Truckers: reducing exemption window hasn’t improved safety

Several trade organizations, as well as several state transportation agencies, believe 30 days is an appropriate relief window for emergencies.

When emergencies strike, it’s often truck drivers who come to the rescue, delivering critical supplies and assistance to areas of need.

That’s why the Owner-Operator Independent Drivers Association supports the Federal Motor Carrier Safety Administration’s proposal to widen its emergency relief window back to 30 days.

In 2023, FMCSA published a final rule reducing the duration of automatic regulatory relief for an emergency from 30 days to 14. This past January, FMCSA proposed reverting to 30 days.

“We feel the 30-day period provides sufficient time to deliver emergency assistance without negatively impacting safety, and the initial rulemaking did not adequately justify restricting the emergency relief period,” OOIDA President Todd Spencer wrote in comments filed on March 10.

OOIDA and the National Propane Gas Association helped fuel a potential change back to 30 days.

Soon after FMCSA announced its rule in 2023, the two groups filed a joint petition for reconsideration.

“FMCSA has failed to provide sufficient evidence and explanation to support its conclusions and its departure from longstanding policy and intent,” NPGA and OOIDA wrote. “In addition, the final rule fails to resolve ambiguities relating to pre-disaster emergency declarations. As a result, compliance with various provisions of FMCSA’s final rule is not practicable, is unreasonable and is not in the public interest.”

A crucial factor is that there is no evidence that a wider relief window has deterred safety. If you recall, the COVID-19 pandemic prompted FMCSA to issue emergency relief for more than two years. The agency was unaware of any increase in crashes related to the regulatory relief.

“The agency has always maintained that a 30-day emergency relief period does not negatively impact road safety,” OOIDA wrote. “During the previous rulemaking process, we also questioned why the agency was considering changes since they indicated that they lack specific data necessary to warrant altering the scope of (the regulation). As such, we are confident that amending the 2023 final rule will provide an equivalent or greater level of safety than the 14-day relief period. We believe that regulatory relief should ensure that any motor carrier providing direct assistance can continue doing so, given the unpredictable and volatile nature of emergency scenarios. This can best be accomplished by restoring the 30-day emergency relief window.”

Several groups support change

OOIDA and NPGA aren’t alone in wanting a larger relief window.

The National Rural Electric Cooperative Association and the Shippers Coalition also wrote comments in support of the proposal.

“With this extension, the proposed rule would provide essential flexibility for shippers during prolonged emergencies, including natural disasters, public health crises and other unforeseen disruptions,” the Shippers Coalition wrote. “By allowing a 30-day relief period, FMCSA would enable companies to continue transporting critical goods without interruption, supporting public welfare and economic stability. The Coalition believes that this change is a common-sense adjustment that balances safety with operational realities. Longer emergency relief will help prevent unnecessary supply chain bottlenecks and mitigate risks to the public that could arise from delayed deliveries of essential commodities.”

The National Rural Electric Cooperative Association said that restoring the 30-day exemption reinforces the importance of public safety and electric service reliability.

“Electric utility crews routinely respond to emergencies, severe weather events, and unplanned outages where rapid restoration is a matter of public health and safety,” the group wrote. “The proposed rule helps ensure that regulatory frameworks remain aligned with the operational realities faced by rural utilities during these high-risk, high-urgency scenarios.”

Departments of Transportation for Idaho, Montana, North Dakota, South Dakota and Wyoming also filed comments.

“We support the proposed rule for the reasons stated in the NPRM, including that emergencies can extend for more than the 14-day period in the current rule,” the state DOTs wrote. “Droughts, large forest fires, risk of mudslides and other slope failures, conditions after rain, extreme winter weather and other circumstances can easily result in emergency conditions for extended periods. Trucks may have to take long detours or work long hours due to such emergencies.”

The comment period ended March 10. FMCSA will now use those comments before determining whether to move forward with a final rule. LL