§390.23 Relief from regulations.
(a) Parts 390 through 399 of this chapter shall not
apply to any motor carrier or driver operating a commercial motor vehicle to
provide emergency relief during an emergency, subject to the following time
limits:
(a)(1)(i) The
exemption provided by paragraph (a)(1)
of this section is effective only when:
(a)(1)(i)(A)
An emergency has been declared by the President of the United States, the
Governor of a State, or their authorized representatives having authority to
declare emergencies; or
(a)(1)(i)(B)
The FMCSA Field Administrator has declared that a regional emergency exists
which justifies an exemption from parts 390 through 399 of this chapter.
(a)(1)(ii) Except as provided in §390.25, this exemption
shall not exceed the duration of the motor carrier's or driver's direct
assistance in providing emergency relief, or 30 days from the date of the
initial declaration of the emergency or the exemption from the regulations by
the FMCSA Field Administrator, whichever is less.
(a)(2)(i) The
exemption provided by paragraph (a)(2)
of this section is effective only when:
(a)(2)(i)(A)
An emergency has been declared by a Federal, State, or local government
official having authority to declare an emergency; or
(a)(2)(i)(B)
The FMCSA Field Administrator has declared that a local emergency exists which
justifies an exemption from parts
390 through 399 of this chapter.
(a)(2)(ii) This exemption shall not
exceed the duration of the motor carrier's or driver's
direct assistance in providing emergency relief, or 5 days from the date of the
initial declaration of the emergency or the exemption from the regulations by
the FMCSA Field Administrator, whichever is less.
(a)(3) Tow Trucks responding to
emergencies.
(a)(3)(i) The
exemption provided by paragraph (a)(3) of
this section is effective only when a request has been made by a Federal, State
or local police officer for tow trucks to move wrecked or disabled motor vehicles.
(a)(3)(ii) This exemption shall not
exceed the length of the motor carrier's or driver's direct assistance in
providing emergency relief, or 24 hours from the time of the initial request for assistance by the
Federal, State or local police officer, whichever is less.
(b) Upon termination of direct
assistance to the regional or local emergency relief effort, the motor carrier
or driver is subject to the requirements of parts 390 through 399 of this
chapter, with the following exception: A driver may return empty to the motor
carrier's terminal or the driver's normal work reporting location without
complying with parts 390
through 399 of this chapter. However, a driver who informs the motor
carrier that he or she needs immediate rest must be permitted at least 10
consecutive hours off duty before the driver is required to return to such
terminal or location. Having returned to the terminal or other location, the
driver must be relieved of all duty and responsibilities. Direct assistance
terminates when a driver or commercial motor vehicle is used in interstate
commerce to transport cargo not destined for the emergency relief effort, or
when the motor carrier dispatches such driver or commercial motor vehicle to
another location to begin operations in commerce.
(c) When the driver has been
relieved of all duty and responsibilities upon termination of direct assistance
to a regional or local emergency relief effort, no motor carrier shall permit
or require any driver used by it to drive nor shall any such driver drive in
commerce until:
(c)(1) The driver has met
the requirements of §§
395.3(a) and 395.5(a)
of this chapter; and
(c)(2) The driver has had at
least 34 consecutive hours off-duty when:
(c)(2)(i)
The driver has been on duty for more than 60 hours in any 7 consecutive days at
the time the driver is relieved of all duty if the employing motor carrier does
not operate every day in the week, or
(c)(2)(ii) The driver has been on duty for more than 70 hours in any 8 consecutive days at the time the driver is relieved of all duty if the employing motor carrier operates every day in the week.
[57 FR 33647, July 30, 1992, as amended at 60 FR 38744, July 28, 1995; 66 FR 49873, Oct. 1, 2001 ; 68 FR 22514, Apr. 28, 2003; 70 FR 50070, Aug. 25, 2005]