FOR IMMEDIATE DISTRIBUTION
August 3, 2017
Subject: Emergency Relief from Motor Carrier Safety Regulations
Governor Kate Brown has declared a state of emergency in response to wildfire activity across the state of Oregon. Hot, dry, and windy conditions and forecasts for more thunderstorms around the state have resulted in multiple red flag warnings, placing Oregon in a critical fire danger situation. Pursuant to 49 CFR Part 390.23(a), motor carriers and drivers providing direct assistance for emergency relief efforts related to these fire danger conditions are exempted from Parts 390 to 399 of the Federal Motor Carrier Safety Regulations until September 2, 2017.
Motor carriers or drivers currently subject to an out-of-service order are not eligible for the exemption until the order expires or they have met the conditions for its rescission.
Nothing contained in this declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver’s license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), operating authority (49 CFR Part 365), applicable size and weight requirements, or any other portion of the regulations not specifically identified.
The 390.23 exemption shall not exceed the duration of the motor carrier’s or driver’s direct assistance in providing emergency relief. Upon termination of direct assistance to the emergency relief effort, the driver may return empty to the motor carrier’s terminal or driver’s normal work reporting location without complying with the regulations.
If, during your inspection duties, you stop a commercial motor vehicle who is providing services in support of this emergency, or who is returning empty, DO NOT perform a truck inspection of any kind.
Oregon Department of Transportation
Motor Carrier Transportation Division
cc: FMCSA, Salem