Post-Helene emergency declarations provide regulatory relief

October 10, 2024

The Federal Motor Carrier Safety Administration (FMCSA) has issued a regional emergency declaration in the wake of Hurricane Helene, offering relief from many regulations for truck and bus drivers helping with recovery efforts.

The declaration issued on October 4, 2024, means highway safety regulations in 49 CFR Parts 390-399 do not apply to commercial drivers providing direct assistance to support emergency relief efforts in the eight states most affected by the hurricane. The regulations cover such requirements as:

Hours of service,
Driver qualification,
Cargo securement,
Daily and annual vehicle inspections,
and more.

Importantly, drivers and motor carriers must continue to comply with rules for drug/alcohol testing, commercial driver’s licensing, insurance, and the transportation of hazardous materials, and must obey restrictions on vehicle size, weight, and routing.

The eight affected states are Alabama, Florida, Georgia, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia. The emergency declaration will remain in place until the end of the emergency or until the end of the day on October 27, 2024, whichever comes first.

Terms apply

To qualify for the exemption, drivers must be providing direct assistance supporting emergency relief efforts involving transportation and other relief services. These services must be incident to the immediate restoration of essential supplies or essential services in the affected states.

“Direct assistance” does not include:

Transportation related to the long-term rehabilitation of damaged physical infrastructure after the initial threat to life and property has passed; or
Routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of the emergency declaration.

Drivers may claim the exemption while traveling to and from the affected state(s), except that a driver who asks for rest must be given 10 hours off before returning to the normal terminal or work-reporting location.

Immediately after Hurricane Helene passed through in late September, governors in seven states declared emergencies that triggered a narrow exemption from the hours-of-service limits, per 49 CFR 390.23. Once President Biden declared an emergency, however, it triggered a broader exemption covering most safety regulations.

Website and hotline

The FMCSA has set up a dedicated website for Hurricane Helene emergency-relief efforts: https://www.fmcsa.dot.gov/newsroom/hurricanetropical-storm-helene-updates-and-information

The agency also established a “Routing Assistance Hotline” for Hurricane Helene responders. The hotline is available to recommend safe routes of travel for the movement of government response personnel, equipment, and goods, at 833–99-ROADS or 833-997-6237.

Publish Date

October 10, 2024

Author

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Type

Industry News

Industries

Transportation