FMCSA tightens rules for truck drivers during emergencies

October 10, 20230

Under the new rule, the Federal Motor Carrier Safety Administration (FMCSA) will reduce the amount of regulatory benefits provided to truck drivers who provide direct assistance after disasters.

On Tuesday, October 10, the FMCSA released a rule that outlines plans to “narrow the scope” of the safety rule exemption that truckers operate under in emergency circumstances.

Under the new rule, FMCSA will continue to exempt truckers providing direct emergency response from hour-of-service requirements, but the agency says it sees no reason to waive other rules, “including the Part 391 driver qualification requirements.” the vehicle inspection requirements of part 396, parts and accessories required by part 393, and other operational requirements such as the prohibition on operation while sick or fatigued in part 392.”

FMCSA states that waiving all of the rules in parts 390 through 399 could have a negative impact on highway safety and does not have a direct impact on a carrier’s ability to provide assistance during an emergency.

The Final Rule also clarified that an “emergency” does NOT include “economic conditions caused by market forces, including shortages of raw materials or supplies, strikes, driver shortages, inflation, or fluctuations in freight or brokerage rates, unless such conditions or events create an immediate threat to human life and lead to the declaration of an emergency.”

The rule will take effect 60 days after publication in the Federal Register.

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