procedures and testing criteria used by FMCSA.
5. VA DMV must maintain records of applications, testing, and
certificates issued for periodic review by FMCSA.
6. VA DMV must submit a monthly report to FMCSA listing the names
and license numbers of each driver tested by the State and the result
of the SPE (pass or fail).
7. Upon request, the VA DMV must provide records required to be
retained under this exemption and provide any other information
necessary for FMCSA to evaluate the VA DMV's compliance with the terms
and conditions of this exemption.
8. Each driver who receives a State-issued SPE certificate must
carry a copy of the certificate when driving for presentation to
authorized Federal, State, or local law enforcement officials.
C. Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption. An exemption granted
under the authority of 49 U.S.C. 31315(b) preempts State laws and
regulations that conflict with or are inconsistent with the exemption.
The decision to grant the exemption amounts to automatic Federal
ratification of the State-issued SPE Certificate and therefore
prohibits other jurisdictions from requiring a separate FMCSA-issued
SPE. The State-issued certificate must be treated as if it had been
issued by FMCSA. Virginia-licensed drivers who receive the State-issued
SPE certificate are allowed to operate CMVs in interstate commerce.
VII. Termination
FMCSA does not believe the drivers covered by this exemption will
experience any deterioration of their safety record. However, the
exemption will be rescinded if: (1) the VA DMV or the drivers operating
under the exemption fail to comply with the terms and conditions of the
exemption; (2) the exemption has resulted in a lower level of safety
than was maintained before it was granted; or (3) continuation of the
exemption would not be consistent with the goals and objectives of 49
U.S.C. 31136(e) and 31315(b).
Derek Barrs,
Administrator.
[FR Doc. 2026-00318 Filed 1-9-26; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on January 12, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.