HOS Rules Eased as Hurricane Florence Approaches

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The Federal Motor Carrier Safety Administration has relaxed hours-of-service regulations in 11 states and the District of Columbia as Hurricane Florence makes its way to the East Coast.

The administrators at FMCSA’s Southern and Eastern Service Centers declared a state of emergency in Delaware, the District of Columbia, Florida, Georgia, Maryland, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Virginia and West Virginia on Sept. 10.

Hurricane Florence’s projected path is taking aim at the Carolinas with 130 mph winds and potentially ruinous rains. The Category 4 hurricane is expected to hit on Sept. 13.

“This emergency declaration is needed to address anticipated emergency conditions in the affected states and jurisdictions, creating a need for immediate transportation of supplies, equipment and persons, and provides necessary relief,” FMCSA’s notice states.

The regulatory relief applies to drivers involved directly in emergency relief efforts, such as transporting supplies, fuel and people.

According to FMCSA’s notice declaring the state of emergency, “direct assistance” terminates when a driver engages in interstate commerce to transport cargo that doesn’t relate to emergency relief efforts or when a dispatcher sends a driver to another location to begin engaging in interstate commerce.

FMCSA’s notice grants exemption from Parts 390-399 of the Federal Motor Carrier Safety Regulations, which covers parts and accessories needed for safe operation, hours of service and longer combination vehicles. Drivers are not exempt from requirements relating to commercial driver licenses, drugs and alcohol, hazardous materials, size and weight, and registration requirements.

FMCSA’s declaration will remain in effect for the duration of the emergency or until Oct. 10, whichever comes soonest.

The notice of regulatory relief came three days after North Carolina Gov. Roy Cooper issued an executive order suspending size and weight restrictions and HOS rules for drivers restoring utilities, removing debris and hauling food, medicine, fuel, livestock feed, poultry and crops.