FMCSA Clarifies Applicability of Emergency Exemptions

How Will The Changes Effect You?

The Department of Transportation’s (DOT) Federal Motor Carrier Safety Administration (FMCSA) recently released their FINAL RULE revising the emergency exemption rules to narrow its scope of safety regulations from which drivers are exempt from. In a nutshell, the new final rule is still recognizing the need to grant exemptions for hours of service (HOS) limits, but not many of the other obligations related to driver qualifications or vehicle inspections.

Once in effect, the new rule will:

• Make changes to the definition of
  •  Emergency in §§ 390.5 and 390.5T.
  • Direct assistance
  • Emergency relief
• Limits the duration and scope of the automatic regulatory relief that takes effect upon a regional declaration of emergency by a Governor for up to 14 days instead of 30.
• Presidential declarations of emergency will continue to trigger a 30-day exemption from all FMCSRs in parts 390 through 399.
• Local emergencies will only receive up to 5 days of relief from HOS exemption.
• Simplifies the language in § 390.25

For a complete look at the final rule, you can click HERE NOW!

Keep in mind the final rule takes effect December 12, 2023, and all comments must be submitted to the Office of Information and Regulatory Affairs (OIRA) at the Office of Management and Budget (OMB) by November 13, 2023. Petitions for reconsideration of this final rule mist be submitted to the FMCSA Administrator no later than November 13, 2023.

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