FMCSA extends winter weather emergency hours of service waiver

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The Federal Motor Carrier Safety Administration today announced it has extended the regional emergency declaration that provides temporary hours-of-service relief for certain motor carriers and drivers due to severe winter storms and extreme cold impacting multiple states. 

The waiver is now effective Feb. 3 through Feb. 20, or until the emergency ends, whichever comes first. FMCSA said it may modify, extend, or terminate the declaration based on conditions.

This waiver supports urgent winter emergency response while maintaining overall safety, according to the FMCSA. It provides relief only to motor carriers and drivers providing direct assistance to emergency relief efforts in the affected 40 states. The FMCSA urges drivers and carriers to be sure to review the full waiver which can be found here

Relief applies regardless of trip origin, as long as the operation supports emergency relief in the affected states, said the FMCSA.

The states effected include:

AL, AR, CO, CT, DE, DC, FL, GA, IL, IN, IA, KS, KY, LA, MD, MA, MI, MS, MN, MO, MT, NE, NH, NJ, NY, NC, ND, OH, OK, PA, RI, SC, SD, TN, TX, VT, VA, WV, WI, WY 

Temporary relief is granted from: 

  • 49 CFR § 395.3 – Property-carrying vehicle driving limits
  • 49 CFR § 395.5 – Passenger-carrying vehicle driving limits 

The FMCSA said the waiver does not apply to

  • Routine commercial deliveries
  • Mixed loads with nominal emergency supplies
  • Long-term recovery or infrastructure repair after the emergency phase 

The agency said all other FMCSRs remain in effect, including CDL, drug and alcohol testing, insurance, HAZMAT, and size/weight requirements. Out-of-service drivers or carriers are NOT eligible until the order is officially lifted. 

FMCSA said that when emergency assistance ends, normal HOS rules apply, with required rest breaks before resuming standard operations.   

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