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Emergency Declarations, Waivers, Exemptions and Permits

DOEs in AL, CA, LA, MS, AL, SC, FL, GA, NC, TN, VA, KY, OK, TX, NH

Overview

The Federal Motor Carrier Safety Administration (FMCSA) is coordinating with the following states that have Declared Emergency Declarations. We recommend you check each State's Web site and search for "Issued Emergency Declarations" if you are interested in more details. For those carriers or drivers interested in providing services or who need to understand FMCSA regulations, the following applies.

Category

Declarations by FMCSA


Description: WSC - 11-30-2018 Alaska Notice of Enforcement Discretion Determination 2018-010
Effective: 11/30/2018 | Expires on: This Notice will expire upon the termination or expiration of Regional Declaration of Emergency 2018-010, including any future amendments and extensions.


Description: WSC - CA - Notice of Enforcement Discretion - CA Wildfilres - FMCSA-2018-009
Effective: 11/15/2018 | Expires on: This Notice will expire upon the termination or expiration of Regional Declaration of Emergency 2018-009, including any future amendments and extensions.


Federal Emergency Declarations by FMCSA Service Centers

Eastern and Southern Service Center


Description: NC - SC - VA - Extension of Emergency Declaration 2018-007 - December 2018
Effective: 12/07/2018 | Expires on: 01/18/2019, whichever is less.


Description: NC-SC-VA-Extension of Emergency Declaration 2018-007
Effective: 11/08/2018 | Expires on: 12/09/2018


Description: SSC - ESC Regional Extension 2018-007 on 10-9-2018
Effective: 10/09/2018 | Expires on: 11/09/2018


Southern Service Center


Description: AL - FL - GA- Extension of Emergency Declaration 2018-008 - Hurricane Michael - December 2018
Effective: 12/07/2018 | Expires on: 01/18/2019, whichever is less.


Description: AL-FL-GA-Extension of Emergency Declaration 2018-008
Effective: 11/08/2018 | Expires on: 12/09/2018, whichever is less.


Description: Southern Service Center Regional Emergency Declaration Under 49 Cfr § 390.23 No. 2018-008
Effective: 10/09/2018 | Expires on: 11/09/2018, whichever is less.


Western Service Center


Description: AK - Extension of Emergency Declaration 2018-010 - 12-20-2018
Effective: 12/20/2018 | Expires on: 01/31/2019, whichever is less.


Description: WSC - CA - Extension of Regional Emergency Declaration 2018-009 - Wildfires - December 2018
Effective: 12/07/2018 | Expires on: 01/18/2019, whichever is less.


Description: WSC - AL - Regional Emergency Declaration 2018-009 - Major Earthquake - November 2018
Effective: 11/30/2018 | Expires on: 12/30/2018, whichever is less.


State Emergency Declarations by State

New Hampshire


Description: NH DOE Notice 12-21-2018 -14_16_45
Effective: 12/21/2018 | Expires on: 01/06/2019


Oklahoma


Description: Winter Storm 12-06-18 in Oklahoma
Effective: 12/06/2018 | Expires on: 01/05/2019


Texas


Description: Governor Abbott Issues Disaster Declaration For 18 Texas Counties In Response To Severe Weather And Flooding
Effective: 10/16/2018 | Expires on: TBD


Virginia


Description: Declaration Of A State Of Emergency for The Commonwealth Of Virginia Due To Winter Weather 120818
Effective: 12/08/2018 | Expires on: 01/06/2019


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 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:

  1. Drivers responding to provide "direct assistance" to an "emergency" meeting the definitions in 49 CFR 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.
  2. These exemptions, when in effect, only apply to 49 CFR Parts 390-399. 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.)
  3. 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.
  4. 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.
  5. There is no requirement to carry a copy of the declaration in the vehicle unless stated so in the declaration itself.
  6. 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.
  7. 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.
Updated: Thursday, December 27, 2018

Contact Information

The Federal Motor Carrier Safety Administration (FMCSA) has established a toll free hotline at 1-877-831-2250 for anyone seeking inquiries pertaining to FMCSA Regulations during a declared disaster.


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Contact Us

For information on FMCSA Emergency Declarations
Federal Motor Carrier Administration
1200 New Jersey Avenue SE
Washington, DC 20590
United States
Phone: 877-831-2250

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