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United States Department of Transportation United States Department of Transportation

Emergency Declarations, Waivers, Exemptions and Permits

"Forest Fire"Emergency Declarations Clarified


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


COVID-19 Updates


Description: FMCSA Coronavirus (COVID-19) Information & Resources


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


Declarations by FMCSA


Description: Extension of the Expanded Modified Emergency Declaration No. 2020-002 Under 49 CFR § 390.25 (May 26, 2021)
Effective: 06/01/2021 | Expires on: 08/31/2021 In accordance with 49 CFR § 390.25, this extension of the expanded modified Emergency Declaration No. 2020-002 is effective at 12:00 A.M. (ET), June 1, 2021 and shall remain in effect until 11:59 P.M. (ET), August 31, 2021, modification or termination by FMCSA, or revocation of the declaration of national emergency under 42 U.S.C. § 5191(b), whichever is soonest.


 

Federal Emergency Declarations by FMCSA Service Centers


None at this time.


 

State Emergency Declarations by State


Florida


Description: Florida TS Elsa Pursuant to Executive Order Nos. 21-150 and 21-151
Effective: 07/05/2021 | Expires on: 08/02/2021; expiration or rescission of Executive Order 21- 150 or Monday August 2, 2021.


Description: Florida Emergency road use permit letter executive-order-21-150-and-21-151-(tropical-storm-elsa)-1st-eo-doc
Effective: 07/05/2021 | Expires on: 08/02/2021; expiration or rescission of Executive Order 21-150 or August 2, 2021.


Description: Florida FHSMV EO 070421 Elsa Executed
Effective: 07/04/2021 | Expires on: 08/02/2021; This order shall expire on the earlier of the expiration or rescission of Executive Order 21-150 or 11:59 PM on August 2, 2021, unless extended by me.


Description: Florida Executive Order 21-150
Effective: 07/03/2021 | Expires on: 09/02/2021; All actions taken by the Director of the Division of Emergency Management with respect to this emergency before the issuance of this Executive Order are ratified. This Executive Order shall expire sixty day from this date unless extended.


Georgia


Description: The State of Georgia Executive Order: State Of Emergency For Tropical Storm Elsa
Effective: 07/06/2021 | Expires on: 07/14/2021; shall be valid for a period of eight (8) days, expiring Wednesday, July 14, 2021, at 11:59 P.M. unless this State of Emergency is renewed by the Governor.


Idaho


Description: Idaho- Fire Declaration 2021
Effective: 07/09/2021 | Expires on: 08/08/2021; This state of disaster emergency shall exist for a period of thirty days unless terminated or modified, or unless extended for thirty-day increments.


Kentucky


Description: Kentucky OFFICIAL ORDER 112555:  Declaration of Emergency, Suspension of Registration Requirements, and Exemption of Hours of Service and Stoppage at Weigh Stations
Effective: 07/07/2021 | Expires on: 07/12/2021; This declaration of emergency shall remain in effect until 12:01 AM EDT, July 12, 2021.


Montana


Description: Montana EO 9-2021 Drivers Hours Emergency
Effective: 06/15/2021 | Expires on: 09/30/2021; This Order is effective June 15, 2021 and expires on September 30, 2021.


Oregon


Description: Oregon Emergency Order Granting Suspension of Certain Motor Carrier Regulations in Response to Wild Fire Activity
Effective: 07/01/2021 | Expires on: 07/30/2021;  ... are exempted from Parts 390 to 399 of the Federal Motor Carrier Safety Regulations until July 30, 2021.


South Dakota


Description: State of South Dakota Executive Order 2021-10
Effective: 07/17/2021 | Expires on: 08/16/2021;  This executive order shall expire upon conclusion of the emergency, but no later than midnight, August 16, 2021.


Washington


Description: Washington Emergency Proclamation 21-10
Effective: 07/06/2021 | Expires on: 09/30/2021.


Wyoming


Description: State of Wyoming Executive Order Order 2021-6
Effective: 07/20/2021 | Expires on: 08/20/2021; Be it further ordered, this Executive Order shall expire upon the conclusion of the emergency, but no later than midnight, August 20, 2021.


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: Tuesday, July 20, 2021