FMCSA restores 30-day HOS relief for truckers during emergencies

The exemption is intended for commercial motor vehicles providing direct assistance in response to a declared emergency and is aimed at restoring essential services and supplies.

It provides relief from federal HOS regulations under 49 CFR 395.3 and 395.5. FMCSA emphasized that the exemption is limited to vehicles directly assisting with the emergency rather than serving as a blanket HOS waiver for trucking operations in an affected region.

The 30-day period also represents a maximum automatic exemption rather than a guaranteed month of relief. If the emergency declaration lasts less than 30 days, the exemption ends when the emergency period ends. FMCSA retains authority to extend an exemption beyond 30 days when necessary.

FMCSA reverses 2023 change

FMCSA shortened the automatic regional emergency exemption from 30 days to 14 days in an October 2023 final rule.

The agency reconsidered that decision after receiving petitions challenging the shorter period. In January, FMCSA proposed restoring the 30-day exemption and received 17 comments during a 60-day comment period.

The Owner-Operator Independent Drivers Association, Commercial Vehicle Safety Alliance, National Propane Gas Association, Gases and Welding Distributors Association, National Energy & Fuels Institute, Shippers Coalition and Montana Department of Transportation were among those supporting the proposal.

Transportation departments in Idaho, Montana, North Dakota, South Dakota and Wyoming also jointly supported the change.

National Tank Truck Carriers neither supported nor opposed the proposal, saying it would likely have limited practical effect on the tank truck industry.

One individual opposed restoring the 30-day period, arguing that keeping the exemption at 14 days would ensure more frequent reviews of whether emergency relief remained necessary.

FMCSA rejected that argument, saying the shorter period had created administrative problems and that restoring 30 days would reduce those burdens while maintaining safe operations.

The five state transportation departments supporting the rule told FMCSA that there was “no record of adverse safety effects” from emergency HOS regulatory relief.

Another commenter advocated extending the automatic exemption to 90 days, but FMCSA rejected that proposal.

The agency said its experience shows regional emergency exemptions rarely need more than 30 days to restore essential services and supplies. FMCSA can separately extend emergency exemptions beyond 30 days when needed.

Fewer extension requests expected

FMCSA expects the change to reduce the number of requests for extensions rather than substantially alter the economic impact of its emergency regulations.

The agency estimates returning to the 30-day period will reduce annual extension requests from about 50 to 25.

FMCSA projects the change will lower the annual industry burden associated with extension requests to 6.25 hours and $533. Government review costs are estimated at $896 annually.

Combined, FMCSA estimates eliminating about 25 extension requests each year will save carriers and the federal government approximately $1,429 annually.

Why it matters: The longer window gives carriers responding to hurricanes, floods, wildfires and other declared emergencies more time to move essential supplies and restore services without having to seek an extension after two weeks.