Emergency Declarations, Waivers, Exemptions and Permits | FMCSA

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Emergency Declarations, Waivers, Exemptions and Permits

Emergency Declarations Clarified

 HOS exemption under State or FMCSA emergency declaration extends to interstate transportation – if providing direct assistance

Overview

The Federal Motor Carrier Safety Administration (FMCSA) is coordinating with the following states that have Declared Emergency Declarations. We recommend you check each State's Web site and search for "Issued Emergency Declarations" if you are interested in more details. For those carriers or drivers interested in providing services or who need to understand FMCSA regulations, the following applies.

Category

Federal Emergency Declarations by FMCSA

Description: Extension Of Emergency Declaration Under 49 CFR § 390.25 No. 2024-002 (Maryland)
Effective: 04/04/2024 | Expires on: 05/04/2024; In accordance with 49 CFR § 390.25, this Extension of Emergency Declaration is effective immediately and shall remain in effect until the end of the emergency (as defined in 49 CFR § 390.5T) or until 11:59 P.M. (ET), May 8, 2024, whichever is earlier. FMCSA intends to continually review the status of the emergency including the status of the partial closure of the Port of Baltimore and adjacent navigable waterways and the relief granted under this Extension of Emergency Declaration. As necessary, FMCSA may take action to modify this Extension of Emergency Declaration, including modification of the transportations and commodities covered by the Emergency Declaration, and to extend or terminate the Emergency Declaration if conditions warrant.

Federal Emergency Declarations by FMCSA Service Centers

There are no active Emergency Declarations at this time.

Federal Notice of Enforcement Discretion Determination

There are no active Emergency Declarations at this time.

Canadian Emergency Declarations

There are no active Emergency Declarations at this time.

State Emergency Declarations by State

Arkansas

Description: Arkansas Executive Order 24-24
Effective: 04/08/2024 | Expires on: 04/10/2024

Maine

Description: Maine Proclamation Energy Emergency 4-5-24
Effective: 04/05/2024 | Expires on: This Proclamation shall expire 5 days from its signature, unless otherwise terminated or extended.

Maryland

Description: Maryland Executive Order 01.01.2024.09 (Francis Scott Key Bridge in Baltimore)
Effective: 03/26/2024 | Expires on: 04/08/2024; The relief from 49 CFR §§ 395.3 and 395.5 is limited to the period of the emergency up to a maximum period of 14 days from the date of the initial declaration of emergency. The relief from Federal hours-of-service regulations (for motor carriers and drivers providing direct assistance to emergency relief efforts due to the bridge collapse) is effective from March 26, 2024, until the end of the emergency or April 8, 2024, whichever is earlier. (as of March 28, 2024) 

New Hampshire

Description: New Hampshire Declaration of Emergency Notice Title 49 CFR 390.32 4.4.24
Effective: 04/04/2024 | Expires on: 04/15/2024; Consistent with Title 49 CFR Part 390.23, the Emergency Declaration will remain in effect through April 15, 2024 at midnight.

Rhode Island

Description: Rhode Island Emergency Proclamation 02 12 2024 - Winter storm-travel restrictions
Effective: 02/13/2024 | Expires on: TBD; This Order shall remain in full force and effect until the threat or danger has passed or the emergency conditions no longer exist.

Texas

Description: Texas 2024 Solar Eclipse
Effective: 04/06/2024 | Expires on: 04/10/2024

Description: Texas Wildfire Disaster Proclamation
Effective: 02/27/2024 | Expires on: TBD

Emergency Declaration Information

To provide vital supplies and transportation services to a disaster area in the United States, emergency declarations may be issued by the President, Governors of States, or FMCSA. These declarations trigger the temporary suspension of certain Federal safety regulations, including Hours of Service, for motor carriers and drivers engaged in specific aspects of the emergency relief effort. See 49 CFR 390.23 for the actual emergency regulation.

Relief from Federal Motor Carrier Safety Regulations is limited to a maximum of 30 days, unless extended by FMCSA itself.

The information below reflects currently available relief:

  1. Drivers responding to provide "direct assistance" to an "emergency" meeting the definitions in 49 CFR 390.5 and declared by FMCSA or a governor, are exempt from applicable regulations in all States on their route to the emergency, even though those States may not be involved in the emergency or stated in the declaration of emergency.
  2. These exemptions, when in effect, only apply to 49 CFR Parts 390-399. They do NOT exempt drivers/carriers from the requirements relating to CDL, drug/alcohol, hazardous materials, size & weight, or State/Federal registration and tax requirements. (However, a Governor's Declaration may add some of those exemptions - read the declaration for details.)
  3. Even if an Emergency Declaration is still in effect, the emergency must be on-going and you must be providing direct emergency assistance in order to be exempt from safety regulations.
  4. The list of Emergency Declarations below may not be complete. Declarations may be in effect even if not listed here. Read the declaration itself for all details.
  5. There is no requirement to carry a copy of the declaration in the vehicle unless stated so in the declaration itself.
  6. Drivers and carriers should coordinate with State emergency officials before providing assistance. State regulations regarding size and weight, permits, taxes, etc. may not have been waived.
  7. Even though safety regulations may be suspended, drivers and carriers are expected to use good judgment and not operate vehicles with fatigued or ill drivers, or under any conditions presenting a clear hazard to other motorists using the highways.

The Federal Motor Carrier Safety Administration (FMCSA) has established a toll free hotline at 1-877-831-2250 for anyone seeking inquiries pertaining to FMCSA Regulations during a declared disaster.


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Last updated: Monday, April 8, 2024