From January 23rd to February 6th, 40 states are waiving the HOS limitations to allow for emergency operations.
On Saturday, January 24, the Federal Motor Carrier Safety Administration (FMCSA) issued a Regional Emergency Declaration that effectively provides hours-of-service relief due to the winter storms affecting several states.
This waiver in effect, allows certain motor carriers and drivers to better provide emergency support to affected areas.
The States Affected
The following states are included in this emergency declaration:
Alabama, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming.
Regulations Waived
From January 23 to February 6, drivers providing emergency relief will have the following regulations waived:
- 49 CFR § 395.3 – Maximum driving time for property-carrying vehicles.
- 49 CFR § 395.5 – Maximum driving time for passenger-carrying vehicles
Note – This only applies to direct assistance, including transportation or services that support the immediate restoration of essential supplies or services during the emergency.
What This Does NOT Include
This waiver does not include:
- Routine commercial deliveries
- Mixed loads with nominal emergency supplies
- Long term recovery or infrastructure repair after the emergency phase
Other Key Takeaways
- All other FMCSRs remain in effect, including CDL, drug and alcohol testing, insurance, HAZMAT, and size/weight requirements.
- Out-of-service drivers or carriers are NOT eligible until the order is officially lifted.
- When emergency assistance ends, normal HOS rules apply with required rest breaks before resuming standard operations.
- The FMCSA may change, extend, or end the emergency declaration depending on conditions.
You can read the full announcement here, or you may contact Sky Transport Solutions with questions about how this may affect you.