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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 the Modified Emergency Declaration 2020-002 Under 49 CFR § 390.25 (November 29, 2021)
Effective: 12/01/2021 | Expires on: 02/28/2022; In accordance with 49 CFR § 390.25, this extension of the modified Emergency Declaration No. 2020-002 is effective at 12:00 A.M. (ET), December 1, 2021 and shall remain in effect until 11:59 P.M. (ET), February 28, 2022, modification or termination by FMCSA, or revocation of the declaration of national emergency under 42 U.S.C. § 5191(b), whichever is soonest.  


Description:  Notice of Enforcement Discretion Determination Regarding Canadian Motor Carriers and Drivers Providing Direct Assistance to the Flooding and Landslides Emergency in British Columbia
Effective: 11/23/2021 | Expires on: TBD; This Notice will automatically expire upon the termination or expiration of Regional Emergency Declaration 2021-010, including any future extensions, but may be terminated sooner at FMCSA’s discretion. 


"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

Eastern, Midwestern, Southern and Western Service Centers


Description: ESC-WSC-SSC-MSC Amended Regional Emergency Declaration 2022-001 - Heating Fuel - 01-20-2022
Effective: 01/20/2022 | Expires on: 02/06/2022; 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), February 6, 2022, 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: ESC-WSC-SSC-MSC - Amended Regional Emergency Declaration 2022-001 - Heating Fuel - 01-14-2022
Effective: 01/14/2022 | Expires on: 02/06/2022; 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), February 6, 2022, 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: ESC-WSC-SSC-MSC - Amended Regional Emergency Declaration 2022-001 - Heating Fuel - 01-11-2022
Effective: 01/11/2022 | Expires on: 02/06/2022; 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), February 6, 2022, 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: ESC-WSC-SSC-MSC - Regional Emergency Declaration 2022-001 - Heating Fuel - 01-07-2022
Effective: 01/07/2022 | Expires on: 02/06/2022; This Emergency Declaration shall remain in effect until the end of the emergency (as defined in 49 CFR § 390.5) or until 11:59 P.M. (ET), February 6, 2022, whichever is earlier.


Canadian Emergency Declarations


British Columbia


Description: Extension of Emergency Declaration 2021-010 - 12-17-2021 -- Regarding Canadian Motor Carriers and Drivers Providing Direct Assistance to the Flooding and Landslides Emergency in British Columbia
Effective: 12/24/2021 | Expires on: 01/31/2021; In accordance with 49 CFR § 390.25, this Extension of Emergency Declaration 2021-010 is effective at 12:00 a.m. on December 24, 2021 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), January 31, 2022, whichever is earlier.  FMCSA intends to continually review the status of this Extension of the Emergency Declaration and may take action to modify or terminate the Emergency Declaration sooner if conditions warrant.


Description: Regional Emergency Declaration Under 49 CFR § 390.23 No. 2021-010 - Canadian Motor Carriers And Drivers Providing Direct Assistance To The Flooding And Landslides Emergency In British Columbia
Effective: 11/23/2021 | Expires on: 12/23/2021; 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), December 23, 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


 

American Samoa


Description: American Samoa amended emergency declaration mandatory vaccination
Effective: 11/01/2021 | Expires on: TBD; This amendment to the Declaration will be effective immediately and will remain in effect until the Declaration expires.


Iowa


Description: Iowa Disaster Proclamation - 2022.01.06 (Propane)
Effective: 01/06/2022| Expires on: 02/05/2022; This state of disaster emergency shall be effective immediately, shall continue for thirty (30) days, and shall expire on February 5, 2022, at l l:59 p.m., unless sooner terminated or extended in writing by me.


Massachusetts


Description: Massachusetts Declaration of Emergency Notice Title 49 CFR Part 390.23
Effective: 01/13/2022 | Expires on: 02/06/2022; Consistent with Title 49 CFR Section 390.23, this emergency notice will remain in effect through 11:59 P.M., February 6, EST or sooner if terminated by the Governor.


