FMCSA HOS Exemption

5 minutes

by Dennis Katsnelson

As of April 8, 2020, the FMCSA increased the emergency declaration, which affects the trucking industry's Hours of Service (HOS) requirements. While FMCSA frequently issues similar declarations for loads involved in disaster response, such as storm and fire response, this may be the biggest statement they have ever made.

Exemption from DOT Hours of Service

With a few exceptions outlined below, the emergency declaration allows motor carriers and drivers to provide "direct assistance in support of relief efforts related to the COVID-19 outbreaks relief." As a result, carriers providing direct assistance are exempt from current non-emergency hours of service regulations.

"Transportation and other relief services given by a motor carrier or its driver(s) incident to the prompt restoration of critical services, such as medical care, or vital supplies, such as food, connected to COVID-19 outbreaks during the emergency," according to the definition.

Current Non-emergency Regulations:

• Truck drivers have a 16-hour exemption rule, 11 of which can be driving time in most cases.
• With a few exceptions, drivers must rest for 10 consecutive hours in order to reset their daily clocks.
• Drivers must take a 34-hour restart while they are not on duty once every week. (It is technically every 60 or 70 hours each week, but consider it once per week.)

We took this video from the Marks Trucking Life channel.

Details on the Emergency Suspension

The exception applies to the following situations:

• Medical supplies and equipment for COVID-19 testing, diagnosis, and therapy;
• Masks, gloves, hand sanitizer, soap, and disinfectants are among the supplies and equipment required for community safety, cleanliness, and the prevention of COVID-19 transmission in the community.
• Food, paper goods, and other consumables for refilling distribution hubs or retailers in an emergency.
• Immediate precursor raw materials, such as paper, plastic, or alcohol, that are necessary for the production of products in categories (1), (2), or (3). (3)
• Fuel, materials, and personnel required to create and administer COVID-19-related temporary housing, quarantine, and isolation facilities
• Persons designated for medical, isolation, or quarantine purposes by federal, state, or municipal authorities;
• Persons required to offer additional medical or emergency services, the supply of which may be impacted by the COVID-19 response.

It is vital to clarify that the exemption does NOT apply to mixed cargoes that only comprise a "nominal quantity of eligible emergency relief contributed to gain the advantages of this emergency declaration." However, the clause expressly excludes "regular commercial deliveries."

The suspension of HOS laws does not allow drivers to travel in a dangerous manner that endangers the public, and they must continue to drive safely and rest when necessary.

Impacts and Discussion

The third criterion, which will most certainly generate the most uncertainty, concerns loads for emergency food replenishing at stores and distribution hubs. Develop a standard operating procedure with your supply chain partners to specify specific loads that should be covered under this criterion if necessary.

Remember that brokers and shippers are still subject to the coercion rule. If a driver expressly informs a shipper or broker that they will be compelled to break hours, speed, or other regulations in order to satisfy service needs, the shipper or broker cannot pressure the driver into breaching those rules and must find alternatives. Furthermore, loading and unloading times are frequently the areas most influenced by these emergency declarations, allowing truckers significantly greater freedom with loading and unloading times.