March 14, 2020 @ 5pm
Yesterday the Acting Administrator for FMCSA, Jim Mullen, issued an “Emergency Declaration” in accordance with 49 CFR 390.23. The declaration is in effect now and until the termination of the emergency, or through April 12, 2020, whichever occurs first.
A copy of the Emergency Declaration can be found below or by going to the following website:
https://www.fmcsa.dot.gov/emergency/emergency-declaration-under-49-cfr-ss-39023-no-2020-002
This Declaration addresses National emergency conditions that create a need for immediate transportation of essential supplies, equipment and persons, and provides necessary relief from FMCSRs for motor carriers and drivers engaged in the transport of essential supplies, equipment and persons.
The waiver does not apply to weight regulations, only Parts 390 through 399 of the regs. Maine automatically falls under the Emergency Declaration and does not have to adopt any changes.
For complete details please review the Emergency Declaration in its entirety.
Federal Motor Carrier Safety Administration
March 13, 2020
EMERGENCY DECLARATION
UNDER 49 CFR § 390.23
No. 2020-002
THE FIFTY UNITED STATES OF AMERICA AND THE DISTRICT OF COLUMBIA
The President has declared an emergency under 42 U.S.C. 5121, et seq., and pursuant to 49 CFR 390.23(a)(l)(i), an emergency exists that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSRs), except as otherwise restricted by this Emergency Declaration. Such emergency is in response to Coronavirus Disease 2019 (COVID-19) outbreaks and their effects on people and the immediate risk they present to public health, safety and welfare in the fifty States and the District of Columbia. This Declaration addresses National emergency conditions that create a need for immediate transportation of essential supplies, equipment and persons, and provides necessary relief from FMCSRs for motor carriers and drivers engaged in the transport of essential supplies, equipment and persons.
By execution of this Emergency Declaration, motor carriers and drivers providing direct assistance in support of relief efforts related to the COVID-19 outbreaks are granted emergency relief from Parts 390 through 399 of Title 49 Code of Federal Regulations, except as restricted herein. Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services, such as medical care, or essential supplies such as food, related to COVID-19 outbreaks during the emergency.
This Emergency Declaration provides regulatory relief for commercial motor vehicle operations that are providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks, including transportation to meet immediate needs for: (1) medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19; (2) supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants; (3) food for emergency restocking of stores; (4) equipment, supplies and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to COVID-19; (5) persons designated by Federal, State or local authorities for medical, isolation, or quarantine purposes; and (6) persons necessary to provide other medical or emergency services, the supply of which may be affected by the COVID-19 response.
Direct assistance does not include routine commercial deliveries, or transportation of mixed loads that include essential supplies, equipment and persons, along with supplies, equipment and persons that are not being transported in support of emergency relief efforts related to the COVID-19 outbreaks.
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 COVID-19 outbreaks or when the motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce. 49 CFR 390.23(b). Upon termination of direct assistance to emergency relief efforts related to the COVID-19 outbreaks, the motor carrier and driver are subject to the requirements of 49 CFR Parts 390 through 399, except that 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. However, if the driver informs the motor carrier that he or she needs immediate rest, the driver must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier’s terminal or the driver’s normal reporting location. Once the driver has returned to the terminal or other location, the driver must be relieved of all duty and responsibilities and must receive a minimum of 10 hours off duty if transporting property, and 8 hours if transporting passengers.
Nothing contained in this Emergency Declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver’s license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), the hazardous material regulations (49 CFR Parts 100-180), applicable size and weight requirements, or any other portion of the regulations not specifically exempted under to 49 CFR § 390.23.
Motor carriers or drivers currently subject to an out-of-service order are not eligible for the relief granted by this declaration until they have met the applicable conditions for its rescission and the order has been rescinded by FMCSA.
In accordance with. 49 CFR § 390.23, this declaration is effective immediately and shall remain in effect until the termination of the emergency (as defined in 49 CFR § 390.5) or until 11 :59 P.M. (ET) on April 12, 2020, whichever occurs sooner.
Jim Mullen
Acting Administrator
Last updated: Friday, March 13, 2020
POSTED BY ATA 3/13/20 @ 5pm
Emergency Declaration Information
To provide vital supplies and transportation services to a disaster area in the United States, emergency declarations may be issued by the President, Governors of States, or FMCSA. These declarations trigger the temporary suspension of certain Federal safety regulations, including Hours of Service, for motor carriers and drivers engaged in specific aspects of the emergency relief effort. See 49 CFR 390.23<www.fmcsa.dot.gov/regulations/title49/section/… for the actual emergency regulation.
Relief from Federal Motor Carrier Safety Regulations is limited to a maximum of 30 days, unless extended by FMCSA itself.
The information below reflects currently available relief:
- Drivers responding to provide “direct assistance” to an “emergency” meeting the definitions in 49 CFR 390.5<www.fmcsa.dot.gov/regulations/title49/section/390.5> and declared by FMCSA or a governor, are exempt from applicable regulations in all States on their route to the emergency, even though those States may not be involved in the emergency or stated in the declaration of emergency.
- These exemptions, when in effect, only apply to 49 CFR Parts 390-399<www.fmcsa.dot.gov/regulations/title49/b/5/3>. They do NOT exempt drivers/carriers from the requirements relating to CDL, drug/alcohol, hazardous materials, size & weight, or State/Federal registration and tax requirements. (However, a Governor’s Declaration may add some of those exemptions – read the declaration for details.)
- Even if an Emergency Declaration is still in effect, the emergency must be on-going and you must be providing direct emergency assistance in order to be exempt from safety regulations.
- The list of Emergency Declarations below may not be complete. Declarations may be in effect even if not listed here. Read the declaration itself for all details.
- There is no requirement to carry a copy of the declaration in the vehicle unless stated so in the declaration itself.
- Drivers and carriers should coordinate with State emergency officials before providing assistance. State regulations regarding size and weight, permits, taxes, etc. may not have been waived.
- Even though safety regulations may be suspended, drivers and carriers are expected to use good judgment and not operate vehicles with fatigued or ill drivers, or under any conditions presenting a clear hazard to other motorists using the highways