Texas emergency order extended

July 27, 2022

Land Line Staff

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An emergency order in Texas due to widespread wildfires has been extended through Aug. 22.

The order provides relief for motor carriers and drivers providing direct assistance to the wildfire emergency from maximum driving time for property-carrying vehicles (49 CFR § 395.3).

On July 21, the state requested an extension of the emergency declaration due to wildfires that posed an imminent threat of widespread or severe damage, injury, and loss of life or property in multiple Texas counties.

As of Wednesday morning, Texas A&M Forest Service reported 16 new wildfires that burned approximately 548 acres.

“Because emergency conditions have not abated, FMCSA is extending the state emergency declaration and granting regulatory relief in accordance with 49 CFR § 390.25 as set forth herein,” said the order.

Direct assistance does not include routine commercial deliveries, including mixed loads with nominal quantity of qualifying emergency relief to obtain the benefits of the declaration.

Motor carriers and drivers operating under this order are subject to certain restrictions.

  • The extension of this emergency declaration is not a waiver or exemption from any requirements or portion of FMCSR or other regulations for which relief is not specifically granted.
  • Motor carriers or drivers subject to an out-of-service order are not eligible from relief through this extension until the meet applicable conditions, and the order has been rescinded in writing.
  • 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.
  • 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 combination of relief and normal operations, equals or exceeds 14 hours.

Wildfires in the West

California, Idaho and Montana also are dealing with wildfires due to drought conditions.

Parts of Yosemite National Park and Sierra National Forest have closed, as have numerous local roads. LL