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Law Alert: FMCSA Extends Emergency Declaration Through May 15, 2020

by Brandon K. Wiseman, Timothy W. Wiseman

April 9, 2020

FMCSA has extended its Expanded Emergency Declaration through May 15, 2020, allowing motor carriers and drivers providing direct assistance to the COVID-19 emergency relief efforts to continue operating under the exemptions set forth in the declaration through that date. The agency also expanded the declaration’s list of covered services to include the transportation of liquefied gases to be used in refrigeration or cooling systems. Lastly, the agency clarified that, in addition to other regulations referenced in the Expanded Declaration (e.g., drug/alcohol testing, CDL requirement, hazardous materials regulations), drivers operating under the declaration are not exempt from 49 C.F.R. 392.2—relating to operation of commercial motor vehicles in accordance with state laws such as speed limits and traffic restrictions—or 49 C.F.R. 392.3—relating to operation of a commercial motor vehicle while a driver’s alertness is so impaired or likely to become impaired due to fatigue or illness as to make it unsafe for him/her to continue doing so.

For additional information about the FMCSA’s declaration including answers to frequently asked questions, as well as up-to-date coverage of various COVID-19-related issues impacting the transportation industry, be sure to visit the Scopelitis COVID-19 Task Force Resource Page.


News from Scopelitis is intended as a report to our clients and friends on 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.
© Scopelitis, Garvin, Light, Hanson & Feary, P.C. 2020. All rights reserved. 
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