Note: The FMCSA has issued an update to this Emergency Declaration. You can read it here: https://prepass.com/2022/06/01/fmcsa-extends-covid-19-waiver-through-august-2022/
UPDATED, May 16, 2022 – The Federal Motor Carrier Safety Administration has responded to the COVID-19 variants and to supply chain challenges by again extending its emergency declaration. The updated emergency declaration now runs through May 31, 2022. The prior emergency declaration expired on Feb. 28, 2022.
Like the previous version of the COVID-19 emergency declaration, this updated FMCSA response grants motor carriers and truck drivers relief only from Federal Motor Carrier Safety Regulations Part 395.3, the maximum driving time for property-carrying vehicles, with certain restrictions.
As before, that waiver is available only when the motor carrier is engaged in “direct assistance in support of relief efforts.” Direct assistance means transportation and other relief services provided by a motor carrier or its drivers in the immediate restoration of essential services, such as medical care, or essential supplies such as vaccines, related to COVID-19 outbreaks during the national emergency. FMCSA does clarify that a driver returning empty from making a qualifying direct assistance trip is still under the maximum driving time (hours of service) waiver until back at the terminal or home.
The categories of essential supplies is under this emergency declaration continue to include:
- Livestock and livestock feed.
- Medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19.
- Vaccines, constituent products, and medical supplies and equipment, including ancillary supplies/kits for the administration of vaccines, related to the prevention of COVID-19.
- 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
- Gasoline, diesel, jet fuel, ethyl alcohol, and heating fuel, including propane, natural gas, and heating oil.
- Supplies to assist individuals impacted by the consequences of the COVID-19 pandemic, such as building materials for individuals displaced or otherwise impacted as a result of the emergency.
On Feb. 11, 2022, FMCSA updated its guidance to include automobiles and parts to its list of loads that qualify under its COVID-19 emergency declaration. FMCSA has not announced any change to that guidance in the new waiver extension.
FMCSA again reminds motor carriers and truck drivers that its emergency declaration does not include routine commercial deliveries or mixed loads where a nominal quantity of essential supplies are added in an attempt at qualifying for emergency relief. To be eligible, transportation must be both: of the qualifying commodities, and related to the immediate restoration of those essential supplies.
Motor carriers and truck drivers operating under the emergency declaration must, among other listed items, must continue to comply with state and federal regulations regarding:
- Speed limits and other traffic restrictions.
- Prohibitions on the use of drugs and alcohol.
- Prohibitions on texting and the use of hand-held telephones while driving.
- Licensing and other credentials; insurance; hazardous materials requirements; vehicle size and weight limits; commercial vehicle route designations.
- Continued use of electronic logging devices and retention of driver’s record of duty status, even if operating under an hours of service (HOS) waiver.
FMCSA underscores that motor carriers must not require or allow fatigued drivers to continue to operate, even if an HOS waiver is available under this emergency declaration. A truck driver informing a carrier that he/she needs rest must be allowed at least ten consecutive hours off duty.
Motor carriers and drivers currently subject to an out-of-service order are not eligible for the relief granted by these waivers.
FMCSA continues to require motor carriers operating under the emergency declaration to report, within five days after the end of each month, their reliance on it.
Motor carriers can access their own portal account at https://portal.fmcsa.dot.gov/login. Once logged in, go to “Emergency Declaration Reporting” under the “Available FMCSA Systems” section of that page.
This blog was updated on May 16, 2022 and was updated on Feb. 28, 2022 to reflect the extension of the FMCSA Emergency Declaration from Feb. 28, 2022 to May 31, 2022. Previous updates were made on Feb. 16, 2022 to include new guidance about the transportation of automobiles and parts, and on Nov. 30, 2021 to reflect the extension of the FMCSA Emergency Declaration from Nov. 30, 2021 to Feb. 28, 2022.