The Federal Motor Carrier Safety Administration issued an emergency declaration on Sept. 10, in expectation of the imminent arrival of Hurricane Florence, later this week. The declaration provides for the smooth flow of people, equipment and supplies during and after the emergency, in the affected states. The declaration is posted below, in its entirety, unedited. The primary mission of FMCSA is to “prevent crashes, injuries and fatalities involving large trucks and buses.”
REGIONAL EMERGENCY DECLARATION UNDER 49 CFR §390.23
No. 2018-007
DELAWARE, DISTRICT OF COLUMBIA, FLORIDA, GEORGIA, MARYLAND, NEW JERSEY, NEW YORK, NORTH CAROLINA, PENNSYLVANIA, SOUTH CAROLINA, VIRGINIA AND WEST VIRGINIA
SEPT. 10 — In accordance with the provisions of 49 CFR § 390.23, the Regional Field Administrators for the Federal Motor Carrier Safety Administration’s (FMCSA) Southern and Eastern Service Centers, hereby declare that an emergency exists that warrants issuance of a Regional Emergency Declaration and an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSRs), except as otherwise restricted by this Emergency Declaration.
Such emergency is in response to Hurricane Florence, and its anticipated effects on people and property, including the immediate threat to human life or public welfare from high winds, heavy rains, high surf, storm surge and flooding. Affected states and jurisdictions included in this Emergency Declaration are: Delaware, District of Columbia, Florida, Georgia, Maryland, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Virginia and West Virginia. This Emergency Declaration is needed to address anticipated emergency conditions in the Affected States and jurisdictions creating a need for immediate transportation of supplies, equipment and persons, and provides necessary relief.
By execution of this Emergency Declaration, motor carriers and drivers providing direct assistance to the emergency in the Affected States and jurisdictions in direct support of relief efforts related to Hurricane Florence are granted emergency relief from Parts 390 through 399 of Title 49 Code of Federal Regulations except as restricted herein.
This Emergency Declaration provides for regulatory relief for commercial motor vehicle operations while providing direct assistance supporting emergency relief efforts transporting supplies, equipment, fuel and persons into and from the Affected States and jurisdictions, or providing other assistance in the form of emergency services during the emergency in the Affected States and jurisdictions from Hurricane Florence.
Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services not directly supporting the emergency relief effort or when the motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce. Upon termination of direct assistance to the emergency relief effort, the motor carrier and driver are subject to the requirements of 49 CPR Parts 390 through 399, except that a driver may return empty to the motor carrier’s terminal or the driver’s normal work reporting location without complying with Parts 390 through 399.
However, if the driver informs the motor carrier that he or she needs immediate rest, the driver must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier’s terminal or the driver’s normal reporting location. Once the driver has returned to the terminal or other location, the driver must be relieved of all duty and responsibilities and must receive a minimum of 10 hours off duty if transporting property, and 8 hours if transporting passengers.
Nothing contained in this Emergency Declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CPR Part 382), the commercial driver’s license requirements (49 CPR Part 383), the financial responsibility (insurance) requirements (49 CPR Part 3 87), the hazardous material regulations (49 CPR Parts 100-180), applicable size and weight requirements, or any other portion of the regulations not specifically authorized pursuant to 49 CPR§ 390.23.
Motor carriers or drivers currently subject to an out-of-service order are not eligible for the relief granted by this declaration until they have met the applicable conditions for its rescission and the order has been rescinded by FMCSA.
In accordance with 49 CFR§ 390.23, this declaration is effective immediately and shall remain in effect for the duration of the emergency (as defined in 49 CFR § 390.5) or until 11:59 P.M. (ET), October 10, 2018, whichever is less.
Darrell L. Ruban, Regional Field Administrator
Federal Motor Carrier Safety Administration
Southern Service Center
Curtis L. Thomas, Regional Field Administrator
Federal Motor Carrier Safety Administration
Eastern Service Center
