WASHINGTON — Federal regulators are temporarily waiving hours-of-service regulations for truckers hauling heating fuel in four northeastern states in response to severe winter weather and a power outage.
The regional emergency order, issued by the Federal Motor Carrier Safety Administration on Friday, exempts drivers operating in Delaware, New Jersey, New York, and Pennsylvania from regulation 49 CFR 395.3, which covers daily and weekly maximum allowable driving times.
“This emergency declaration is issued in response to winter storms and cold weather in the affected States and a power outage at a major gas refinery and industrial complex in Marcus Hook, Pennsylvania severely disrupting the flow of propane and the current and anticipated effects on people and property, including the immediate risk to public health, safety and welfare,” the order states.
“This emergency declaration addresses the emergency conditions creating a need for immediate transportation of heating fuel, including propane, natural gas, and heating oil, and provides necessary relief.”
The order applies to all shipments regardless of where the freight originated as long as the carrier or driver is responding to the emergency.
“Direct assistance does not include transportation related to long-term rehabilitation of damaged physical infrastructure after the initial threat to life and property has passed, nor does it include routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of the declaration,” according to the order.
FMCSA has attached several conditions to the waiver, including:
- Drivers are not exempted from drug and alcohol testing requirements or from vehicle size and weight limits.
- Carriers and drivers subject to an out-of-service order are not eligible for waiver relief until the order has been rescinded.
- Direct assistance by carriers and drivers responding to the emergency ends when the driver or the truck begins hauling cargo not associated with the emergency relief efforts.
The order expires on December 26, unless emergency conditions end sooner.
