HOS and Sandy

Due to Hurricane Sandy, certain hours of service regulations have been temporarily suspended. Read on for details.

According to Curtis L. Thomas, Regional Field Administrator of the Federal Motor Carrier Safety Administration, pursuant to Title 49 CFR Part 390.23, a regional emergency exists that justifies an exemption from Part 390 through 399 of the Federal Regulations.

Such emergency is in response to Hurricane Sandy and its possible effects on people and property, including an immediate threat to human life or public welfare in the Eastern United States.

The emergency exemption is issued as a result of extreme weather conditions, shortages, and interruptions in the availability and/or delivery and repair of services and property throughout the States affected in the Eastern Region to include the following: Connecticut, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia and West Virginia. It is effective beginning October 29, 2012.

This declaration of emergency provides relief for commercial motor vehicles operations while providing these emergency materials and services to customers in the above mentioned states during the emergency. This exemption applies only to those operations providing direct assistance to the emergency relief effort. Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services not destined for the emergency relief effort or when the motor carrier operation dispatches such driver or vehicle to another location to begin operations in furtherance of commerce.

Note that nothing contained in this declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver’s license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), applicable size and weight requirements, or any other portion of the regulations not specifically identified.

Motor carriers or drivers currently subject to an out-of-service order are not eligible for the exemption until the order expires or they have met the conditions for its rescission. Drivers for motor carriers operating under this declaration must have a copy of the declaration in their possession.

Consistent with Title 49 CFR Part 390.23, the emergency notice will remain in effect for the duration of the emergency (as defined in Title 49 CFR Part 390.5) or 15 days (11:59 P.M., EST, November 12, 2012) whichever is less. For more information, visit the FMCSA link.

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