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Emergency Declarations, Waivers, Exemptions and Permits

DOEs in Hawaii, WA, OR, CA, LA, MS, AL, SC, DE, DC, FL, GA, MD, NJ, NY, NC, PA, WV, TN, KY

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

Declarations by FMCSA


Description: Notice of Enforcement Discretion Determination, Regional Declaration of Emergency 2018-007
Effective: 09/10/2018 | Expires on: 10/10/2018


Description: Notice 0f Enforcement Discretion Determination September 4, 2018
Effective: 09/04/2018 | Expires on: TBD**


Description: Notice of Enforcement Discretion Determination Regional Declaration of Emergency Notice 2018-005
Effective: 08/23/2018 | Expires on: 09/21/18*


Description: Notice of Enforcement Discretion Determination, August 1, 2018
Effective: 08/01/2018 | Expires on: 08/31/18


Federal Emergency Declarations by FMCSA Service Centers

Eastern and Southern Service Center


Description: Southern Service Center, Eastern Service Center Regional Emergency Declaration Under 49 CFR §390.23 No. 2018-007
Effective: 09/10/2018 | Expires on: 10/10/18


Southern and Western Service Center


Description: SSC-WSC - Regional Declaration of Emergency 2018-006 - Tropical Storm Gordon 09-04-2018
Effective: 09/04/2018 | Expires on: 10/04/18**


Western Service Center


Description: Regional Emergency Declaration Under 49 Cfr § 390.23 No. 2018-005 (Hawaii)
Effective: 08/23/2018 | Expires on: 09/21/18


Description: Extension of Regional Emergency Declaration No. 2018-004; California, Oregon and Washington
Effective: 08/29/2018 | Expires on: 10/01/18


Description: HAWAII: Regional Emergency Declaration and an Exemption from Parts 390 through 399 of the FMCSRs (Regional Declaration of Emergency Notice 2018-005)
Effective: 08/23/2018 | Expires on: 09/21/18*


Description: Regional Emergency Declaration Under 49 CFR § 390.23; No. 2018-004; California, Oregon and Washington
Effective: 08/01/2018 | Expires on: 08/31/18


State Emergency Declarations by State

Alabama


Description: State of Alabama September 4, 2018 Proclamation: Tropical Storm Gordon
Effective: 09/04/2018 | Expires on: TBD


Georgia


Description: 09.12.18.01 Hurricane Florence Georgia Effective Counties
Effective: 09/12/2018 | Expires on: 09/18/2018


Hawai'i


Description: State of Hawai'i Proclamation August 2018
Effective: 08/21/2018 | Expires on: 08/29/18*


Kentucky


Description: Commonwealth of Kentucky - Official Order No. 111273
Effective: 09/11/2018 | Expires on: 10/11/2018


Louisiana


Description: Louisiana Proclamation Number 134 JBE 2018 State of Emergency - Tropical Storm Gordon
Effective: 09/03/2018 | Expires on: 10/03/2018


Maryland


Description: The State of Maryland Executive Order 01.01.2018.22
Effective: 09/10/2018 | Expires on: TBD


Mississippi


Description: State of Mississippi September 3, 2018 Proclamation
Effective: 09/03/2018 | Expires on: 10/03/2018


North Carolina


Description: State Of North Carolina Executive Order No. 53 Waiver of Fuel Vapor
Effective: 09/10/2018 | Expires on: TBD


Description: State Of North Carolina Executive Order No. 52 Transportation Waiver
Effective: 09/07/2018 | Expires on: 10/06/2018


Description: State Of North Carolina Executive Order No. 51
Effective: 09/07/2018 | Expires on: TBD


South Carolina


Description: State of South Carolina Executive Order No. 2018-27
Effective: 09/08/2018 | Expires on: 10/07/2018


Tennessee


Description: State of Tennessee Executive Order by the Governor No. 72
Effective: 09/11/2018 | Expires on: 10/11/2018


Virginia


Description: Florence VA Amended Emergency Waiver Florence 9-13-18
Effective: 09/8/2018 | Expires on: 10/08/2018


Description: Virginia Emergency Waiver 9-10-18: Waiver for carriers transporting essential emergency relief supplies or providing emergency restoration of infrastructure services.
Effective: 09/10/2018 | Expires on: 10/09/2018


West Virginia


Description: State of West Virginia File09-11-2018-160532
Effective: 09/11/2018 | Expires on: TBD


Wisconsin


Description: Wisconsin Executive Order #305 in Response to Flooding
Effective: 08/28/2018 | Expires on: TBD


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.
Updated: Monday, September 17, 2018

Contact Information

The Federal Motor Carrier Safety Administration (FMCSA) has established a toll free hotline at 1-877-831-2250 for anyone seeking inquiries pertaining to FMCSA Regulations during a declared disaster.


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Contact Us

For information on FMCSA Emergency Declarations
Federal Motor Carrier Administration
1200 New Jersey Avenue SE
Washington, DC 20590
United States
Phone: 877-831-2250

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