FMCSA Proposes Extending State Emergency Exemptions to 30 Days

The Federal Motor Carrier Safety Administration is proposing to expand FMCSA emergency exemptions by allowing state-issued declarations to last up to 30 days instead of the current 14-day limit. The agency is accepting public comments on the proposal through March 10.

Under current rules, when a governor declares a state emergency affecting trucking operations, that exemption automatically expires after 14 days unless FMCSA grants an extension. However, national emergency declarations issued directly by FMCSA can last up to 30 days. The new proposal would align state and federal timelines.

Why FMCSA Is Reconsidering the 14-Day Limit

This proposed change would partially reverse a 2023 rule adjustment. In 2023, FMCSA narrowed emergency exemptions after facing criticism over broad waivers during the COVID-19 pandemic. At that time, the agency limited exemptions strictly to hours-of-service (HOS) relief for drivers providing direct emergency assistance.

Importantly, the current proposal does not expand the scope of exemptions. Driver qualification standards, vehicle inspection requirements, and rules prohibiting operation while ill or fatigued would still apply. Instead, the only change involves the duration of the exemption.

FMCSA reconsidered the timeline after receiving seven formal petitions from states and industry groups, including:

• Commercial Vehicle Safety Alliance (CVSA)
• Governors of North Dakota, Montana, Idaho, and South Dakota
• Western Association of State Highway Transportation Officials
• National Propane Gas Association
• Owner-Operator Independent Drivers Association (OOIDA)

Six of those petitions specifically requested reconsideration of the 14-day cap.

Real-World Emergency Examples

States argued that many disasters last longer than two weeks, making the extension process burdensome and uncertain. For example, FMCSA cited several recent events:

• Collapse of the Francis Scott Key Bridge in 2024
• Western U.S. wildfires
• Back-to-back hurricanes in North Carolina

In some cases, FMCSA issued extension decisions just days before existing exemptions expired. As a result, states faced administrative challenges and uncertainty when planning emergency responses.

Montana provided a recent example. After a December 17, 2025 flood declaration, the state requested a 30-day extension the same day. However, as of early February, Montana had not received a response.

What the Proposed Rule Would Change

If approved, governors could issue emergency exemptions lasting up to 30 days without needing a separate extension request. However, exemptions would not automatically default to 30 days.

For example:

• A 14-day declaration would still expire after 14 days.
• If a governor cancels a 30-day emergency early, the exemption would end immediately.
• Relief would still apply only to drivers providing “direct assistance” during the emergency.

What FMCSA Wants to Know

FMCSA is seeking feedback from states and industry stakeholders, particularly regarding:

• How often states require extensions beyond 14 days
• Whether the proposal would reduce administrative burdens
• Estimated costs of submitting extension requests
• Potential impacts on staffing or emergency management resources

Carriers and state agencies can submit comments at Regulations.gov under Docket No. FMCSA-2025-0124.

 

Source:

https://www.truckinginfo.com/news/fmcsa-proposes-extending-state-emergency-exemptions-to-30-days