FMCSA Reiterates That Emergency Declarations Apply To All States
WASHINGTON, DC (TruckingNewsNow.com) — The Federal Motor Carrier Safety Administration (FMCSA) is reminding all states that emergency declarations apply not just to the states receiving aid or assistance from motor carrier drivers, but any state in which that motor carrier passes through on its way to render aid.
From the FMCSA:
Relief from Federal Motor Carrier Safety Regulations is limited to a maximum of 30 days, unless extended by FMCSA itself. Several emergency declarations are in effect as the Hurricane Michael recovery effort continues. Read the complete list.
In general:
- 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.
- 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.)
- 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.