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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



Declarations 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.”]

Description: Extension and Amendment of Emergency Declaration No. 2020-002 Under 49 CFR § 390.25 (September 1, 2021)
Effective: 09/01/2021 | Expires on: 11/30/2021 In accordance with 49 CFR § 390.25, this extension and amendment of Emergency Declaration No. 2020-002 is effective at 12:00 A.M. (ET), September 1, 2021 and shall remain in effect until 11:59 P.M. (ET), November 30, 2021, modification or termination by FMCSA, or revocation of the declaration of national emergency under 42 U.S.C. § 5191(b), whichever is soonest.



Federal Emergency Declarations by FMCSA Service Centers

Southern Service Center


Description: SSC - Louisiana - Extension of Regional Emergency Declaration 2021-008 - Hurricane Ida - 09-29-2021
Effective: 09/29/2021 | Expires on: 10/28/2021; In accordance with 49 CFR § 390.25, this Extension of Emergency Declaration No. 2021-008 is effective immediately and shall remain in effect until the end of the emergency (as defined in 49 CFR § 390.5) or until 11:59 P.M. (ET), October 28, 2021, whichever is earlier.  FMCSA intends to continually review the status of this Emergency Declaration and may take action to modify or terminate the Extension of Emergency Declaration No. 2021-008 sooner if conditions warrant.


Southern and Western Service Centers


Description: SSC - WSC - Regional Emergency Declaration 2021-008 - Hurricane Ida - 08-29-2021 (ALABAMA, ARKANSAS, LOUISIANA, MISSISSIPPI, TENNESSEE, TEXAS)
Effective: 08/29/2021 | Expires on: 09/28/2021; In accordance with 49 CFR § 390.23, this Emergency Declaration is effective immediately and shall remain in effect until the end of the emergency (as defined in 49 CFR § 390.5) or until 11:59 P.M. (ET), September 28, 2021, whichever is earlier. FMCSA intends to continually review the status of this Emergency Declaration and may take action to modify or terminate the Emergency Declaration sooner if conditions warrant.


Western Service Center


Description: Extension of Emergency Declaration Under 49 CFR § 390.25 - No. 2021-007 - (CALIFORNIA)
Effective: 08/24/2021 | Expires on: 09/30/2021; In accordance with 49 CFR § 390.25, this Extension to the Emergency Declaration is effective immediately and shall remain in effect until the end of the emergency (as defined in 49 CFR § 390.5) or until 11:59 P.M. (ET), September 30, 2021, whichever is earlier.  FMCSA intends to continually review the status of this Extension to the Emergency Declaration and may take action to modify or terminate the Emergency Declaration sooner if conditions warrant.


Description: WSC - SD - Regional Emergency Declaration 2021-006 - 08-19-2021
Effective: 08/19/2021 | Expires on: 09/19/2021; In accordance with 49 CFR § 390.23, this declaration is effective immediately and shall remain in effect until the end of the emergency (as defined in 49 CFR § 390.5) or until 11:59 P.M. (ET), or September 19, 2021, whichever is earlier.  FMCSA intends to continually review the status of this Emergency Declaration and may take action to modify or terminate the Emergency Declaration sooner if conditions warrant.


Description: Extension of Emergency Declaration Under 49 CFR § 390.25; No. 2021-003: MONTANA
Effective: 07/27/2021 | Expires on: 09/30/2021; 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 § 390.5) or until 11:59 P.M. (ET), September 30, 2021, whichever is earlier. FMCSA intends to continually review the status of this Emergency Declaration and may take action to modify or terminate the Emergency Declaration sooner if conditions warrant.


Description: Extension of Emergency Declaration Under 49 CFR § 390.25; No. 2021-004: OREGON
Effective: 07/27/2021 | Expires on: 09/30/2021; 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 § 390.5) or until 11:59 P.M. (ET), September 30, 2021, whichever is earlier. FMCSA intends to continually review the status of this Emergency Declaration and may take action to modify or terminate the Emergency Declaration sooner if conditions warrant.


Description: Extension of Emergency Declaration Under 49 CFR § 390.25; No. 2021-005: IDAHO
Effective: 07/27/2021 | Expires on: 09/30/2021; 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 § 390.5) or until 11:59 P.M. (ET), September 30, 2021, whichever is earlier. FMCSA intends to continually review the status of this Emergency Declaration and may take action to modify or terminate the Emergency Declaration sooner if conditions warrant.


State Emergency Declarations by State


Alabama


Description: Alabama 522131307-2021-08-28-SOE-Hurricane-Ida
Effective: 08/28/2021 | Expires on: TBD; This proclamation, and all subsequent orders, laws, rules, or regulations issued pursuant hereto, shall remain in full force and effect for the duration of this state of emergency, unless rescinded or extended by proclamation.


California


Description: California Proclamation of a State of Emergency for Dixie-Fly-Tamarack Fires
Effective: 07/23/2021 | Expires on: TBD.


Connecticut


Description: Connecticut Declaration of Emergency_09.10.2021
Effective: 09/10/2021 | Expires on: 10/10/2021; Consistent with CGS § l4-163c, and the Regulations of Connecticut State Agencies § l4-163c-l0, this emergency exemption notice will remain in effect until October 10, 2021 11:59 p.m. EST.


