H-2A Workers – Driver’s Licenses during period of LA Office of Motor Vehicle Field Office Closures

By Brian Breaux

Louisiana Farm Bureau Senior Commodity/Public Policy Director

Since all Louisiana Office of Motor Vehicles (OMV) field offices are closed around the state due to the COVID-19 virus, there have been several questions regarding renewal of Louisiana Driver’s Licenses for Louisiana residents and returning H-2A workers as well as questions on how to handle Driver’s Licenses for new H-2A workers.  

In reply to LFBF, Louisiana Office of Motor Vehicles, Commissioner Karen St. Germain has relayed that the Louisiana Office of Motor Vehicles is allowing Louisiana residents and returning H-2A workers with an expired Louisiana Driver’s License to renew their Louisiana Driver’s licenses at Public Tag Agents (PTA) located around the State. This includes renewal of REAL ID Driver’s Licenses. 

To find a Public Tag Agent (PTA) in your area, log onto https://www.expresslane.org/Pages/default.aspxexpresslane.org and at the top of the page, enter the closest city to your location to find the closest Public Tag Agent (PTA) that is open in your area. 

Public Tag Agents request that you call them first to set up an appointment. The Public Tag Agent will notify you as to what documents you will need to provide. 

The Complete LA-OMV List of Transactions that can be performed by Public Tag Agents are listed below:

•             Vehicle Registration and Titling 

•             Private sale transfers 

•             Out of state transfers

•             Renewals

•             Lost plates

•             Lost stickers

•             Duplicate registration

•             Duplicate title

•             Recordation of lien

•             Lien release

•             Address change

•             Reinstatement (authorized transactions)

•             Driver License and Identification Cards

•             Duplicates

•             Change of Address

Driver’s Licenses - New H-2A Workers: Public Tag Agents cannot issue a Louisiana Driver’s License to a new H-2A worker that has never held a Louisiana Driver’s License because they (and their in person photo) are not in the REAL ID system. However, individuals that possess a valid foreign driver’s license can operate an automobile/ pick-up truck in Louisiana for a maximum period of 90 days. (See Law below)  

RS 32:404   Louisiana Revised statute

§404. Operation of motor vehicles by nonresidents, students, and military personnel and dependents; reciprocity agreements with foreign countries

  1. A nonresident or a nonresident minor, who has been licensed to drive or operate a motor vehicle under the laws of his home state and who has in his immediate possession a valid license issued to him by his home state, shall be permitted to drive a motor vehicle in this state without examination or license for a period not to exceed ninety days. The department is authorized to promulgate rules and regulations covering the case of any person whose home state does not require a license, and they shall have the full force and effect of law.

CDL Waivers for CDL’s and Medical Cards Expiring After March 1, 2020

Due to the closure of Offices of Motor Vehicles Field Offices and doctor’s offices, the Federal Motor Carrier Safety Administration (FMCSA) issued waivers for expiring CDL’s and medical cards allowing eligible CDL drivers to operate until June 30, 2020. Here are a few of the high points and exceptions. 

The June 30, 2020 waiver applies to CDL’s expiring on or after March 1, 2020 and medical cards expiring after March 1, 2020. However, the waiver does not apply if the CDL expired before March 1, 2020 and does not apply to medical cards that expired on or before March 1, 2020. The June 30, 2020 waiver also does not apply to medical cards if the medical examiner’s certificates was originally issued for less than 90 days.  CDL drivers operating under the June 30, 2020 waiver with a medical card that expired after March 1, 2020 must still carry their proof of a valid medical certificate that expired on or after March 1, 2020 and must carry a paper copy of their expired medical certificates.  The June 30, 2020 waiver also does not apply to CDL drivers that have had their driver’s privileges suspended or withdrawn for traffic offenses. 

In the waiver, the FMCSA continues to recognize the validity of commercial driver’s licenses issued by Canadian Provinces and Territories and Licencias Federales de Conductor issued by the United Mexican States when such jurisdictions issue a similar notice or declaration extending the validity date of the medical examination and certification and/or validity of the corresponding commercial driver’s license due to interruption to government service resulting from COVID-19. For the complete waiver, use link below: 

https://www.fmcsa.dot.gov/emergency/three-month-waiver-response-covid-19-emergency-states-and-clp-holders-operating

Avery Davidson