Safety Alert
(01 September 2021)
(Click here to download a copy of the Safety Alert.)

FMCSA Extends Emergency Declaration Through November 30, 2021

The Federal Motor Carrier Safety Administration has extended its COVID-related Emergency Declaration through November 30, 2021.  In addition, the agency has extended the scope of the hours of service and other exemptions under the declaration to include gasoline, diesel, jet fuel, and ethyl alcohol, as well as supplies to assist individuals impacted by the consequences of the COVID-19 pandemic (e.g., building materials for individuals displaced or otherwise impacted as a result of the emergency).

FMCSA’s declaration provides for regulatory relief for commercial motor vehicle operations providing direct assistance supporting emergency relief efforts intended to meet immediate needs for:

(1) livestock and livestock feed;

(2) medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19;

(3) vaccines, constituent products, and medical supplies and equipment including ancillary supplies/kits for the administration of vaccines, related to the prevention of COVID-19;

(4) 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;

(5) food, paper products and other groceries for emergency restocking of distribution centers or stores;

(6) gasoline, diesel, jet fuel, and ethyl alcohol; and

(7) supplies to assist individuals impacted by the consequences of the COVID-19 pandemic (e.g., building materials for individuals displaced or otherwise impacted as a result of the emergency).

Motor carriers and drivers providing such relief are exempt from the provisions of 49 CFR Parts 390-399, including the hours of service regulations, but would still be subject to controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver’s license requirements (49 CFR Part 383), financial responsibility (insurance) requirements (49 CFR Part 387), hazardous material regulations (49 CFR Parts 100-180), and applicable vehicle size and weight requirements.

According to the declaration, “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 this emergency declaration.  To be eligible for the exemption, the transportation must be both (i) of qualifying commodities and (ii) incident to the immediate restoration of those essential supplies.

The exemption is in effect immediately and will remain in effect until the emergency has ceased or 11:59 p.m. on November 30, 2021, whichever is earlier.

This GAWDA Safety Alert is issued by GAWDA Consultant Rick Schweitzer, Esq.
Please contact Rick for further information.