The Bullet:

On March 13, 2020, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) issued a national emergency declaration to provide hours-of-service regulatory relief to commercial vehicle drivers transporting emergency relief in response to the nationwide coronavirus (COVID-19) outbreak.  This declaration was expanded on March 18, 2020 and again expanded and extended on April 08, 2020.

Read the 04.08.20 press release

Who:

• The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) issued the relief.  The FMCSA was established as a separate administration within the U.S. Department of Transportation (DOT) on January 1, 2000.
  • Press Contact:
    • FMCSA Office of Public Affairs/1200 New Jersey Avenue, SE/Washington, DC 20590
    • Email: FMCSA.PublicAffairs@dot.gov
    • Phone: 202-366-9999
• Relief is applicable to commercial motor vehicle operations providing direct assistance supporting emergency relief efforts intended to meet immediate needs of the current COVID-19 public health emergency.
• 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granted by this declaration until they have met the applicable conditions for its rescission and the order has been rescinded by FMCSA.

What:

• 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 the FMCSRs, except as restricted herein.
• Covered activities include 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, paper products and other groceries for emergency restocking of distribution centers or stores.
  4. Immediate precursor raw materials — such as paper, plastic or alcohol — that are required and to be used for the manufacture of items in categories (1), (2), or (3).
  5. Fuel
  6. Liquefied gases to be used in refrigeration or cooling systems.
  7. Equipment, supplies and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to COVID-19.
  8. Persons designated by Federal, State or local authorities for medical, isolation, or quarantine purposes.
  9. Persons necessary to provide other medical or emergency services, the supply of which may be affected by the COVID-19 response.
• Once delivery is complete, the driver must receive a minimum of off duty hours as applicable:
  • Ten (10) hours off duty if transporting property.
  • Eight (8) hours if transporting passengers.
• 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 the emergency declaration.
• Direct assistance terminates in either of the following circumstances:
  • 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.
  • The motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce.
• Motor carriers and drivers providing direct assistance to the Nationwide emergency are not granted emergency relief from, and must continue to comply with, the following Federal Motor Carrier Safety Regulations and conditions:
  • 49 CFR § 392.2 related to the operation of a commercial motor vehicle in accordance with State laws and regulations, including compliance with applicable speed limits and other traffic restrictions.
  • 49 CFR § 392.3 related to operation of a commercial motor vehicle while a driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the motor vehicle.
  • Motor carriers shall not require or allow fatigued drivers to operate a commercial motor vehicle. A driver who informs a carrier that he/she needs immediate rest shall be given at least ten consecutive hours before the driver is required to return to service.
  • A motor carrier whose driver is involved in a crash while operating under this emergency declaration must report any recordable crash within 24 hours, by phone or in writing, to the FMCSA Division Office where the motor carrier is domiciled. The carrier must report the date, time, location, driver, vehicle identification, and brief description of the crash.
  • Nothing in this Emergency Declaration shall be construed as an exemption from any of the following:
    • Controlled substance and alcohol uses and testing requirement (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.
    • Any other portion of the regulations not specifically exempted under 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 writing.

Where:

• Applicable to the fifty United States of America and the District of Columbia.

Why:

• This declaration will help America’s commercial drivers get these critical goods to impacted areas faster and more efficiently.

How:

• The primary mission of the Federal Motor Carrier Safety Administration (FMCSA) is to reduce crashes, injuries and fatalities involving large trucks and buses.

When:

• Original published 03.13.20.
• Expanded and published 03.18.20
• The extension and expansion of Emergency Declaration No. 2020-002 is effective immediately and shall remain in effect until 11:59 P.M. (ET), May 15, 2020, or until the revocation of the Presidentially declared COVID-19 national emergency, whichever is sooner.

Conclusion:

This relief is one of many issued by FMCSA and other regulatory agencies to end the current public health emergency due to COVID-19.  If you are a driver of a CMV, please be safe.

Read FMCSA’s national emergency declaration

Didja’ know?

• This declaration is the first time FMCSA has issued nation-wide relief and follows President Trump issuing of a national emergency declaration in response to the virus.