Late in the evening on March 13th, the FMCSA issued an expanded emergency declaration that suspended some driver regulations including the Hours of Service (HOS) and Electronic Logging Device (ELD) requirements.
After President Trump declared a national emergency over the COVID-19 Coronavirus pandemic, the U.S. Department of Transportation followed it up with an emergency declaration of its own. Commercial truck drivers are now exempt from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations if they meet certain criteria. Those parts cover Hours of Service requirements, including the need to use and maintain an ELD.
Drivers are exempted from HOS regulations as long as they are providing direct assistance in support of emergency relief efforts by transporting the following:
- Medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19;
- Supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants;
- Food, paper products and other groceries for emergency restocking of distribution centers or stores;
- Immediate precursor raw materials-such as paper, plastic or alcohol-that are required and to be used for the manufacture of items in categories (1), (2) or (3);
- Fuel;
- Equipment, supplies and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to COVID-19;
- Persons designated by Federal, State or local authorities for medical, isolation, or quarantine purposes; and
- Persons necessary to provide other medical or emergency services, the supply of which may be affected by the COVID-19 response.
Further, the exemption does not apply to “routine commercial deliveries,” which includes “mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of this emergency declaration.”
A great deal of confusion followed the exemption announcement. For example, if a driver is bringing food or medical supplies as part of their normal routine, does that mean they do not qualify for an exemption?
As it turns out, that driver would be exempted, but FMCSA issued a FAQ page on March 19th to clear up some confusion.
The exemptions will last until midnight of April 12th, until they are extended, or until the state of national emergency ends, whichever happens first.
For guidance on how to manage your risk of contracting the virus, visit the CDC website.
Source: truckinginfo, fleetowner, fleetowner, overdrive, ttnews, freightwaves, freightwaves, fmcsa, fmcsa, fmcsa
Drifter says
So, if you have a accident, regardless who’s at fault, will the government step in and support the driver or will the driver be thrown under the proverbial bus and have to deal with the consequences even though he was operating under the exempt status. Seems to me you’d be better off continuing to run “legal” for legality’s sake.
Les Anderson says
I doubt very little, under the growing emergency, that they will hinder OTRs from delivering their loads. From what I have read about exempting several trucking rules this morning HOS has been lifted for those carrying medical supplies, essential foods & so on.
I am guessing at this of course; however, there could be an exploding demand for team drivers. Further, truckers will be the in the realm of having privileged access to all highways and, have preferred access to fuels to keep the trucks moving. Hang in there guys & gals, you may once again be a welcomed God send when you are seen pulling into a receiver.
Bullfrogg says
As if working 70 hours a week is not enough? As a special thanks for working even more they’re shutting down all the rest areas and restaurants so you have no place to rest or replenish yourself. No thanks! Toilet paper is not an emergency item and water is available from every tap.
Michelle says
It always pisses me off how we’re told it’s unsafe to drive over a certain number of hours…but then when it’s least safe to drive at all, they look to us to drive “unsafely” (beyond the safe time.)
They want to control every aspect of our lives until they remember they need us.
Jay says
That’s what you get when you’re a “professional”
Robert says
No, it’s not what you get for being a professional. It’s called a double standard. We are not smart enough to determine when we are tired and not tired in order to drive according to the government yet under an emergency, all of a sudden we are able to determine this according to the government in order to fulfill their needs or the needs of the public? I would just run according to their implemented HOS ruling during all this and then maybe both the government and the general public will see how ridiculous the HOS rules really are.
Michael Grossman says
This is the time for all to park the trucks till they permanently change the hos at least back to split logging the way the rules were and more money wake up people
Jughead says
Good luck
Shifter says
You are absolutely right! That is exactly what I have done. I deactivated my Authority after 35 years, and I took my 379 long nose Pete and put her in the barn. No point in running her into the ground for cheap loads and a failing industry. I am done with the BS!
Rodney Barrand says
Yea they put all these rules and regulations on us because of safety but now it’s an emergency oh its ok lets do away with the safety all because people being greedy and afraid of running out of toilet paper and food and water .Well I think we should still go by the rules they don’t make exceptions when we have an emergency.They put the rules on us so live by them are put it back like they were paper logs and split sleeper birth .
David Jones says
Well said!!
David says
Some drivers are going to drive tell they drop then hurt someone. Then government comes out and cranks down even more.
Les Anderson says
……….. or, push companies to hire team drivers.
Ronald Terlitsky says
Only worthwhile comment was from Grossman. Right now is the ultimate time for the ELD change and a fat raise. I run a Glider so I don’t have to worry about that BS. And you all should be making what I do at least after 10+ years OTR ($2400-2800 per week) So nows a great time to stand up and say I want a raise MF!, and a paid trip to Hawaii each year! LoL
Joseph Johnson says
Since we truckers are needed Now more than ever we should get free masks and hazardous covid-19 pay. We should be able to drive as much as we can handle (16 hours- paper logs)in a 24 hour period day. I hope this gets us the respect we deserve since we are treated like The 60’s and 70’s Vietnam Vets. Thanks for reading and pass it on . Joseph (doc).in Mn.
Doug says
now would be the perfect time for a shut-down. just blame it on the coronavirus.
Charles says
Well, it hasnt changed how the car drivers are treating truckers…nor many a trucker. Its sickening out here, and I dont mean the virus. No regard for laws or driving etiquette. Stupidity and aggression, have become the widespread norm.
Stephen Meyer says
Well drivers I’ve always said if you need a change in this country and take away the government control on people in the main stream society,you need to just plain shut down til the change is made,not paying taxes is another way to make changes because this Socialist government that has taken over this country can’t operate without the taxes,it shouldn’t take a rocket scientist to see that,you people need to quit thinking about yourselves and start acting and not talking,talking never got us anywhere,Wake Up People
Tom says
Maybe something else needs brought to the attention of the FMCSA and that is use of ports potty’s for drivers. With this virus being airborne and be passed even when someone defecates in the ports potty it can be inhaled by your lungs. Most of the time at distribution centers and warehouses that is the preferred arrangements for drivers. We are better than that.
David says
Do the best you can , if you’re tired to where you don’t feel safe, stop and get some rest! I would think that it would be much better to deliver a little later than not to deliver at all! Can’t use medical supplies that are damaged and contaminated and it would take a lot longer to replace the supplies if not nearly impossible if something happens to the load already in route.
Bill says
Ok for all to hear there are those of us who have been at this before you were even thought of and know the past. You as a driver have the choice to stop when you are tired. I also know that there is no reg to say you have to drive 8 straight hours, If they tell you that you have to they are wrong. Those of us who have been doing this a long time know that you are in control of what you do, so to all of you use you common sense. My self in the past have ran 3 or 4 days straight not because I was made to but by my choice, will I do it now NO I stop and rest. I always put my safety first because if I’m safe then everyone around me is safe. When you stop on the side of the road way and there is an exit ramp 1 or 2 miles up the road go to the ramp and get off there to stop.that is safe on the road way is not. So to all you who are whining and little minds show the public just how valuable we are and that they can rely on us to do the right thing and deliver the goods that every one needs.