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Emergency Declarations, Waivers, Exemptions and Permits

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

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.

State Emergency Declarations by State


Alabama

DescriptionEffectiveExpires on
Governor of Alabama issues State of Emergency in Preparation for Winter Weather01/06/201702/05/2017


Georgia

DescriptionEffectiveExpires on
Emergency Declaration issued by Georgia Governor Deal01/06/201701/08/2017


Idaho

DescriptionEffectiveExpires on
Executive Order Declaring a State of Energy Emergency and Temporarily Exempting Certain Carriers from Hours of Service Regulations Under Idaho Law to Help Meet Fuel Demands01/04/201701/27/2017


Montana

DescriptionEffectiveExpires on
Governor Bullock suspends truckers hours of service due to harsh winter12/28/201601/27/2017


North Carolina

DescriptionEffectiveExpires on
EO No. 3 Declaration of A State Of Emergency, NC01/06/201702/15/2017
EO No. 2 Declaration of A State Of Emergency, NC01/06/201702/05/2017
EO No. 1 Declaration of A State Of Emergency, NC01/06/2017--


South Carolina

DescriptionEffectiveExpires on
EO No. 1 Declaration of A State Of Emergency, SC01/06/201701/08/2017


Oklahoma

DescriptionEffectiveExpires on
The Governor of the State of Oklahoma hereby declare that there is a State of Emergency continuing in the State of Oklahoma. Due to catastrophic weather occurring statewide, it is necessary to assist and expedite all efforts of storm relief.01/12/201702/11/2017
The Governor of the State of Oklahoma hereby declares the winter storms, snow, freezing rain, ice, severe storms, tornadoes, straight line winds and flooding beginning January 13, 2017, and continuing, may cause extensive damage to public and private properties within the State of Oklahoma; and said damages may cause an undue hardship on the residents of this state.01/12/201702/11/2017


Virginia

DescriptionEffectiveExpires on
EO No. 62 - 2017 - Declaration of A State Of Emergency, VA01/06/201703/03/2017
Updated: Friday, January 13, 2017
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