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Emergency Declarations, Waivers, Exemptions and Permits

DOEs in California, Florida, Montana, Texas, Illinois, Iowa, Indiana, Kansas, Minnesota, Missouri, Nebraska, South Dakota, North Dakota And Wisconsin

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: Notice of Enforcement Discretion - Regional Emergency Declaration 2019-008 - 11-01-2019
Effective: 11/01/2019 | Expires on: This Notice will expire upon the termination or expiration of Regional Declaration of Emergency 2019-008, including any future amendments and extensions.


Description: Notice of Enforcement Discretion - Regional Emergency Declaration 2019-007 - California Wildfires - 10-28-2019
Effective: 10/28/2019 | Expires on: This Notice will expire upon the termination or expiration of Regional Declaration of Emergency 2019-007, including any future amendments and extensions.


Description: Notice of Enforcement Discretion Determination (State of Texas-Severe Storms)
Effective: 10/22/2019 | Expires on: This Notice will expire upon the termination or expiration of Regional Emergency Declaration 2019-006, including any future amendments and extensions.


Federal Emergency Declarations by FMCSA Service Centers

Mid-West and Western Service Center


Description: MSC-WSC - Regional Emergency Declaration 2019-008 - 11-01-2019
Effective: 11/01/2019 | Expires on: This 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), November 30, 2019, whichever is less.


Western Service Center


Description: WSC - CA - Regional Emergency Declaration 2019-007 - Wildfires - 10-28-2019
Effective: 10/28/2019 | Expires on: Shall remain in effect for the duration of the emergency (as defined in 49 CFR § 390.5) or until 11:59 P.M. (ET), November 27, 2019, whichever is less.


Description: WSC - TX - Regional Emergency Declaration 2019-006 - Severe Storms - 10-22-2019
Effective: 10/22/2019 | Expires on: Shall remain in effect for the duration of the emergency (as defined in 49 CFR § 390.5) or until 11:59 P.M. (ET), November 21, 2019, whichever is less.


State Emergency Declarations by State


Florida


Description: State of Florida Office of the Governor Executive Order Number 19-189
Effective: 08/28/2019 | Expires on: This Executive Order shall expire sixty days from this date unless extended.


Indiana


Description: Indiana Executive Order 19-01
Effective: 11/07/2019 | Expires on: 12/2/2019


Iowa


Description: State of Iowa Executive Department Proclamation of Disaster Emergency
Effective: 11/16/2019 | Expires on: 12/15/2019


Description: Iowa - Proclamation Of Disaster Emergency because of the late harvest and high demand for petroleum products
Effective: 11/01/2019 | Expires on: 11/30/2019


Minnesota


Description: State of Minnesota Emergency Executive Order 19-36 - Providing for Relief from Regulations to Motor Carriers and Drivers
Effective: 10/30/2019 | Expires on: 11/28/2019


Montana


Description: Montana-EO 15-2019 Declaring a Winter Storm Emergency
Effective: 09/27/2019 | Expires on: TBD


North Dakota


Description: ND - Executive Order 2019-12 Hay and livestock hauling
Effective: 11/07/2019 | Expires on: 12/06/2019


Description: ND - Executive Order 2019-11 HOS waiver petroleum products
Effective: 11/02/2019 | Expires on: 12/01/2019


South Dakota


Description: State of South Dakota Office of the Governor Executive Order 2019-26
Effective: 11/01/2019 | Expires on: This Executive Order shall expire upon conclusion of the emergency, but no later than midnight on November 30, 2019.


Wisconsin


Description: Wisconsin Executive Order #56 Relating to Declaring an Energy Emergency
Effective: 10/30/2019 | Expires on:11/28/2019


 

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.
Updated: Monday, November 18, 2019

Contact Information

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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Contact Us

For information on FMCSA Emergency Declarations
Federal Motor Carrier Administration
1200 New Jersey Avenue SE
Washington, DC 20590
United States
Phone: 877-831-2250

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