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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

"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



Federal Emergency Declarations by FMCSA


Description: Extension of Regional Emergency Declaration Under 49 CFR § 390.25 No. 2022-005 (June 30, 2022)
Effective: 06/30/2022 | Expires on: 07/31/2022; In accordance with 49 CFR § 390.25, this extension of Emergency Declaration 2022-005 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 31, 2022, whichever is earlier. FMCSA intends to continually review the status of this Emergency Declaration and may take action to extend, modify or terminate the Emergency Declaration if conditions warrant.


Description: Extension And Amendment of the Modified Emergency Declaration No. 2020-002 Under 49 CFR § 390.25 (May 27, 2022)
Effective: 06/01/2022 | Expires on: 08/31/2022; In accordance with 49 CFR § 390.25, this extension and amendment of the modified Emergency Declaration No. 2020-002 is effective at 12:00 A.M. (ET), June 1, 2022, and shall remain in effect until 11:59 P.M. (ET), August 31, 2022, unless modified or terminated sooner by FMCSA.


"Reporting Emergency Declaration Usage"In the extension and amendment to the Emergency Declaration No. 2020-002, issued August 31, 2021, FMCSA required that all motor carriers report, on a monthly basis, when one or more of their commercial motor vehicles operate under the terms of the Declaration. Beginning October 1, 2021, carriers may enter their data via the FMCSA Portal. [Note: For assistance logging-in the FMCSA Portal, call 617-494-3003 and select Option 3. Or email FMCtechsup@dot.gov with the subject “Emergency Declaration Portal Login Assistance.”]



Federal Emergency Declarations by FMCSA Service Centers


Western Service Center


Description: Extension Of Emergency Declaration Under 49 CFR § 390.25 No. 2022-008 (July 22, 2022) Texas
Effective: 07/22/2022 | Expires on: 08/22/2022; 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), August 22, 2022, whichever is earlier.  FMCSA intends to continually review the status of this Extension of the Emergency Declaration and may take action to extend, modify, or terminate the Extension of the Emergency Declaration if conditions warrant. 


Description: Extension Of Emergency Declaration Under 49 CFR § 390.25 No. 2022-007 (July 12, 2022) Montana
Effective: 07/12/2022 | Expires on: 08/14/2022; In accordance with 49 CFR § 390.25, this Extension of Emergency Declaration is effective at 12:00 a.m. (ET) on July 15, 2022 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 14, 2022, whichever is earlier.  FMCSA intends to continually review the status of this Extension of the Emergency Declaration and may take action to extend, modify, or terminate the Extension of the Emergency Declaration if conditions warrant.


Federal Notice of Enforcement Discretion Determination


Description: Extension of Notice of Enforcement Discretion Determination No. 2022-004
Effective: 08/04/2022 | Expires on: 08/31/2022; This Notice is effective on August 4, 2022 and expires on August 31, 2022 or upon early termination by FMCSA, whichever is sooner. FMCSA intends to continually review the status of this Notice and may take action to modify or terminate the Notice before August 31, 2022 if conditions warrant.


Description: Notice of Enforcement Discretion Determination concerning certain requirements for The Household Goods Industry in 49 CFR Parts 371 subpart B and 375 [No. 2022-006] (June 24, 2022)
Effective: 06/24/2022 | Expires on: October 31, 2022; This Notice acknowledges that business owners in the household goods industry would likely face serious service disruptions in an effort to be compliant by the final rule’s effective date of June 27, 2022. This notice creates no individual rights of action and establishes no precedent for future determinations.


Canadian Emergency Declarations


There are no active Emergency Declarations at this time.


State Emergency Declarations by State


Alaska


Description: Alaska Summer Wildfires Disaster Declaration
Effective: 06/10/2022 | Expires on: TBD.


Description: Alaska Summer Wildfires Disaster Legislative Notification
Effective: 06/17/2022 | Expires on: TBD.


California


Description: Executive Department State of California (McKinney Fire)
Effective: 07/30/2022 | Expires on: TBD.


Kentucky


Description: Declaration of Emergency, Suspension of Registration Requirements, and Exemption of Hours of Service and Stoppage at Weigh Stations; Official Order No. 112920
Effective: 07/28/2022 | Expires on: 08/15/2022; This declaration of emergency shall remain in effect until 12:01 AM EST, August 15, 2022.


Description: Kentucky Executive Order 2022-457
Effective: 07/28/2022 | Expires on: TBD


Minnesota


Description: Minnesota Emergency Executive Order 22-17
Effective: 07/15/2022 | Expires on: 08/14/2022; This Executive Order is effective immediately under Minnesota Statutes 2021, section 4.035, subdivision 2, and it will remain in effect until it is rescinded by proper authority or August 14, 2022, whichever occurs first.


Montana


Description: Montana EO 4-2022 Declaring Disaster (Flooding)
Effective: 06/10/2022 | Expires on: TBD.


Virginia


Description: Declaration of a State of Emergency Due to Severe Flooding in Southwest Virginia - Number Twenty-One (2022)
Effective: 07/28/2022 | Expires on: 08/27/2022; This Executive Order shall be effective July 28, 2022, and shall remain in full force and in effect until August 27, 2022, unless sooner amended or rescinded by further executive order. Termination of this Executive Order is not intended to terminate any federal type benefits granted or to be granted due to injury or death as a result of service under this Executive Order.


West Virginia


Description: West Virginia Emergency Declaration 7.28.2022
Effective: 07/28/2022 | Expires on: TBD.


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, August 5, 2022