FMCSA Grants Nationwide Emergency Relief For First Time In History In Response To Coronavirus

3/16/2020
Joseph W. Pappalardo By Joseph W. Pappalardo

Shortly after President Trump declared a national emergency on March 13, 2020, the Federal Motor Carrier Safety Administration (FMCSA) decided to waive certain hours-of-service, parts and accessories and other regulations in response to Covid-19/Coronavirus. According to an article from Transport Topics, this declaration will directly impact truck operators involved in direct assistance efforts, such as hauling medical supplies and testing equipment, masks, gloves, hand sanitizer, food and personnel. Motor carriers and drivers who are not out of service and are involved in emergency relief efforts are not subject to hours of service (HOS) or other regulations between 390-399.

Although the emphasis of the declaration is on Hours Of Service (Part 395) as well as Parts And Accessories Necessary For Safe Operation (Part 393) we expect to learn more about the effects on regulations affecting Driver Qualifications (Part 391) Driving of CMVs (Part 392) and General Regulations (Part 390). We’ll provide updates as information is released.

Drivers are not exempt from requirements relating to commercial driver licenses, drugs and alcohol, hazardous materials, size, weight and registration requirements.

The key HOS requirement is if a driver finishes a delivery of property or passengers the driver has to take the normal 10 hour break (property) or 8 hour break (passengers). Motor carriers and drivers must be sure that the load complies with the emergency declaration. Otherwise, the regulations still apply.

The emergency declaration provides no immunity from claims and lawsuits. That is to say although there may be relief from compliance with various regulations, motor carriers and drivers are still subject to tort liability in case of an accident.

This is the first time the agency has issued national, as opposed to regional, emergency relief from Federal Motor Carrier Safety Regulations. These exemptions will remain in effect until the termination of the emergency or April 12, whichever comes first.

We will continue to monitor this update and provide additional information as it is disseminated.