FMCSA regional emergency extended

February 16, 2023

SJ Munoz


A regional emergency issued in January by the Federal Motor Carrier Safety Administration for eight states has been extended through March 17.

The closure of the Suncor refinery in Commerce City, Colo. as well as severe winter weather and high demand prompted FMCSA to declare the emergency last month.

According to the emergency extension, conditions remain that make it difficult to obtain the necessary gasoline, diesel and jet fuel in the affected states of Colorado, Kansas, Nebraska, New Mexico, Oklahoma, Texas, Utah and Wyoming.

Motor carriers and drivers providing direct assistance supporting emergency relief efforts transporting gasoline, diesel or jet fuel are granted relief from the maximum driving time for property-carrying vehicles.

“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,” the order said.

Restrictions and conditions

Nothing in the extension is a waiver or exemption of any federal requirements or regulations not specifically granted by the order.

Motor carriers or drivers subject to an out-of-service order are not eligible for relief granted by this emergency until that order has been rescinded in writing by the issuing jurisdiction.

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 relief efforts, or in a combination of relief and normal operations, equal 14 hours.

If the governor or authorized representative in an affected state has issued an declaration relating to this emergency, that state declaration may provide additional regulatory relief. LL

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