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Law Alert: FMCSA Declares Regional Emergency and Exemptions in Anticipation of Hurricane Florence

by Brandon K. Wiseman, Timothy W. Wiseman

September 13, 2018

 

FMCSA Declares Regional Emergency and Exemptions in Anticipation of Hurricane Florence

This past Tuesday, September 11, 2018, the Federal Motor Carrier Safety Administration (“FMCSA”) issued a Regional Emergency Declaration and an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations for motor carriers and drivers providing direct assistance supporting emergency relief efforts in Delaware, the District of Columbia, Florida, Georgia, Kentucky, Maryland, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, Virginia, and West Virginia, in connection with Hurricane Florence.

The Declaration is effective from September 11, 2018 until the end of the emergency or until October 10, 2018, whichever is sooner. It provides a broad exemption from the requirements of 49 C.F.R. Parts 390 through 399 (including, for example, the hours-of-service regulations) for commercial motor vehicle operations directly assisting emergency relief efforts by transporting supplies, equipment, fuel, and/or persons into and out of the affected jurisdictions. Importantly, the exemption ceases to apply upon the motor carrier’s termination of direct assistance to the relief effort, 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 a driver reports that he/she is in need of immediate rest, the motor carrier must still allow the driver to obtain at least 10 consecutive hours off duty before returning to duty.

To view the FMCSA’s press release and for additional details about the Declaration, click here. If you have questions about the scope of the Declaration or its exemptions, contact Scopelitis attorneys Tim Wiseman or Brandon Wiseman.

 

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Scopelitis Transportation Law Alerts are intended as a report to our clients and friends on legal developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.

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