USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

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:  SSC - Extension of Emergency Declarations - Hurricanes Helene and Milton - 11-22-2024
State:  FLORIDA, GEORGIA, NORTH CAROLINA, AND TENNESSEE
Effective: 11/22/2024 | Expires on:  This Extension of Emergency Declarations shall remain in effect until the end of the emergency (as defined in 49 CFR § 390.5T) until 11:59 P.M. (ET) on:

  • December 2, 2024 for the State of Florida; 
  • December 11, 2024 for the State of Georgia; and
  • December 26, 2024 for the States of North Carolina and Tennessee.

Description: November 08, 2024: SSC Amended Extension of Emergency Declarations - Hurricanes Helene and Milton - Nos. 2024-008 and 2024-010
Effective: 11/08/2024 | Expires on: 11/26/2024; In accordance with 49 CFR § 390.25, this Amended Extension of Emergency Declarations 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), November 26, 2024, whichever is earlier. FMCSA intends to continually review the status of this Declaration and the relief granted herein. As necessary, FMCSA may take action to modify this Amended Extension of Emergency Declarations, including modification of the transportations and commodities covered by the Amended Extension of Emergency Declarations, and extend, or terminate the Declaration if conditions warrant.

Federal Emergency Declarations by FMCSA Service Centers

Description: SSC October 17, 2024: SSC - Emergency Declaration - Hurricane Milton - No. 2024-010 - 10-17-2024 (Florida)
Effective: 10/17/2024 | Expires on: 11/04/2024; In accordance with 49 CFR §§ 390.23 and 390.25, this 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), November 4, 2024, whichever is earlier. FMCSA intends to continually review the status of this Declaration and the relief granted herein. As necessary, FMCSA may take action to modify this Declaration, including modification of the transportations and commodities covered by the Declaration, and extend, or terminate the Declaration if conditions warrant.

Federal Notice of Enforcement Discretion Determination

Description: October 4, 2024: NOTICE OF ENFORCEMENT DISCRETION DETERMINATION No. 2024-009
Effective: 10/04/2024 | Expires on: TBD; This Notice will expire upon the expiration of Regional Declaration of Emergency and Extension of State Declarations 2024-008, including any future extensions.

Canadian Emergency Declarations

There are no active Emergency Declarations at this time.

State Emergency Declarations by State

Florida

Description: Florida EO-24-214 Tropical Storm Milton
Effective: 10/05/2024| Expires on: 12/04/2024; This Executive Order shall expire sixty (60) days from this date unless extended.

New Mexico

Description: New Mexico Executive-Order-2024-155
Effective: 10/21/2024| Expires on: This Order shall remain in effect until all authorized funds are expended or no longer necessary to provide emergency assistance.

South Carolina

Description: SC 2024-11-07 Executive Order No. 2024-33 - State of Emergency to Address Flooding & Other Dangerous Conditions
Effective: 11/07/2024| Expires on: 11/21/2024

Texas

Description: Texas- Disaster Declaration for Wildfires 10/14/2024
Effective: 10/14/2024| Expires on: 10/28/2024

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.


Subscribe 

Subscribe to Email Updates

Last updated: Sunday, November 24, 2024