Emergency declaration extended until July 14

The FMCSA has extended its emergency declaration yet again.

The declaration, which provides relief from hours-of-service regulations for commercial motor vehicle drivers responding to the COVID-19 outbreak, has been extended until July 14. It had been set to expire June 14. However, the extension no longer covered several types of loads. The changes went into effect June 15.

“FMCSA is continuing this exemption because the presidentially declared emergency remains in place, and because a continued exemption is needed to support direct emergency assistance for some supply chains,” the notice stated. “This extension addresses national emergency conditions that create a need for immediate transportation of essential supplies, and provides necessary relief from Federal Motor Carrier Safety Regulations for motor carriers and drivers.”

On March 13, FMCSA issued its first federal hours-of-service waiver in the history of the agency. That waiver was expanded on March 18 and then extended and further expanded on April 8. On May 13, the declaration was extended until June 14.

With this extension, the unprecedented federal waiver was set to last at least four months.

The extension provided relief for commercial motor vehicle drivers transporting:

• Livestock and livestock feed.
• Medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19.
• Supplies and equipment necessary for community safety, sanitation and prevention of community transmission of COVID-19, such as masks, gloves, hand sanitizer, soap and disinfectants.

This extension removed some of the categories that previously qualified.

“Direct assistance does not include routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of this emergency declaration,” the agency wrote. “FMCSA has concluded that there is no longer a need for emergency relief with respect to the other categories of supplies, equipment and persons covered by the May 13 extension and expansion of Emergency Declaration No. 2020-02, and those categories are therefore no longer covered.”

The emergency declaration no longer covered mixed loads with a nominal quantity of emergency supplies and other types of loads including:

• Food, paper products and other groceries for emergency restocking of distribution centers or stores.
• Immediate precursor raw material – such as paper, plastic or alcohol.
• Liquefied gases to be used in refrigeration or cooling systems.
• Equipment, supplies and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to COVID-19.
• Persons designated by Federal, State or local authorities for medical, isolation, or quarantine purposes.
• Persons necessary to provide other medical or emergency services, the supply of which may be affected by the COVID-19 response.

The agency also emphasized that the declaration doesn’t give motor carriers the ability to make truckers haul a load even when they say they are tired.

“Motor carriers shall not require or allow fatigued drivers to operate a commercial motor vehicle,” FMCSA wrote. “A driver who informs a carrier that he or she needs immediate rest shall be given at least 10 consecutive hours before the driver is required to return to service.”

FMCSA also emphasizes that the exemption doesn’t excuse commercial motor vehicle drivers from the regulations that prohibit from operating while a driver’s alertness is impaired “through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the motor vehicle.”

It is unclear whether or not the FMCSA will extend the waiver beyond July 14. To follow orders related to the pandemic, check with Landline.Media. In addition, FMCSA has a COVID-19 Information and Resources page. LL