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United States Department of Transportation United States Department of Transportation

HOS exemption under State or FMCSA emergency declaration extends to interstate transportation if providing direct assistance

Q:  If a State or FMCSA issues an emergency declaration for the transportation of goods in direct assistance of the emergency, for example aviation fuel for emergency wildfire suppression, and a driver picks up a load of aviation fuel in another State and transports it to the State with the emergency declaration, does the regulatory relief in the emergency declaration apply to the driver?

A:  Yes.  For example, if the Governor of the State of Wyoming issues an emergency declaration for the transportation of aviation fuel for wildfire suppression, and a driver picks up aviation fuel in Nevada to be transported to Wyoming for wildfire suppression and the trip goes through Idaho into Wyoming, the trip is covered by the emergency declaration.

If the driver then heads back to Nevada to pick up more aviation fuel to deliver to Wyoming, the trip is still covered by the emergency declaration.

BUT, once the driver is no longer providing direct assistance to the state emergency, in Wyoming in this example, such as deadheading back to Nevada to pick up cargo not related to the Wyoming emergency, OR later transporting aviation fuel again from Nevada to be delivered to a state not subject to a specified emergency declaration, the driver is no longer covered by the emergency declaration.

Last updated: Wednesday, July 21, 2021