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Waivers

FMCSA Expanded Emergency Declaration

On March 18th, the Federal Motor Carrier Administration (FMCSA) issued an Expanded Emergency Declaration for all 50 states and the District of Columbia. 

This provides HOS waivers for commercial motor vehicle operations providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks, including transportation to meet immediate needs for:

    • Fuel; 
    • Medical supplies and equipment related to the testing, diagnosis, and treatment;
    • 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;
    • Food, paper products, and other groceries for emergency restocking of distribution centers or stores;
    • Immediate precursor raw materials—such as paper, plastic or alcohol—that are required and to be used for the manufacture of items in bullets (2), (3) or (4); 
    • Equipment, supplies, and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to COVID-19;
    • Persons designated by Federal, State or local authorities for medical, isolation, or quarantine purposes; and
    • 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, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of this emergency declaration. 

    The declaration expires on April 12, 2020, unless revised. 
    FMCSA Emergency Declaration  
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On March 13, 2020, the President declared a national state of emergency in response to the coronavirus pandemic that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSRs).

The 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.

The Emergency Declaration is HERE

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Waivers by State

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Indiana

On March 13, 2020, the Governor of Indiana declared a Waiver of HOS regulations to motor carriers and drivers of commercial vehicles transporting goods to Indiana businesses due to the public health emergency declared for the Coronavirus until April 5, 2020, unless terminated or further extended by the Governor.

HOS restrictions will be waived until for the delivery of:
• Food, goods, and items to Indiana businesses for use by the public, and
• Items for emergency preparedness and relief supplies/services.

It has been confirmed by the Governor’s office that the waiver is intentionally broad and does include fuel/propane. This order ONLY waives HOS Federal Motor Carriers Safety Regulations.

The Indiana waiver is HERE


Iowa

On March 13, 2020, the Governor of Iowa signed a proclamation to temporarily suspend oversize and overweight loads requirements for the transportation of food, medical supplies, cleaning products, and other household goods to convenience stores, grocery stores, and other retail establishments until April 17, 2020, unless revised by the Governor. 

The proclamation will do the following:
• Waive Iowa regulations on the maximum gross weight and size permitted to be carried on a vehicle or combination of vehicles on highways which are part of the primary and nonprimary highway road system “to the extent that these provisions restrict the movement” of deliveries. 
o Deliveries must not exceed 90,000 pounds gross weight, 12.5% of size regulations, and the legal maximum axle weight limit of 20,000 pounds.
• Vehicles must comply with weight limits posted on roads and bridges. 
• Vehicles may transport without a permit for the duration of the proclamation.

The Iowa proclamation is HERE

Tennessee

On March 3rd, the Federal Motor Carrier Service Administration (FMCSA) issued a Regional Emergency Declaration for Tennessee. The waiver is effective until April 2nd. 
 
The waiver was issued in response to severe weather in Tennessee. Due to the need for immediate transportation of supplies, equipment, and fuel, the Southern Service Center waived its Hours of Service requirements for motor carriers and drivers providing direct assistance to the emergency. That assistance ends, however, when a driver or vehicle is used for interstate commerce not directly supporting emergency relief. Should a driver inform the motor carrier that he or she needs rest, the carrier must permit the driver to take at least 10 consecutive hours off before returning to duty.

The Tennessee waiver is HERE




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