§ 390.23 Relief from regulations Do I need to stop at weigh stations when operating under a declared emergency exemption?

Do I need to stop at weigh stations when operating under a declared emergency exemption?

Weigh stations are managed by individual States, so requirements to stop vary.  Unless advised otherwise, you should assume that normal rules apply even during a declared emergency...

Part 390 § 390.23 Relief from regulations An emergency declaration states that after completed work under the declaration and returning to normal operations, a commercial vehicle driver must take 10 hours off. What if there is nowhere at the location for

An emergency declaration states that after completed work under the declaration and returning to normal operations, a commercial vehicle driver must take 10 hours off.  What if there is nowhere at the location for the driver to park?

The driver may proceed to the nearest...

Part 390 § 390.23 Relief from regulations What documentation is needed to verify that the driver is operating under an emergency declaration?

What documentation is needed to verify that the driver is operating under an emergency declaration?

There is no specific documentation required for verification.  Retention of ordinary business records, such as the bill of lading, may be useful later for the convenience of the...

Part 390 § 390.23 Relief from regulations What does a driver need to do when returning to normal operations after operating under an emergency declaration?

What does a driver need to do when returning to normal operations after operating under an emergency declaration?

Upon completion of the direct assistance activities and prior to returning to normal operations, the driver is required to take 10 consecutive hours off duty before driving...

Part 390 § 390.23 Relief from regulations If there is an ELD in the truck, what should a driver do to account for the miles driven under an emergency declaration?

If there is an ELD in the truck, what should a driver do to account for the miles driven under an emergency declaration?

There are three options

Use the “authorized personal use” (personal conveyance) function of the ELD to record all of the time providing direct assistance...

Part 390 § 390.23 Relief from regulationsIs the driver required to use a paper logbook or ELD when providing direct assistance under an emergency declaration?

Is the driver required to use a paper logbook or ELD when providing direct assistance under an emergency declaration?

No, the emergency exemption includes relief from all the hours-of service regulations in 49 CFR part 395, including the recordkeeping requirements (i.e.,...

Part 390 § 390.23 Relief from regulations How do the hours a driver worked under an emergency exemption impact the 60/70-hour rule when the driver goes back to normal operations?

How do the hours a driver worked under an emergency exemption impact the 60/70-hour rule when the driver goes back to normal operations?

The hours worked providing direct assistance under the emergency relief exemption do not count toward the 60/70- hour rule. 

Part 390 § 390.23 Relief from regulations Is a driver required to take a 30-minute break while providing direct assistance under an emergency declaration?

Is a driver required to take a 30-minute break while providing direct assistance under an emergency declaration?

No, none of the hours of service regulations apply while the driver is engaged with providing direct assistance under the emergency relief exemption.

Part 390 § 390.23 Relief from regulations Are loads that include supplies related to direct assistance under the emergency declaration mixed with other, un-related materials covered under an emergency declaration?

Are loads that include supplies related to direct assistance under the emergency declaration mixed with other, un-related materials covered under an emergency declaration?

Generally, yes, however, mixed loads with only a nominal quantity of qualifying emergency...

Part 390 § 390.23 Relief from regulations Can an emergency declaration be extended?

Can an emergency declaration be extended?

Yes, under 49 CFR § 390.25 FMCSA may extend the 30-day time period of a regional emergency declaration issued under 49 CFR § 390.23(a)(1) taking into account the severity of the ongoing emergency and the nature of the relief services to be...