FMCSA extends emergency for Florida, South Carolina

October 28, 2022

Land Line Staff

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A regional emergency declaration, issued by the U.S. Department of Transportation and Federal Motor Carrier Safety Administration has been extended until Nov. 28.

The emergency declarationwas first issued on Sept. 28 for eight states due to heavy rain, winds, flooding and storm surge from Hurricane Ian, and was set to expire on Oct. 28.

Two of those states, Florida and South Carolina, require an extension of that order due to ongoing emergency conditions, said an FMCSA declaration dated Oct. 25.

Extending this regional emergency provides relief for commercial motor vehicles providing direct assistance for emergency relief efforts related to Hurricane Ian in South Carolina and/or Florida.

Maximum driving time for property-carrying vehicles and maximum driving time for passenger-carrying vehicles are covered by this emergency.

“Direct assistance does not include transportation related to long-term rehabilitation of damaged physical infrastructure or routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of this emergency declaration, after the initial threat to life and property has passed,” says the order.

This waiver is not a modification or exemption of any portion of 49 CFR Parts 350-399 not specifically granted by this order.

Motor carriers or drivers currently subject to an out-of-service order are not eligible for this relief until that order has been rescinded in writing.

When a driver is moving from emergency relief efforts to normal operations the following is required:

  • For a driver operating a passenger-carrying commercial motor vehicle, an eight-hour break is required when the total time a driver is engaged in emergency relief efforts, or a combination of emergency relief and normal operations equals or exceeds 15 hours.
  • For a driver operating a property-carrying commercial motor vehicle, 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. LL