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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


California

DescriptionEffectiveExpires on
Governor Brown Issues Emergency Order to Help Response to Situation at Oroville Dam 02/12/2017TBA


Connecticut

DescriptionEffectiveExpires on
Declaration of Civil Preparedness Emergency: Pursuant to Connecticut General Statutes Section 28-9, until further notice.03/13/2017TBD


Kansas

DescriptionEffectiveExpires on
Executive Order 17-01 for Regional Emergencies: Governor Brownback declared a state of emergency on March 5, and fires have now burned more than 626,000 acres. This ranks as the largest fire event in state history. 03/05/201704/08/2017


New Hampshire

DescriptionEffectiveExpires on
NH Emergency Conditions as a Result of a Heavy Snow Storm03/14/201703/28/2017


New York

DescriptionEffectiveExpires on
Effective March 14, 2017, Governor Andrew M. Cuomo declared a state of emergency as “Winter Storm Stella”03/14/2017up to 04/13/2017


Oklahoma

DescriptionEffectiveExpires on
Executive Order 2017-04 - Due to severe drought and wildfires occurring in northwest Oklahoma, it is necessary to assist and expedite all efforts of relief.03/08/2017TBD


Pennsylvania

DescriptionEffectiveExpires on
Governor Wolf Announces Emergency Proclamation, Travel Restrictions Ahead of Winter Storm03/13/201703/20/2017


Virginia

DescriptionEffectiveExpires on
Governor McAuliffe Declares State of Emergency in Response to Pending Winter Storm03/13/2017TBD
Updated: Wednesday, March 15, 2017
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