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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


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.”]


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

Western Service Center


Description: WSC - Extension of Emergency Declaration Under 49 CFR § 390.25 No. 2021-009 - (North Dakota)
Effective: 11/24/2021 | Expires on: 12/24/2021; In accordance with 49 CFR § 390.25, this Extension of the Emergency Declaration is effective at 12:01 a.m. on November 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), December 24, 2021, whichever is earlier.  


Canadian Emergency Declarations


British Columbia


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


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.


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.


California


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


Georgia


Description: Georgia Executive Order Extension
Effective: 10/21/2021 | Expires on: 11/27/2021; That the State of Emergency for Continued COVID-19 Economic Recovery shall terminate on Saturday, November 27, 2021, at 11:59 P.M., unless it is renewed by the Governor.


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.


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, November 23, 2021