The Federal Motor Carrier Safety Administration (FMCSA) Midwestern, Western, and Southern Service Centers extended the Regional Emergency Declaration due to high demand, weather, and other conditions. The emergency declaration waives hours-of-service requirements for those providing assistance to the affected states, including the delivery of propane and other fuels. The states included in the FMCSA Regional Declaration are: Illinois, Indiana, Iowa, Kansas, Kentucky, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, and Wisconsin.
The waiver is effective immediately and until 11:59 pm Friday, January 10, 2020. FMCSA specifically listed portions of the federal code that are not waived, including but not limited to:
- Part 392.2 operating in accordance with speed limits and other traffic restrictions;
- Part 392.3 operating in fatigue or impaired alertness;
- Part 395 preparation and retention of drivers’ records of duty status and noting “Emergency Declaration” when applicable;
- A motor carrier whose driver is involved in a crash while operating under the emergency declaration must report any recordable crash within 24 hours to the FMCSA Division Office;
- Drivers operating under the waiver must have a copy of this declaration in their possession;
- Part 395.3 upon termination of direct assistance to the emergency relief effort, the driver may not operate in interstate commerce until the driver has met minimum hours off duty.
The latest guidance on emergency declarations and waivers by the National Association of State Energy Officials is available here. Please direct any questions to or share new information with Sarah Reboli, NPGA Deputy Counsel, Regulatory Affairs.