Oversized fema loads and hos

Discussion in 'Heavy Haul Trucking Forum' started by Josielynn1989, Nov 2, 2017.

  1. Josielynn1989

    Josielynn1989 Bobtail Member

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    so we are going to be hauling modular homes for hurricane relief to Texas from pa the western service center emergency declaration just got extended does anyone know if we will qualify for the hos exemption in all the states I know we need permits ect except in Texas and a few states have their own declarations but does the 49 cfr 390 through 399 that doesn’t have to specifically do with oversized still apply
     
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  3. xsetra

    xsetra Road Train Member

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    Oversize driver is not required to take 30 minute break in 8 hour drive on duty.
    This HOS exemption is permanent. Driver should carry printout of exemption to be safe.
     
  4. ChaoSS

    ChaoSS Road Train Member

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    Yes. If there is an active emergency declaration for which you qualify then you are exempt in the state of origin, the state of delivery, and all states through which you must travel. As you said, you are not exempted by the federal exemption from state oversize/weight laws and must still get permits unless the state gives an exemption.

    Nothing in that exemption specifies that oversize loads do not qualify, and since the fmcsa specifically mentions that the exemption doesn't exempt you from permitting requirements you can assume that it does cover oversize loads.

    Keep in mind that while HOS may not apply any curfews and night travel restrictions will still apply, unless the state has an emergency exemption for that but not for the permit itself. Since I don't make habit of travelling those states I'm not familiar with curfews or time of day restrictions over there.
     
  5. Jumbo

    Jumbo Road Train Member

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    There is more to it.

    1) There is no "Should" carry a copy of the exemption. You MUST carry a copy of the exemption document and present it to law enforcement upon request.

    2) Only drivers moving in interstate commerce can use the exemption, not intrastate.

    3) All motor carriers using the exemption must have a "Satisfactory" or be "Unrated" by the FMCSA. Carriers ratings of "Conditional" or "Unsatisfactory" can not use the exemption.

    4) All motor carriers using the exemption must have a SMS score under the FMCSA intervention threshold.
     
    Last edited: Nov 3, 2017
  6. ChaoSS

    ChaoSS Road Train Member

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    Didn't that particular exemption expire this last June? Or was there an extension that I didn't see?
     
  7. Jumbo

    Jumbo Road Train Member

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    The following was supposed to be in my previous post. Thank you for pointing out the omission. I can not edit it into my original post now.

    5) The exemption is good for two years, through June 18, 2017
     
  8. Josielynn1989

    Josielynn1989 Bobtail Member

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    It was extended to dec 22nd
     
  9. Josielynn1989

    Josielynn1989 Bobtail Member

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    Not the exemption I’m talking about but got my answer talked to FMCSA today
     
  10. Josielynn1989

    Josielynn1989 Bobtail Member

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    You are completely correct verified with FMCSA today thank you for your help
     
  11. ChaoSS

    ChaoSS Road Train Member

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    That's what I thought. I keep seeing people talking about that exemption for oversize and I can't find anything extending it or making it permanent.
     
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