Federal Motor Carrier                        
Safety Administration                        

May 5, 2026

REGIONAL EMERGENCY DECLARATION AND 
EXTENSION OF EMERGENCY DECLARATIONS
PURSUANT TO 49 CFR §§ 390.23 AND 390.25
No. 2026-003

FLORIDA AND GEORGIA

The United States Department of Transportation (USDOT), Federal Motor Carrier Safety Administration (FMCSA) declares that an emergency exists that warrants issuance of a Regional Emergency Declaration and extension of the emergency declarations issued by the  Governors of Florida and Georgia to continue emergency relief granted from certain regulatory requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). This Declaration is in response to widespread wildfires and their effect on people and property, including immediate threats to human life, public safety, and public welfare. This Declaration addresses the emergency conditions creating a need for immediate transportation relating to the restoration of essential supplies and essential services, and provides necessary relief. Affected States included in this Declaration are Florida and Georgia.  

On April 22, 2026, the Governor of the State of Georgia issued a State of Emergency related to more than ninety wildfires in the State and severe drought conditions creating an extreme and widespread threat; pursuant to 49 CFR § 390.23(b), the emergency regulatory relief from Federal regulations expires on May 5, 2026.

The State of Florida issued an emergency order (Emergency Order 26-03 pursuant to Executive Order 26-80) on April 25, 2026 declaring an emergency due to extreme drought conditions, widespread rainfall deficits across the State, and current impacts by multiple active wildfires; the emergency regulatory relief from Federal regulations expires on May 9, 2026. On or about April 26, 2026, the State of Florida requested FMCSA extend the emergency regulatory relief from Federal hours-of-service regulations for commercial motor vehicle drivers and motor carriers providing direct assistance to the emergency.

Because emergency conditions have not abated in the region, FMCSA is issuing this Declaration and granting regulatory relief in accordance with 49 CFR §§ 390.23 and 390.25 as set forth herein.

The Declaration provides regulatory relief for commercial motor vehicle operations while providing direct assistance supporting emergency relief efforts involving transportation and other relief services incident to the immediate restoration of essential supplies or essential services in the Affected States. By execution of this Declaration, motor carriers and drivers providing direct assistance to the emergency in the Affected States are granted emergency relief from 49 CFR § 395.3, maximum driving time for property-carrying vehicles, and 49 CFR § 395.5, maximum driving time for passenger-carrying vehicles, subject to the restrictions and conditions set forth herein. The regulatory relief under this Declaration applies regardless of the origin of the trip, so long as the carrier or driver is providing direct assistance to the emergency in the Affected States. Direct assistance does not include transportation related to long-term rehabilitation of damaged physical infrastructure after the initial threat to life and property has passed, nor does it include routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of the Declaration.  

Emergency Declaration Restrictions & Conditions

By execution of this Extension of Emergency Declaration, motor carriers and drivers providing direct assistance to the emergency in the Affected States as set forth herein are granted emergency relief from regulations in 49 CFR § 395.3, maximum driving time for property-carrying vehicles, and 49 CFR § 395.5, maximum driving time for property-carrying vehicles, subject to the following restrictions and conditions:

1. Nothing in this Emergency Declaration shall be construed as a waiver of or exemption from any applicable requirements or any portion of the FMCSRs (49 CFR Parts 350–399) including the controlled substance and alcohol uses and testing requirements (49 CFR Part 382), the commercial driver’s license requirements (49 CFR Part 383), or the financial responsibility (insurance) requirements (49 CFR Part 387); Federal Hazardous Materials Safety Regulations (HMRs) (49 CFR Parts 100–180); vehicle size and weight limitations, as well as route designations administered by the Federal Highway Administration (23 CFR Part 658; 23 U.S.C. § 127; 49 U.S.C. §§ 31111–31115); or any other regulations for which relief is not specifically granted herein.  

Motor carriers or drivers currently subject to an out-of-service order are not eligible for the relief granted by this Extension of Emergency Declaration until they have met the applicable conditions for its rescission and the order has been rescinded in writing by the issuing jurisdiction.

2. This Emergency Declaration provides for regulatory relief from 49 CFR §§ 395.3 and 395.5 for commercial motor vehicle operations while providing direct assistance supporting emergency relief efforts. Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts related to the emergency as set forth in this Emergency Declaration, or when the motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce. (49 CFR § 390.23(e)). Upon termination of direct assistance to emergency relief efforts related to the emergency as set forth in this Emergency Declaration, the motor carrier and driver are subject to the requirements of 49 CFR §§ 395.3 and 395.5 while operating commercial motor vehicles in interstate commerce, except that a driver may return empty to the motor carrier’s terminal or the driver’s normal work reporting location without complying with 49 CFR §§ 395.3 and 395.5, except as noted herein. When a driver is moving from emergency relief efforts to normal operations, (1) if a driver is transporting property, a 10-hour break is required when the total time a driver is engaged in emergency relief efforts, or in a combination of emergency relief and normal operations, equals or exceeds 14 hours; and (2) if a driver is transporting passengers, an 8-hour break is required when the total time a driver is engaged in emergency relief efforts, or a combination of emergency relief and normal operations, equals or exceeds 10 hours.      

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), June 5, 2026, whichever is earlier. FMCSA intends to review continually 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 this Declaration if conditions warrant.  

Issued this 5th day of May 2026

       Derek D. Barrs
 Administrator