FMCSA relaxes hours-of-service rules for live chicken haulers amid egg shortage

The Federal Motor Carrier Safety Administration (FMCSA) is providing emergency relief from federal hours-of-service rules for truckers hauling live chickens due to the spread of avian influenza.

On February 8, 2025, FMCSA issued a Regional Emergency Declaration “in response to the spread of highly pathogenic avian influenza (HPAI) resulting in the widespread loss of chicken flocks in affected areas impacting populations and the national food supply including the supply of eggs, and its effects on people and property, including immediate threats to human life, public safety, and public welfare.”

The emergency declaration provides regulatory relief from 49 CFR 395.3 of the Federal Motor Carrier Safety Regulations for motor carriers and drivers providing direct assistance to the emergency transporting live chickens from areas impacted by HPAI to unaffected areas.

The emergency declaration will remain in effect until the end of the emergency or until 11:59 P.M. (ET), March 10, 2025, whichever happens first.

See the stipulations laid out by FMCSA for chicken haulers below.

1. Before dispatch the motor carrier must have a valid agreement from the receiving facility to accept delivery of the live chickens.
2. A driver must not driver more than 16 hours in any 24-hour period;
3. The driver must stop all driving at 12:00 a.m. (midnight) each day;
4. The driver must take a minimum of a 6-hour break in a sleeper berth before resuming any driving;
5. Drivers must use paper records of duty status (RODS) and supporting documents, maintain RODS and supporting documents for 6 months from the date the record is prepared, and make RODS and supporting documents accessible to FMCSA and law enforcement upon request;
6. Drivers must maintain a valid commercial driver’s license and not be subject to an out- of-service order or loss of driving privileges;
7. Motor carriers or drivers currently subject to an out-of-service order are not eligible for the relief granted by this waiver until they have met the applicable conditions for its rescission and the order has been rescinded in writing by the issuing jurisdiction;
8. Motor carriers and drivers must comply with all applicable Federal and State requirements such as U.S. Department of Agriculture and State Departments of Agriculture requirements for transporting live chickens, and obtain any necessary authority to load, transport, and deliver the live chickens, and carrying all required documentation;
9. Motor carriers and drivers must, before transport begins, ensure that they have any and all approvals necessary for the loading, transport, and delivery of the live chickens; Motor carriers and drivers covered by this waiver must comply with all other applicable provisions of the Federal Motor Carrier Safety Regulations (FMCSRs) (49 CFR Parts 350-399) and Hazardous Materials Regulations (49 CFR Parts 100-180). Nothing in this waiver shall be construed as a waiver of or exemption from any applicable requirements or any portion of the FMCSRs including the controlled substance and alcohol uses and testing requirements (49 CFR Part 382), the commercial driver’s license requirements (49 CFR Part 383), or the financial responsibility (insurance) requirements (49 CFR Part 387); Federal Hazardous Materials Safety Regulations (HMRs) (49 CFR Parts 100-180); vehicle size, and weight limitations, as well as route designations administered by the Federal Highway Administration (23 CFR Part 658; 23 U.S.C. 127; 49 U.S.C. §§ 31111-31115); any requirement of the U.S. Department of Agriculture, or any other regulations for which relief is not specifically granted herein.
10. Accident Notification. Each motor carrier must notify FMCSA within 5 business days of an accident (as defined in 49 CFR 390.5), involving any CLP holder operating under the terms of this waiver.
11. This Emergency Declaration provides for regulatory relief from 49 CFR § 395.3 for commercial motor vehicle operations while providing direct assistance supporting emergency relief efforts. Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts related to the emergency as set forth in this Emergency Declaration, or when the motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce. (49 CFR § 390.23(e)). Upon termination of direct assistance to emergency relief efforts related to the emergency as set forth in this Emergency Declaration, the motor carrier and driver are subject to the requirements of 49 CFR § 395.3 while operating commercial motor vehicles, except that a driver may return empty to the motor carrier’s terminal or the driver’s normal work reporting location without complying with 49 CFR § 395.3, except as noted herein. When a driver is moving from emergency relief efforts to normal operations, a 10-hour break is required when the total time a driver is engaged in emergency relief efforts, or in a combination of emergency relief and normal operations, equals or exceeds 14 hours.