Severe New Mexico Flood Spurs Emergency Hours-of-Service Waiver for Truckers
Flooding in Ruidoso Prompts FMCSA Response
Severe flooding in Ruidoso and across Lincoln County has led the New Mexico Department of Public Safety (DPS) to issue an emergency declaration affecting truckers. As of July 10, 2025, the state has temporarily lifted certain hours-of-service (HOS) regulations for commercial motor vehicle operators engaged in flood relief efforts.
This decision comes after record rainfall and flash flooding hit the area earlier this week, causing major road damage, power outages, and disruptions to supply chains. The flooding has left entire neighborhoods inaccessible and in need of emergency deliveries such as fuel, food, water, and construction materials.
To help speed up relief efforts, DPS and the Federal Motor Carrier Safety Administration (FMCSA) have authorized a suspension of some federal trucking regulations under Title 49 CFR §390.23.
Who the Emergency Declaration Applies To
The emergency waiver is limited to truckers providing direct assistance to recovery and support operations in:
- The Village of Ruidoso, New Mexico
- Lincoln County, New Mexico
If your load is directly related to supporting emergency relief efforts in those areas, such as delivering emergency equipment, utility materials, fuel, or humanitarian supplies, you may be eligible for the exemption.
This waiver only applies to commercial carriers and drivers operating under standard FMCSA authority. Carriers with an active out-of-service order are not permitted to operate under the waiver.
What the Waiver Covers
The emergency declaration provides relief from these federal HOS rules:
- 395.3 – Maximum driving time for property-carrying vehicles
- 395.5 – Maximum driving time for passenger-carrying vehicles
This means eligible truckers can temporarily exceed daily and weekly driving limits while responding to the declared emergency. The goal is to remove delivery delays that would otherwise occur under normal federal safety restrictions.
What the Waiver Does Not Cover
All other FMCSA and New Mexico state requirements remain fully in effect. Drivers and carriers must still comply with:
- Drug and alcohol testing regulations (49 CFR Parts 40 and 382)
- Commercial driver’s license (CDL) requirements (49 CFR Part 383)
- Minimum insurance coverage rules (49 CFR Part 387)
- Hazardous materials transportation regulations (49 CFR Parts 107, 171–173, 177, 178, and 180)
- New Mexico’s state weight, size, and traffic safety laws
In other words, this waiver is not a blanket exemption from all federal rules. It only applies to driving time limits for truckers directly involved in emergency response.
How Long the Waiver Lasts
The waiver took effect at 2:00 p.m. on July 10, 2025, and remains active until the emergency ends or through 2:00 p.m. on July 31, 2025, whichever comes first.
If weather conditions improve and emergency response operations wind down, the waiver may be canceled early. Drivers should check regularly for updates from DPS or FMCSA as the situation evolves.
Safety Still Comes First
Even with the waiver in place, drivers must use good judgment. Fatigue-related crashes remain a serious risk, especially during long shifts in high-stress disaster areas. The FMCSA encourages drivers to take proper rest breaks when possible, especially if not on urgent missions.
Motor carriers are also advised to monitor their drivers’ schedules to prevent excessive fatigue and to document all loads that fall under the emergency exemption in case of inspection or audit later.
What Truckers Should Do Now
If you are hauling goods or supplies to Ruidoso or other affected parts of Lincoln County:
- Confirm your delivery qualifies as “direct assistance” under the emergency declaration
- Coordinate with your dispatcher or carrier about tracking time under the waiver
- Drive carefully in and around flood-impacted areas; many local roads may be closed, damaged, or covered in debris
- Watch for updated routing instructions from local law enforcement or NMDOT
The waiver gives truckers the flexibility needed to get critical resources into the hands of people and organizations that need them most. But it’s not a license to ignore safety. Staying alert and operating responsibly will help ensure both a fast and safe recovery for everyone involved.
For questions about eligibility or compliance, contact the New Mexico Department of Public Safety or check for FMCSA updates on emergency declarations.
Related Articles: