12/28/2022
The Federal Motor Carrier Safety Administration (FMCSA) has issued a special emergency declaration allowing motor carriers and drivers who are transporting heating fuel, including propane, natural gas, and heating oil, to assist with emergency relief efforts in certain states to exceed the maximum driving time for property-carrying vehicles as specified in 49 CFR § 395.3. This emergency relief is subject to certain restrictions and conditions.
The conditions are as follows:
1. Nothing in this Emergency Declaration shall be construed as a waiver of or exemption from any applicable requirements or any portion of the FMCSRs (49 CFR Parts 350-399) including the controlled substance and alcohol uses and testing requirements (49 CFR Part 382), the commercial driver’s license requirements (49 CFR Part 383), or the financial responsibility (insurance) requirements (49 CFR Part 387); Federal Hazardous Materials Safety Regulations (HMRs) (49 CFR Parts 100-180); vehicle size, and weight limitations, as well as route designations administered by the Federal Highway Administration (23 CFR § 658; 23 U.S.C. 127; 49 U.S.C. §§ 31111-31115); or any other regulations for which relief is not specifically granted herein.
2. Motor carriers or drivers currently subject to an out-of-service order are not eligible for the relief granted by this Emergency Declaration until they have met the applicable conditions for its rescission and the order has been rescinded in writing by the issuing jurisdiction.
3. This Emergency Declaration provides for regulatory relief from 49 CFR § 395.3 for commercial motor vehicle operations only while providing direct assistance supporting emergency relief efforts.
In accordance with 49 CFR § 390.23, this Emergency Declaration is effective immediately and shall remain in effect until the end of the emergency (as defined in 49 CFR § 390.5T) or until 11:59 P.M. (ET), January 6, 2023, whichever is earlier.
Source: https://www.fmcsa.dot.gov/emergency/wsc-msc-ssc-esc-regional-emergency-declaration-no-2022-016-heating-fuel
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