FMCSA extends HOS relief for some carriers

May 31, 20220

The Federal Motor Carrier Safety Administration (FMCSA) extended the waiver for drivers carrying certain goods during the pandemic.

The FMCSA extended a special Emergency Declaration in which drivers providing direct assistance during a pandemic are exempt from 49 CFR § 395.3 (maximum driving time for vehicles carrying property).

The opt-out extension applies to truck drivers who carry the following direct relief supplies during COVID-19:

  1. Livestock and livestock feed
  2. Medical supplies and equipment related to the testing, diagnosis, and treatment of COVID-19
  3. Vaccines, constituent products, and medical supplies and equipment including ancillary supplies/kits for the administration of vaccines, related to the prevention of COVID-19
  4. supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap, and disinfectants
  5. Food, paper products, and other groceries for emergency restocking of distribution centers or stores
  6. Gasoline, diesel, diesel exhaust fluid (DEF), jet fuel, ethyl alcohol, and heating fuel including propane, natural gas, and heating oil. 

It is important that the road carriers do not have the right to force the truck driver to work if he is tired. If the driver applies to the carrier with a request for rest, he is entitled to 10 hours for rehabilitation.

In turn, waiver drivers are required to comply with commercial driver’s license requirements, hazardous materials safety permit requirements, financial liability (Insurance) requirements, controlled substances and alcohol use requirements, testing requirements, hazardous materials regulations and route designations.

Recall that the previous extension was issued on February 26, 2022 and expired on May 31, 2022.


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