Minnesota


Description: Minnesota Executive Order 22-01
Effective: 01/07/2022 | Expires on: 02/06/2022; Upon the expiration of this Executive Order, or when a driver or motor carrier has been relieved of all duty and responsibility to provide direct assistance to the emergency relief efforts, a driver must take at least 34 consecutive hours off duty. This requirement does not apply if a driver has already had a 34-hour restart period during the 30 days covered by this Executive Order.


Montana


Description: Montana EO 1-2022 Declaring a State of Energy Emergency
Effective: 01/19/2022 | Expires on: 02/18/2022; This Order is effective January 19, 2022 and expires on February 18, 2022.


New Jersey


Description: New Jersey Administrative Order 2022-01
Effective: 01/06/2022 | Expires on: TBD; This Order shall take effect at 10:00 p.m. on Thursday, January 6, 2022 and shall remain in effect until such time that this Order is terminated.


North Carolina


Description: North Carolina Executive Order No. 248
Effective: 01/19/2022 | Expires on: 02/18/2022; This Executive Order shall remain in effect for thirty (30) days or the duration of the emergency, whichever is less.


Description: North Carolina EO247-SOE-Transportation Waiver_Winter Storm 2022
Effective: 01/13/2022 | Expires on: 02/12/2022; This Executive Order shall remain in effect for thirty (30) days or the duration of the emergency, whichever is less.


North Dakota


Description: North Dakota Executive Order 2022-01
Effective: 01/04/2022 | Expires on: 02/03/2022; This order is effective immediately and shall remain in effect for 30 days. Dated this 4th day of January, 2022.


South Carolina


Description: South Carolina Executive Order No. 2022-06
Effective: 01/19/2022 | Expires on: 02/04/2022; 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.


Description: South Carolina Executive Order No. 2022-04 - State of Emergency Due to Severe Winter Weather
Effective: 01/14/2022 | Expires on: 01/29/2022; 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. Further proclamations, orders, and directives deemed necessary to ensure the fullest possible protection of life and property during this State of Emergency shall be issued orally by the undersigned and thereafter reduced to writing and published for dissemination within the succeeding 24-hour period.


Utah


Description: Utah Emergency Declaration 1.5.2022
Effective: 01/04/2022 | Expires on: 02/03/2022; This order is effective immediately and shall remain in effect for 30 days unless the Legislature extends the state of emergency.

Virginia


Description: Virginia Executive Order No. 15
Effective: 01/27/2022 | Expires on: 02/26/2022; This Executive Order shall be effective January 27, 2022, and shall remain in full force and in effect until February 26, 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.


Description: Virginia Executive Order No. 12 Declaration of A State of Emergency Due to Severe Winter Weather
Effective: 01/20/2022 | Expires on: 02/19/2022; This Executive Order shall be effective January 20, 2022, and shall remain in full force and in effect until February 19, 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.


Description: Virginia Transportation Waiver 01/06/2022
Effective: 01/06/2022 | Expires on: 01/31/2022; This waiver is effective beginning 6 PM January 6, 2022, until 6 PM January 31, 2022, and includes an exemption in coordination with the Virginia Department of Emergency Management which activates the FMSCA Section 390.23 Relief of Regulations including hours of service. This waiver only pertains to statewide shippers and carriers associated with emergency relief efforts.


Description: Virginia EO-85-Declaration of a State of Emergency
Effective: 01/14/2022 | Expires on: 02/13/2022; This Executive Order shall be effective January 14, 2022, and shall remain in full force and in effect until February 13, 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.


Description: Virginia Declaration of a State of Emergency 83-2022
Effective: 01/02/2022 | Expires on: 01/31/2022; This Executive Order shall remain in full force and in effect until January 31, 2022 unless sooner amended or rescinded by further executive order.


Wyoming


Description: Wyoming 22-01-07 Propane Delivery EO
Effective: 01/07/2022 | Expires on: 02/07/2022; Be it further ordered, this Executive Order is effective immediately and shall expire upon the conclusion of the emergency, but no later than midnight, February 7, 2022.


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: Thursday, January 27, 2022