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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

There are no active Emergency Declarations at this time.

Federal Emergency Declarations by FMCSA Service Centers

There are no active Emergency Declarations at this time.

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

Florida

Description: Florida Executive Order 23-171
Effective: 08/26/2023 | Expires on: 10/25/2023; This Executive Order is effective immediately and shall expire sixty (60) days from this date unless extended.

Kentucky

Description: Kentucky 23.08.28 OFFICIAL ORDER 113398 - Declaration of Emergency, Suspension of Registration Requirements, and Exemption of Hours of Service and Stoppage of Weigh Stations
Effective: 08/28/2023 | Expires on: 09/30/2023; This declaration of emergency shall remain in effect until 12:01 AM EST, September 30, 2023.

Massachusetts

Description: Massachusetts Declaration of Emergency - Hurricane Lee
Effective: 09/15/2023 | Expires on: This proclamation of a STATE OF EMERGENCY shall remain in effect until notice is given, pursuant to my judgment, that the STATE OF EMERGENCY no longer exists.

North Carolina

Description: North Carolina EO288 - SOE PTC Sixteen
Effective: 09/22/2023 | Expires on: 10/22/2023; This Executive Order shall remain in effect for thirty (30) days, unless earlier terminated.

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, September 26, 2023