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Exemptions

FMCSA Part 381 Exemptions in Effect

 

An exemption provides temporary relief from one or more FMCSRs to a person subject to the regulations or to a person who intends to engage in an activity that would be subject to the regulations.  A person or class of persons may apply for an exemption if one or more of the FMCSRs prevents them from implementing more efficient or effective operations that would maintain a level of safety equivalent to, or greater than the level, achieved without the exemption.  FMCSA is required by statute to request public comment prior to granting an exemption.  After considering the public comments, FMCSA must determine that the terms and conditions of the exemption would likely achieve a level of safety equivalent to that provided by the regulations from which the entity would be exempted. 

An exemption provides the person or class of persons with relief from the regulations for up to 5 years and may be renewed.  Exemptions may be granted only from one or more requirements in 49 CFR parts 382, 383, 391, 392, 393, 395, 396 (except for section 396.25), and 399.  The name of the person or class of persons who will receive the exemption, the specific regulations from which the person(s) will be exempted, the time period, and all terms and conditions of the exemption are published in the Federal Register for notice and comment. 

FMCSA invites all interested parties to notify FMCSA immediately if they observe any safety problems associated with any of  these exemptions. FMCSA is required to revoke an exemption immediately if the person fails to comply with the terms and conditions of the exemption, if the exemption has resulted in a lower level of safety than was maintained before the exemption was granted, or if continuation of the exemption would not be consistent with the goals and objectives of the regulations issued under the authority of 49 U.S.C. chapter 313 or 49 U.S.C. 31136.

*Drivers must have a copy of the corresponding federal register notice in their possession while operating under the terms of said exemption. The exemption document must be presented to law enforcement officials upon request.

**Hours of Service Final Rule published on June 1, 2020, effective date September 29, 2020, supersedes this exemption.