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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: Three-Month Waiver For States and CLP Holders (December 1, 2022)
Effective: 12/01/2022 | Expires on: 02/28/2023; This waiver is effective December 1, 2022, and expires on February 28, 2023, or upon early termination by FMCSA, whichever is sooner.


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


Alaska


Description: Alaska Summer Wildfires Disaster Declaration
Effective: 06/10/2022 | Expires on: TBD.


Description: Alaska Summer Wildfires Disaster Legislative Notification
Effective: 06/17/2022 | Expires on: TBD.


California


Description: Executive Department State of California (McKinney Fire)
Effective: 07/30/2022 | Expires on: TBD.


Florida


Description: Florida Executive Order 22-253
Effective: 11/07/2022 | Expires on: 01/06/2023; This Executive Order shall expire sixty (60) days from this date unless extended.


Description: Florida HSMV EO 110722 Subtropical Storm Nicole
Effective: 09/23/2022 | Expires on: 12/07/2022; This Emergency Order takes effect immediately and shall expire at midnight on December 7, 2022, or on the expiration or rescission of this Emergency Order or Executive Order 22-253, whichever is earlier


Indiana


Description: IN Executive-Order-22-13-BP-Whiting
Effective: 08/29/2022 | Expires on: See EO 22-13; Nothing contained in this declaration shall be construed as an exemption for any portion of the Motor Carrier Safety Regulations other than those regulating hours of service.


Montana


Description: Montana EO 4-2022 Declaring Disaster (Flooding)
Effective: 06/10/2022 | Expires on: TBD.


Nebraska


Description: Nebraska Executive Order No. 22-06
Effective: 11/01/2022 | Expires on: 11/30/2022; This emergency relief shall remain in effect until November 30, 2022, at 11:59 pm.


New York


Description: New York Executive Order No. 24
Effective: 11/17/2022 | Expires on: 12/17/2022; ... for the period from the date of this Executive Order through December 17, 2022 ...


Description: New York Fuel Waiver 11.16.22
Effective: 11/16/2022 | Expires on: 11/30/2022; The hours-of-service regulations contained in 17 NYCRR 820.6 are hereby modified with respect to the intrastate transportation of fuels performed by motor carriers between points throughout the State effective at the beginning of November 16, 2022, and terminating at the end of November 30, 2022 unless otherwise ordered:


Oklahoma


Description: Oklahoma 2022 Fall Tornado
Effective: 10/05/2022 | Expires on: 12/05/2022; ; This Executive Order shall terminate at the end of thirty (30) days.


West Virginia


Description: West Virginia Emergency Declaration 7.28.2022
Effective: 07/28/2022 | 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: Monday, November 28, 2022