Updated List of Emergency HOS Exemptions

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 need to understand FMCSA regulations, the following applies:

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. These Federal exemptions, when in effect, only apply to 49 CFR Parts 390-399. They do NOT apply 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.)
2. Even if an Emergency Declaration is still in effect, the emergency must be on-going and you must be providing direct emergency relief in order to be exempt from safety regulations.
3. The list of Emergency Declarations below may not be complete. Declarations may be in effect even if not listed here.
4. Drivers and carriers should coordinate with State and Federal emergency officials before providing assistance.
5. 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.

FMCSA will update the Web site as new information becomes available.

Arkansas

Propane

DR 14-02
TO ALL TO WHOM THESE PRESENTS COME — GREETINGS:

WHEREAS: A winter weather system containing extremely cold temperatures and heavy snow in the northern states has resulted inArkansas’s propane supplies being shared with those affected northern states; and

WHEREAS: The extreme weather conditions surrounding Arkansas are forecast to arrive in our State and the surrounding areas, requiring liquefied petroleum gas transporters to travel further distances to secure propane to meet the needs of consumers in Arkansas and its neighboring states, creating an emergency situation that is limiting the delivery of propane gas; and

WHEREAS: 49 C.F.R. Section 390.23 authorizes a state governor to declare a regional emergency during the duration of the emergency conditions, not to exceed thirty (30) days from the date of the initial declaration of emergency, and to exempt any motor carrier or driver operating a commercial motor vehicle to provide direct assistance in providing emergency relief during an emergency from Parts 390 through 399 of Chapter 49, Code of Federal Regulations;

NOW, THEREFORE, I, MIKE BEEBE, Governor of the State of Arkansas, acting under the authority vested in me by Act 511 of 1973, as amended, do hereby declare that a state of emergency exists in the State of Arkansas insofar as applied to commercial carriers hauling liquefied petroleum products to customers in Arkansas, and said state of emergency and the provisions of this proclamation shall exist and be in effect through January 17, 2014, or until such time as emergency conditions shall cease to exist, whichever is sooner.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Arkansas to be affixed this 3rd day of January, in the year of our Lord 2014.

Connecticut

Connecticut’s Commissioner of the Department of Motor Vehicles Melody A. Currey issued emergency HOS exemptions for drivers hauling gasoline, diesel fuel, heating oil and propane.

The exemption is in effect January 10- January 16.

Emergency Exemption Issued for Connecticut from Hours of Service of Drivers (PDF)

Kansas

Kansas Governor Sam Brownback issued emergency HOS exemptions for drivers hauling propane.  The exemption is in effect January 9-January 14.

Kansas Governor Issues Executive Order for Motor Carriers Delivering Propane and Participating in Relief Efforts (PDF)

Kentucky

Kentucky Governor Steven Beshear has issued HOS exemptions for drivers hauling propane.  The exemption is effective January 8-January 28.

Emergency Declaration and Exemption of Hours-of-Service Regulations for Delivery of Propane Issued for Kentucky (PDF)

Maine

Propane

Effective December 13-January 18.

Maine Governor Extends Emergency Declaration Due to Arctic Cold Temperatures

Michigan

Michigan Governor Snyder has issued temporary emergency exemptions for drivers hauling propane. The exemption was issued on January 10, and it expires on January 31. 

Michigan Governor Issues Emergency Declaration for the Transportation of Propane and Heating Oil (PDF)

Minnesota

The exemption is effective January 8-February 9.

Minnesota Executive Order Extended to Provide Relief from Regulations to Motor Carriers and Drivers Providing Emergency Assistance (PDF)

Missouri

The exemption is effective January 7-13.

Emergency Declaration Issued for Missouri in Response to Frigid Temperatures and a High Demand for Propane (PDF)

New Jersey