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Saturday, September 24, 2022

Drivers Prociding Direct Relief During Hurricane Michael Exempt From Some Regulations

Drivers Providing Direct Relief During Hurricane Michael Exempt From Some Regulations 

Florida Gov. Rick Scott called Michael a “monstrous hurricane” with a devastating potential from high winds, storm surge and heavy rains.

Now the Federal Motor Carrier Safety Administration has declared that Hurricane Michael warrants issuance of a Regional Emergency Declaration and an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations.

Affected states and jurisdictions included in this Emergency Declaration are: Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee. The Emergency Declaration is needed to address anticipated emergency conditions and allow for the immediate transportation of supplies, equipment and persons, and necessary relief.

Motor carriers and drivers providing direct assistance and in direct support of relief efforts related to Hurricane Michael are granted emergency relief from Parts 390 through 399 of Title 49 Code of Federal Regulations.

Truck drivers transporting supplies, equipment, fuel and persons into and from the Affected States or providing other assistance in the form of emergency services fall under this exemption. 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.

This Emergency Declaration does not exempt drivers from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver’s license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), the hazardous material regulations (49 CFR Parts 100-180), applicable size and weight requirements, or any other portion of the regulations not specifically authorized pursuant to 49 CFR § 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granted by this declaration until they have met the applicable conditions for its rescission and the order has been rescinded by FMCSA.