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Emergency Declarations, Waivers, Exemptions and Permits

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

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.

Federal Emergency Declarations by FMCSA Service Centers

FMCSA

DescriptionEffectiveExpires on
Notice of Enforcement Discretion Determination (2018 Alberto - FMCSA)05/27/201806/27/2018

Eastern and Southern Service Center

DescriptionEffectiveExpires on
In accordance with the provisions of 49 CFR § 390.23, the Field Administrator for the Federal Motor Carrier Safety Administration’s (FMCSA) Western Service Center and Regional Field Administrator for FMCSA’s Southern Service Center, hereby declare that an emergency exists that warrants issuance of a Regional Emergency Declaration in the States of Alabama, Arkansas, Florida, Louisiana, Mississippi, Tennessee, and Texas (Affected States)05/27/201806/27/2018

Western and Southern Service Center

DescriptionEffectiveExpires on
The Field Administrator for the Federal Motor Carrier Safety Administration's (FMCSA) Western Service Center hereby declares that an emergency exists that warrants extension of the Regional Declaration of Emergency issued on August 25, 2017, and continuing the exemption granted in accordance with 49 CFR 390.23(a)(1) from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSRs), except as otherwise restricted herein.
*NOTE:In accordance with 49 CFR 390.25, this extension to the Emergency Declaration is effective immediately and shall remain in effect for the duration of the emergency (as defined in 49 CFR 390.5) or until 11 P.M. (ET), March 22, 2018, whichever is less.
01/18/2018*03/22/2018

Western Service Center

DescriptionEffectiveExpires on
The Field Administrator for the Federal Motor Carrier Safety Administration's (FMCSA) Western Service Center hereby declares that an emergency exists that warrants extension of the Regional Declaration of Emergency issued on August 25, 2017, and continuing the exemption granted in accordance with 49 CFR 390.23(a)(1) from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSRs), except as otherwise restricted herein.
*NOTE:In accordance with 49 CFR 390.25, this extension to the Emergency Declaration is effective immediately and shall remain in effect for the duration of the emergency (as defined in 49 CFR 390.5) or until 11 P.M. (ET), March 22, 2018, whichever is less.
01/18/2018*03/22/2018

Eastern, Southern, Midwestern and Western Service Center

DescriptionEffectiveExpires on
The Regional Field Administrators for the Federal Motor Carrier Safety Administration's (FMCSA) Eastern Service Center, Southern Service Center, Midwestern Service Center and Western Service Center hereby declare that an emergency exists that warrants extension of the Regional Declaration of Emergency issued on December 30, 2017, and continuing the exemption granted in accordance with 49 CFR 390.23(a)(1) from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSRs), except as otherwise restricted herein.
*NOTE:In accordance with 49 CPR 390.25, this extension to the Emergency Declaration is effective immediately and shall remain in effect for the duration of the emergency (as defined in 49 CFR 390.5) or until 11:59 P.M. (ET), February 28, 2018, whichever is less.
02/06/2018*02/28/2018

State Emergency Declarations by State

Alabama

DescriptionEffectiveExpires on
2018-05-25 Tropical Storm Alberto Alabama State of Emergency05/27/2018TBD

Connecticut

DescriptionEffectiveExpires on
State of Connecticut Declaration of Civil Preparedness Emergency05/16/2018TBD

Florida

DescriptionEffectiveExpires on
State of Florida Office of The Governor EO# 18-15005/25/2018TBD

Hawaii

DescriptionEffectiveExpires on
Office of the Governor State of Hawaii Proclamation05/03/2018TBD

Maryland

DescriptionEffectiveExpires on
Maryland - Executive Order 01.01.2018.1405/27/2018TBD

Minnesota

DescriptionEffectiveExpires on
Minnesota - Emergency Executive Order 17-1612/29/2017TBD

North Carolina

DescriptionEffectiveExpires on
State of North Carolina Executive Order No.45
*NOTE:This Executive Order is effective immediately and shall remain in effect for thirty (30) days or the duration of the emergency, whichever is less.
05/30/2018*06/29/2018
State of North Carolina Executive Order No.4405/30/2018TBD
State of North Carolina Executive Order No.3401/16/2018TBD
State of North Carolina Executive Order No.3101/03/2018TBD

Puerto Rico

DescriptionEffectiveExpires on
Executive Order of The Governor of Puerto Rico: Administrative Bulletin Number: OE-2017-04709/17/2017TBD

Virginia

DescriptionEffectiveExpires on
Commonwealth of Virginia Executive Order 72-201709/07/201706/30/2018
Updated: Thursday, June 7, 2018
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