Puerto Rico emergency declaration extended

A regional emergency declaration first issued on Sept. 18 for the Commonwealth of Puerto Rico has been extended through Nov. 18.

The emergency declaration was ordered in September by President Joe Biden due to heavy rain, high winds and storm surge from Tropical Storm/Hurricane Fiona.

This extension provides regulatory relief from 49 CFR § 395.3 (maximum driving time for property-carrying vehicles) for commercial vehicles providing direct assistance supporting emergency relief efforts in Puerto Rico. That includes motor carriers and drivers operating in the United States transporting supplies and equipment destined for Puerto Rico or providing other assistance in the form of emergency services.

“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.

Motor carriers and drivers are subject to restrictions and conditions regarding the Federal Hazardous Materials Safety Regulations, vehicle size and weight limitations and route designations administered by the Federal Highway Administration.

In addition, motor carriers or drivers currently subject to an out-of-service order are not eligible to operate under this order until applicable conditions have been met and the order has been rescinded in writing.

Under this emergency order, direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts or when the motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce.

“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 emergency relief efforts, or in a combination of emergency relief and normal operations, equals or exceeds 14 hours,” the order says. LL

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