FMCSA Suspends Some Hours of Service (HOS) Regulations Due To Winter Storms
The Federal Motor Carrier Safety Administration has issued a Regional Emergency Declaration and is continuing the exemption from certain hours of service regulations due to winter storms impacting much of the U.S.
the Federal Motor Carrier Association (FMCSA) has stated that the emergency is in response to winter storms and high demand resulting in decreased availability of heating fuel, including propane, natural gas, and heating oil. The declaration covers 41 states and Washington, D.C. The waiver is effective immediately and will remain in effect until the end of the emergency or through March 8, whichever is earlier.
What States are Affected?
Affected states are: Alabama, Arizona, Arkansas, Connecticut, Delaware, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming.
Under terms of the declaration, motor carriers and truck drivers providing direct assistance supporting emergency relief efforts transporting heating fuel are temporarily exempt from 49 CFR Part 395.3, which is the maximum driving time regulation in the Federal Motor Carrier Safety Regulations.
Direct assistance ends when a driver or commercial vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts related to the emergency in the affected states.
What is the Maximum Driving Time for Property-Carrying Vehicles?
For starters, “Driving time” means all time spent at the driving controls of a commercial motor vehicle in operation.
According to 49 CFR § 395, the FMCSA in 2020, expanded the short-haul exception to 150 air-miles and allows a 14-hour work shift to take place as part of the exception; expands the driving window during adverse driving conditions by up to an additional 2 hours; requires a 30-minute break after 8 hours of driving time (instead of on-duty time) and allows an on-duty/not driving period to qualify as the required break; and modifies the sleeper berth exception to allow a driver to meet the 10-hour minimum off-duty requirement by spending at least 7, rather than at least 8 hours of that period in the berth and a minimum off-duty period of at least 2 hours spent inside or outside of the berth, provided the two periods total at least 10 hours, and that neither qualifying period counts against the 14-hour driving window.
Who is Subject to Hours of Service (HOS) Regulations?
HOS regulations apply to drivers who operate a commercial motor vehicle (CMV) in the United States, no matter whether they are from the United States or an international motor carrier from Canada or Mexico. A CMV is defined as a vehicle (with or without a trailer) which satisfies any of the following conditions:
- Weighs (including any load) at least 10,001 lbs. (4,536 kg), OR
- Has a gross vehicle weight rating or gross combination weight rating of at least 10,001 lbs. (4,536 kg), OR
- Transports hazardous materials in a quantity requiring placards
- Made intentionally or used to transport 16 or more passengers, including the driver, without compensation
- Made intentionally or used to transport 9 or more passengers, including the driver, for compensation
There are two different sets of regulatory provisions for Hours of Service: Interstate and Intrastate.
Interstate commerce:
Drivers who are not involved in interstate commerce at all times must continue to comply with FMCSA HOS regulations for at least 7 or 8 days after they stop performing interstate commerce, depending on what exact ruleset they operate under.
Intrastate commerce:
Refers to the transfer of goods, services and passengers that stay within the borders of one state. If you are operating in intrastate commerce only, the federal HOS regulations do not apply to you. However, each state creates their own HOS regulations for intrastate commerce drivers, such as the Texas Transportation Code for Texas intrastate drivers.
Vehicles transporting hazardous material in large quantities, even during times in which they are not carrying any load must comply with FMCSA HOS regulations not intrastate regulations.
Related Articles: