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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

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: July 3, 2024: FMCSA-Continuation of Extension of Emergency Declaration Under 49 CFR § 390.25 No. 2024-002 (Maryland - July 3, 2024) (expires July 15, 2024)
Effective: 06/20/2024 | Expires on: 07/15/2024; 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), July 15, 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

Description: WSC - South Dakota - Extension of Emergency Declaration - No. 2024-004
Effective: 07/08/2024 | Expires on: 08/08/2024; In accordance with 49 CFR § 390.25, this Extension of the 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), August 8, 2024, whichever is earlier. FMCSA intends to continually review the status of this Extension of the Emergency Declaration and the relief granted herein. As necessary, FMCSA may take action to modify this Extension of the Emergency Declaration, including modification of the transportations and commodities covered by the Emergency Declaration, extend, or terminate the Emergency Declaration if conditions warrant.

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

Connecticut

Description: Connecticut Declaration of Civil Preparedness Emergency 08192024
Effective: 08/19/2024 | Expires on: 09/02/2024

Florida

Description: Florida Highway Safety and Motor Vehicles Emergency Order 24-03 Invest 97L
Effective: 08/01/2024 | Expires on: 08/09/2024

Description: Florida Executive Order Number 24-156
Effective: 08/01/2024 | Expires on: 08/09/2024

Georgia

Description: Georgia Executive Order 08/03/24 Tropical Depression 4
Effective: 08/04/2024 | Expires on: 08/08/2024

Iowa

Description: Iowa Proclamation of Disaster Emergency
Effective: 08/01/2024 | Expires on: 08/15/2024

Kentucky

Description: Kentucky Declaration of Emergency No. 113735 Hurricane Debby
Effective: 08/02/2024 | Expires on: 08/16/2024

Louisiana

Description: Louisiana Tropical Storm Francine Emergency Declaration
Effective: 09/10/2024 | Expires on: 09/23/2024; Consistent with Title 49 CFR, Part 390.23, the emergency declaration will take effect at 12:01 a.m., September 10, 2024, and will remain in effect for the duration of the emergency (as defined in Title 49, CFR, Part 390.5) or will end at 11:59 p.m., September 23, 2024, whichever is less.

Description: Louisiana State of Emergency - Tropical Storm Francine
Effective: 09/09/2024 | Expires on: 09/18/2024; This Order is effective Monday, September 9, 2024 and shall continue in effect until Wednesday, September 18, 2024, unless amended, modified, terminated, or rescinded earlier by the Governor, or terminated by operation of law.

Mississippi

Description: Mississippi Executive Order – 1582
Effective: 09/10/2024 | Expires on: This Executive Order shall terminate at the earliest of (1) the conclusion of the motor carrier's or driver's direct assistance in providing emergency relief; (2) fourteen (14) days from the date of the initial declaration of emergency; (3) the issuance of a proclamation terminating this state of emergency, or (4) any other time dictated by the FMCSA's Regulations.

New Mexico 

Description: New Mexico Executive Order 2024-033
Effective: 06/18/2024 | Expires on: TBD; This Order shall take effect immediately and shall remain in effect until renewed, modified, or rescinded.

Nevada

Description: Nevada Davis Fire Declaration of Emergency
Effective: 09/08/2024 | Expires on: This state of emergency shall exist for 5 days unless terminated sooner, if conditions improve.

North Carolina

Description: North Carolina Executive Order No. 311
Effective: 08/05/2024 | Expires on: This Executive Order shall remain in effect for thirty (30) days, unless earlier terminated, provided, however, that the provisions in Section 10 shall remain in effect for fourteen (14) days.

Oregon

Description: WSC Oregon - Extension of Emergency Declaration No. 2024-005
Effective: 08/232024 | Expires on: 09/26/2024; In accordance with 49 CFR § 390.25, this Extension of the 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), September 26, 2024, whichever is earlier. 

South Carolina

Description: South Carolina Executive Order No. 2024-16
Effective: 08/04/2024 | Expires on: This Order shall remain in effect for a period of fifteen (15) days unless otherwise expressly stated herein or modified, amended, or rescinded by subsequent Order.

Virginia

Description: Virginia Executive Order #34 2024
Effective: 08/06/2024 | Expires on: 8/20/2024

Description: Virginia DOT Emergency Transportation Waiver TS Debby
Effective: 08/06/2024 | Expires on: 8/20/2024

Washington

Description: WSC - Washington - Extension of Emergency Declaration - No. 2024-006
Effective: 08/15/2024 | Expires on: 9/15/2024

Wyoming

Description: WSC - Wyoming - Extension of Emergency Declaration - No. 2024-007
Effective: 09/12/2024 | Expires on: 010/13/2024; 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 § Page 2 of 3 Extension of Emergency Declaration No. 2024-007  390.5T) or until 11:59 P.M. (ET), October 13, 2024, whichever is earlier.  

Description: Wyoming Executive Order 2024-08 Operating Time
Effective: 08/30/2024 | Expires on: 09/13/2024; This Executive Order is effective immediately and expires upon the conclusion of the emergency, but no later than 11:59 pm, September 13, 2024.

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: Friday, September 13, 2024