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...

Part 390 § 390.23 Relief from regulations How do I log my time when operating under an emergency exemption?

How do I log my time when operating under an emergency exemption?

Since the hours-of-service rules do not apply when operating under declaration of emergency issued under 49 CFR 390.23, you do not have to maintain a record of duty status (log).  However, it is recommended that,...

Part 390 § 390.23 Relief from regulations How do I need to identify my vehicle when providing direct assistance? What paperwork must I carry?

How do I need to identify my vehicle when providing direct assistance? What paperwork must I carry?

There are no specific requirements to identify a vehicle operating under an emergency declaration or for paperwork that must be carried on the vehicle.  However, drivers should be...

Part 390 § 390.23 Relief from regulations Am I still exempt while returning empty from delivering an exempt load?

Am I still exempt while returning empty from delivering an exempt load?

49 CFR 390.23 provides, in part, “…A driver may return empty to the motor carrier's terminal or the driver's normal work reporting location without complying with parts 390 through 399 of this chapter. However, a...

Part 390 § 390.23 Relief from regulations Is the time spent driving to pick up a truck regulated as on duty time?

Is the time spent driving to pick up a truck regulated as on duty time?

No.  Time spent travelling to work in a personal vehicle does not meet the definition of on duty time in 49 CFR 395.2.