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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 Oregon - Extension of Emergency Declaration No. 2024-005
Effective: 09/23/2024 | Expires on: 10/01/2024; 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), October 1, 2024, whichever is earlier.

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: 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

Florida

Description: FL EO 24-208 Potential Tropical Cyclone Nine
Effective: 09/23/2024 | Expires on: 10/07/2024

Description: FLHSMV Emergency Order 24-05 Pursuant to EO 24-208
Effective: 09/23/2024 | Expires on: 10/07/2024

Georgia

Description: GA EO 09.24.24.01 Tropical Storm Helene
Effective: 09/24/2024 | Expires on: 10/02/2024

Kentucky

Description: Kentucky Declaration of Emergency No. 113789 Tropical Storm Helene
Effective: 09/24/2024 | Expires on: 10/07/2024

North Carolina

Description: North Carolina Executive Order 315 for Tropical Storm Helene
Effective: 09/25/2024 | Expires on: 10/8/2024; This Executive Order is effective immediately and 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 days (14). 

Description: North Carolina Executive Order No. 314
Effective: 09/18/2024 | Expires on: 10/02/2024

South Carolina

Description: South Carolina Executive Order 2024-24 for Hurricane Helene
Effective: 09/24/2024 | Expires on: 10/07/2024;  This Order is effective immediately and shall remain in effect for a period of fifteen (15) days unless otherwise expressly stated herein or modified, amended, or rescinded by subsequent Order.

Tennessee

Description: Tennessee Executive Order No. 105 for Hurricane Helene
Effective: 09/07/2024 | Expires on: 10/11/2024  Paragraph 9 of this Order shall remain in effect until 11:59 p.m., Central Time, on October 11, 2024.

Virginia

Description: Virginia Executive Order 37 (2024) due to Hurricane Helene
Effective: 09/25/2024 | Expires on: 10/10/2024

West Virginia

Description: West Virginia Governor Proclamation for Hurricane Helene
Effective: 09/26/2024 | Expires on: 10/11/2024

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: Tuesday, October 1, 2024