FLORIDA HIGHWAY SAFTEY AND MOTOR VEHICLES

Dave Kerner
Executive Director

2900 Apalachee Parkway
Tallahassee, Florida 32399-0500
www.flhsmv.gov

Emergency Order 26-03
Pursuant to Executive Order 26-80
(Emergency Management- Impacts of Winter Weather, Droughts, and Wildfire Risks)
 

WHEREAS, on February 9, 2026, Governor Ron DeSantis issued Executive Order 26-33, which was most recently amended and extended through June 9, 2026, declaring a state of emergency in Florida due to the impacts of winter weather and extreme drought; and

WHEREAS, Florida continues to experience extreme drought conditions and widespread rainfall deficits across the State; and

WHEREAS, extreme weather conditions have created an increased wildfire risk; and

WHEREAS, the state is currently being impacted by multiple active wildfires; and

WHEREAS, in Executive Order 26-33, Governor Ron DeSantis granted the Executive Director of the Department of Highway Safety and Motor Vehicles (DHSMV) authorization to take certain actions relative to various matters within the authority of DHSMV.

NOW, THEREFORE, I, Dave Kerner, Executive Director of the Department, pursuant to Executive Order 26-33, as amended by Executive Order 26-80, promulgate the following DHSMV Emergency Order to take immediate effect:

1.    Pursuant to 49 CFR § 390.23, motor carriers and drivers operating a commercial motor vehicle to provide emergency relief during an emergency are exempt from 49 CFR Parts 395.3 and 395.5
until May 9, 2026 (14 days from the date of this Order) under the following conditions and provisions:

a.    Regulatory relief for commercial motor vehicle operations is granted only in direct assistance while providing emergency relief. Direct assistance terminates when a driver or commercial motor vehicle is used in commerce to transport cargo or provide services not directly supporting the emergency relief effort.

b.    Regulatory relief does not extend to controlled substances and alcohol use and testing requirements (49 CFR Part 382), commercial diver's license requirements (49 CFR Part 383), financial responsibility (insurance) requirements (49 CFR Part 387), applicable size and weight requirements, or any other portion of the regulations not specifically authorized under 49 CFR § 390.23.

c.    Regulatory relief does not extend to provisions provided in chapters 316, 320, and 322, Florida Statutes, and operation shall be in accordance with state traffic laws and the driver's ability to remain alert, attentive and free of impairment, fatigue, illness, distraction or similar cause that would reduce the diver's ability to safely operate the commercial motor vehicle.

d.    Motor carriers or drivers who are directly or indirectly subject to a current Out-of-Service Order are not eligible for the relief granted by this declaration until they have met the applicable conditions for the order's recission and the order has been rescinded by the Florida Highway Patrol, the Federal Motor Carrier Safety Administration, or the jurisdiction that issued the Out-of-Service Order, whichever is applicable.

e.    Drivers operating commercial motor vehicles for the motor carrier operating under this declaration must maintain a copy of the declaration in their possession.

f.    Upon termination of direct assistance to the emergency relief effort, the motor carrier and driver are subject to the requirements of 49 CFR Parts 395.3 and 395.5, except that a driver may return empty to the motor carrier's terminal or the driver's normal work reporting location under the terms of the declaration. Direct assistance terminates when a driver or commercial motor vehicle is used in commerce to transport cargo not in direct furtherance of the emergency relief efforts.

g.    Upon termination of direct assistance to the emergency relief effort, no motor carrier shall require or permit any driver used by it to drive, nor shall any such driver drive, until the driver has met the requirements of 49 CFR § 395.3, and 49 CFR § 395.5.

This Emergency Order shall expire on May 9, 2026, or on the expiration or rescission of this Emergency Order, whichever is earlier.

Executed on this 25th day of April, 2026.

Dave Kerner, Director