§ 390.23 - Automatic relief from regulations.

§ 390.23 Relief Automatic relief from regulations.

Cross Reference

Link to an amendment published at 88 FR 70908, Oct. 13, 2023.

(a) Presidential declaration of emergency. Parts 390 through 399 of this chapter, or any section thereof, shall not apply to any motor carrier or driver operating a commercial motor vehicle to provide emergency relief during an emergency, subject to the following time limits:

(1) Regional emergencies.

(i) The exemption provided by paragraph (a)(1) of this section is effective only when:

(A) An emergency has been

so long as the motor carrier or driver is providing direct assistance during an emergency declared by the President of the United States

, the Governor of a State, or their authorized representatives having authority to declare emergencies; or

(B) FMCSA has declared that a regional emergency exists which justifies an exemption from parts 390 through 399 of this chapter.

(ii)

(A)

pursuant to 42 U.S.C. 5191(b) during the emergency period or 30 days from the date of the initial declaration of the emergency, whichever is less.

(b) Regional declarations of emergency. Except as provided in paragraph (

a

b)(1)

(ii)(B)

of this section

and § 390.25, the exemption shall not exceed the duration of the motor carrier's or driver's direct assistance in providing emergency relief, or 30

, §§ 395.3 and 395.5 of this chapter shall not apply to a motor carrier or driver operating a commercial motor vehicle so long as the motor carrier or driver is providing direct assistance during an emergency declared by the Governor of a State, their authorized representative, or FMCSA during the emergency period or 14 days from the date of the initial declaration of

the

emergency

or the exemption from the regulations by FMCSA

, whichever is less.

(

B) If a Governor who

1) Residential heating fuel shortages. Parts 390 through 399 of this chapter, or any section thereof, shall not apply to a motor carrier or driver operating a commercial motor vehicle to provide residential heating fuel in the geographic area designated in an emergency declaration issued by the Governor of a State. If the Governor of a State declares an emergency caused by a shortage of residential heating fuel

(namely heating oil, natural gas,

and

propane)

,

subsequently determines

at the

end

conclusion of the 30-day period immediately following the declaration, determines that the emergency shortage has not ended, and extends the declaration of an emergency for up to

2

two additional 30-day periods, this

exemption

regulatory relief shall remain in effect up to the end of such additional periods

, not to exceed 60 additional days, for a motor carrier or driver providing residential heating fuel in the geographic area designated by the Governor's declaration of emergency

. The total length of the emergency shall not exceed 90 days.

(2) [Reserved]

(c) Local emergencies.

(i) The exemption provided by paragraph (a)(2) of this section is effective only when:

(A) An emergency has been

Sections 395.3 and 395.5 of this chapter shall not apply to a motor carrier or driver operating a commercial motor vehicle so long as the motor carrier or driver is providing direct assistance during an emergency declared by a Federal, State, or local government official having authority to declare an emergency

; or

(B) FMCSA has declared that a local emergency exists which justifies an exemption from parts 390 through 399 of this chapter.

(ii) This exemption shall not exceed the duration of the motor carrier's or driver's direct assistance in providing emergency relief,

for the period of such assistance or 5 days from the date of the initial declaration of

the

emergency

or the exemption from the regulations by FMCSA

, whichever is less.

(

3

d)Tow trucks responding to emergencies.

(i) The exemption provided by paragraph (a)(3) of this section is effective only

Section 395.3 of this chapter shall not apply to a motor carrier or driver operating a commercial motor vehicle so long as the motor carrier or driver is providing direct assistance during an emergency when a request has been made by a Federal, State, or local police officer for tow trucks to move wrecked or disabled motor vehicles.

(ii)

This

exemption

regulatory relief shall not exceed the length of the motor carrier's or driver's direct assistance in providing emergency relief

,

or 24 hours from the time of the initial request for assistance by the Federal, State, or local police officer, whichever is less.

(

b)

e) Termination of regulatory relief.

(1) Upon termination of direct assistance to the

regional or local

emergency relief effort, the motor carrier or driver is subject to

the requirements of parts 390 through 399 of this chapter,

all previously exempted sections with the following exception: A driver may return empty to the motor carrier's terminal or the driver's normal work reporting location without complying with

parts 390 through 399 of this chapter

the previously exempted sections. However, a driver who informs the motor carrier that he or she needs immediate rest must be permitted at least 10 consecutive hours off duty before the driver is required to return to such terminal or location. Having returned to the terminal or other location, the driver must be relieved of all duty and responsibilities.

(2) Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo not destined for the emergency relief effort, or when the motor carrier dispatches such driver or commercial motor vehicle to another location to begin operations in commerce.

(

c

3) When the driver has been relieved of all duty and responsibilities upon termination of direct assistance to

a regional or local

an emergency relief effort, no motor carrier shall permit or require any driver used by it to drive, nor shall any such driver drive in commerce, until the driver has met the requirements of §§ 395.3(a) and (c) and 395.5(a) of this chapter.

[57 88 FR 33647, July 30, 1992, as amended at 60 FR 38744, July 28, 1995; 68 FR 22514, Apr. 28, 2003; 70 FR 50070, Aug. 25, 2005; 76 FR 81186, Dec. 27, 2011; 79 FR 63059, Oct. 22, 2014; 86 FR 57073, Oct. 14, 202170908, Oct. 13, 2023]