Description: Connecticut 20210902-Ida-declaration-of-civil-preparedness-emergency
Effective: 09/02/2021 | Expires on: TBD


Florida


Description: STATE OF FLORIDA EXECUTIVE ORDER NUMBER 21-190 (Emergency Management - Tropical Depression Fred)
Effective: 08/13/2021 | Expires on: 10/12/2021; This Executive Order shall expire sixty days from this date unless extended.


Georgia


Description: Georgia EO COVID-19 Economic Recovery Reg. Suspensions
Effective: 09/20/2021 | Expires on: TBD;This Order shall remain effective until the State of Emergency for Continued COVID- 19 Economic Recovery declared by Executive Order 06.30.21.01, and renewed by Executive Orders 07.22.21.01, 08.19.21.01, and 09.20.21.01, is terminated or ceases to be renewed by the Governor, the provision expires by the nature of its terms, or the provision is otherwise terminated via subsequent Executive Order.


Description: Georgia EO Renewal of State of Emergency for Continued COVID-19 Economic Recovery
Effective: 09/20/2021 | Expires on: 10/28/2021; That the State of Emergency for Continued COVID-19 Economic Recovery shall terminate on Thursday, October 28, 2021, at 11:59 P.M., unless it is renewed by the Governor.


Louisiana


Description: Louisiana 173JBE2021 State of Emergency TS Nicholas
Effective: 09/12/2021 | Expires on: 10/11/2021; This order is effective upon signature and shall remain in effect from Sunday, September 12, 2021 to Monday, October 11, 2021, unless terminated sooner.


Description: Louisiana State of Emergency Tropical Storm Ida Aug 2021
Effective: 08/26/2021 | Expires on: 09/27/2021; This order is effective upon signature and shall remain in effect from Thursday, August 26, 2021 to Monday, September 27, 2021, unless terminated sooner.


Minnesota


Description: Minnesota EO 21-30 Final
Effective: 08/27/2021 | Expires on: 09/26/2021; This Executive Order is effective immediately under Minnesota Statutes 2020, section 4.035, subdivision 2, and remains in effect for 30 days.


Mississippi


Description: MS State of Emergency Declaration Hurricane Ida Aug 28 2021
Effective: 08/28/2021 | Expires on: TBD


Montana


Description: Montana EO 9-2021 Drivers Hours Emergency
Effective: 06/15/2021 | Expires on: 09/30/2021; This Order is effective June 15, 2021 and expires on September 30, 2021.


Nevada


Description: Nevada Declaration of Emergency for the Tamarack Wildfire
Effective: 07/23/2021 | Expires on: TBD.


New Jersey


Description: New Jersey Emergency Declaration IDA Exec Order 259
Effective: 09/01/2021 | Expires on: TBD; This Order shall remain in effect until such time as it is determined that an emergency no longer exists.


New York


Description: New York Executive Order# 2 - Hurricane (Post-Tropical Depression) Ida 090221
Effective: 09/02/2021 | Expires on: 10/02/2021; This Executive Order shall be in effect through October 2, 2021.


Description: NEW YORK DECLARATION EO-213 HENRI
Effective: 08/21/2021 | Expires on: 09/20/2021; I hereby temporarily modify, for the period from the date of this Executive Order through September 20, 2021, the following laws.


North Carolina


Description: North Carolina EO230 - Extending Transportation Provisions
Effective: 08/31/2021 | Expires on: 11/30/2021; This Executive Order is effective immediately. This Executive Order shall remain in effect through the end of the calendar day on November 30. 2021, unless repealed. replaced, or rescinded by another applicable Executive Order. An Executive Order rescinding the Declaration of a State of Emergency will automatically rescind this Executive Order.


North Dakota


Description: State of North Dakota State Executive Order 2021-15
Effective: 09/22/2021 | Expires on: 10/21/2021; This order is effective immediately and shall remain in effect for 30 days.


Description: North Dakota is experiencing the worst drought on record (Executive Order 2021-13)
Effective: 08/09/2021 | Expires on: 09/08/2021; This order is effective immediately and shall remain in effect for 30 days.


Pennsylvania


Description: Pennsylvania 2021.08.31-TWW-Hurricane-Ida-disaster-emergency-proclamation
Effective: 0831/2021 | Expires on: TBD


Rhoda Island


Description: Rhode Island Emergency Declaration #21-88 Hurricane Henri
Effective: 08/20/2021 | Expires on: TBD; This Order shall remain in full force and effect until the threat or danger has passed, or the emergency conditions no longer exist.


Tennessee


Description: Tennessee Exec Orders-lee85
Effective: 08/25/2021 | Expires on: 10/20/2021; This Order shall remain in effect until 11:59 p.m., Central Time, on October 20, 2021, at which time the suspension of any state laws and rules shall cease and be of no further force and effect.


Texas


Description: Texas Tropical Storm Nicholas 09.13.21
Effective: 09/13/2021 | Expires on: TBD


Virginia


Description: Virginia EO-81-Declaration-of-a-State-of-Emergency-Due-to-Severe-Weather
Effective: 08/30/2021 | Expires on: 09/28/2021; This Executive Order shall be effective August 30, 2021, and shall remain in full force and in effect until September 28, 2021 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.


Washington


Description: Washington Emergency Proclamation 21-10
Effective: 07/06/2021 | Expires on: 09/30/2021.


West Virginia 


Description: West Virginia Hurricane Ida SOE
Effective: 08/31/2021 | 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, October 8, 2021