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Emergency Declarations, Waivers, Exemptions and Permits

Overview

The Federal Motor Carrier Safety Administration (FMCSA) is coordinating with the following states that have Declared Emergency Declarations. We recommend you check each State's Web site and search for "Issued Emergency Declarations" if you are interested in more details. For those carriers or drivers interested in providing services or who need to understand FMCSA regulations, the following applies.

Category

Emergency Declaration Information

To provide vital supplies and transportation services to a disaster area in the United States, emergency declarations may be issued by the President, Governors of States, or FMCSA. These declarations trigger the temporary suspension of certain Federal safety regulations, including Hours of Service, for motor carriers and drivers engaged in specific aspects of the emergency relief effort. See 49 CFR 390.23 for the actual emergency regulation.

Relief from Federal Motor Carrier Safety Regulations is limited to a maximum of 30 days, unless extended by FMCSA itself.

The information below reflects currently available relief:

  1. Drivers responding to provide "direct assistance" to an "emergency" meeting the definitions in 49 CFR 390.5 and declared by FMCSA or a governor, are exempt from applicable regulations in all States on their route to the emergency, even though those States may not be involved in the emergency or stated in the declaration of emergency.
  2. These exemptions, when in effect, only apply to 49 CFR Parts 390-399. They do NOT exempt drivers/carriers from the requirements relating to CDL, drug/alcohol, hazardous materials, size & weight, or State/Federal registration and tax requirements. (However, a Governor's Declaration may add some of those exemptions—read the declaration for details.)
  3. Even if an Emergency Declaration is still in effect, the emergency must be on-going and you must be providing direct emergency assistance in order to be exempt from safety regulations.
  4. The list of Emergency Declarations below may not be complete. Declarations may be in effect even if not listed here. Read the declaration itself for all details.
  5. There is no requirement to carry a copy of the declaration in the vehicle unless stated so in the declaration itself.
  6. Drivers and carriers should coordinate with State emergency officials before providing assistance. State regulations regarding size and weight, permits, taxes, etc. may not have been waived.
  7. Even though safety regulations may be suspended, drivers and carriers are expected to use good judgment and not operate vehicles with fatigued or ill drivers, or under any conditions presenting a clear hazard to other motorists using the highways.

State Emergency Declarations by State


Florida

DescriptionEffectiveExpires on
OFFICE OF THE GOVERNOR: EXECUTIVE ORDER NUMBER 16-230 (Emergency Management - Hurricane Matthew)10/3/201610/10/2016
Florida Issues Emergency Order due to Tropical Depression #98/31/201610/30/2016
DIVISION OF FLORIDA HIGHWAY PATROL COMMERCIAL VEHICLE ENFORCEMENT Executive Order 16-205 Tropical Depression #98/31/201610/30/2016
FDOT BRIDGE RESTRICTIONS - APRIL 2016 8/31/201610/30/2016
Florida Department of Transportation TROPICAL DEPRESSION NUMBER 9 EMERGENCY ORDER (Pursuant to Executive Order No. 16-205) 8/31/201610/30/2016
STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER (Emergency Management - Tropical Depression #9)8/31/201610/30/2016
Emergency Road Use Permit 8/31/201610/30/2016
BRIDGE RESTRICTIONS 8/31/201610/30/2016


Georgia

DescriptionEffectiveExpires on
Declaring a State of Emergency in preparation for the effects of Hurricane Matthew10/4/201610/11/2016
Executive Order Issued due to Temporary Shutdown of Fuel Pipeline9/13/20169/17/2016


Iowa

DescriptionEffectiveExpires on
Gov. Branstad signs formal disaster proclamation for 13 counties affected by flooding in Iowa9/23/201610/22/2016


Kentucky

DescriptionEffectiveExpires on
Declaration Of Emergency For Damage Caused By Hurricane Matthew Official Order N0. 11041810/7/201611/7/2016


Louisiana

DescriptionEffectiveExpires on
Louisiana Declares State of Emergency due to Heavy Rain and Flooding8/12/20169/10/2016


Michigan

DescriptionEffectiveExpires on
Extension of Emergency Declaration Issued due to Ongoing Energy Emergency7/12/20169/9/2016


North Carolina

DescriptionEffectiveExpires on
AMENDED AND REISSUED - EXECUTIVE ORDER NO. 108: TEMPORARY SUSPENSION OF MOTOR VEHICLE REGULATIONS TO ENSURE RESTORATION OF UTILITY SERVICES AND TRANSPORTING ESSENTIALS10/3/201611/2/2016
EXECUTIVE ORDER NO. 108: TEMPORARY SUSPENSION OF MOTOR VEHICLE REGULATIONS TO ENSURE RESTORATION OF UTILITY SERVICES AND TRANSPORTING ESSENTIALS10/3/201611/2/2016
EXECUTIVE ORDER NO. 101 - TEMPORARY SUSPENSION OF MOTOR VEHICLE REGULATIONS TO ENSURE ADEQUATE FUEL SUPPLIES AND PROHIBIT EXCESSIVE PRICING9/16/201610/15/2016
DECLARATION OF A STATE OF EMERGENCY FOR THE STATE OF NORTH CAROLINA due to Tropical Storm Hermine EO 979/1/2016TBD
TEMPORARY SUSPENSION OF MOTOR VEHICLE REGULATIONS EXECUTIVE ORDER 989/1/201610/1/2016


South Carolina

DescriptionEffectiveExpires on
Executive Order Number 2016-26 Waiving Weight and HOS Limitations During State of Emergency10/4/2016TBD
Executive Order Issued due to Temporary Shutdown of Fuel Pipeline9/14/20169/21/2016


Tennessee

DescriptionEffectiveExpires on
ORDER DECLARING A STATE OF EMERGENCY FOR THE PURPOSE OF ENSURING THE UNINTERRUPTED SUPPLY OF FUEL9/16/20169/23/2016


Virginia

DescriptionEffectiveExpires on
Governor McAuliffe signs emergency order ahead of Matthew10/6/201611/6/2016
DECLARATION OF A STATE OF EMERGENCY FOR THE COMMONWEALTH OF VIRGINIA DUE TO HURRICANE HERMIN9/2/201611/30/2016


Wisconsin

DescriptionEffectiveExpires on
Wisconsin Emergency Declaration Extended due to Ongoing Energy Emergency7/7/20169/9/2016
Updated: Friday, October 7, 2016
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