DOT Issues Emergency Declaration for Commercial Vehicles Delivering Coronavirus Relief

In a historic first, the Federal Motor Carrier Safety Administration issued a national emergency declaration to provide hours-of-service regulatory relief to commercial vehicle drivers transporting emergency relief in response to the nationwide coronavirus (COVID-19) outbreak.

Such emergency declarations previously have been issued for state or regional emergencies such as hurricanes or drought, but FMCSA officials confirmed to us that this is the first time a national declaration like this has been issued.

FMCSA’s declaration provides for regulatory relief for commercial motor vehicle operations providing direct assistance supporting emergency relief efforts intended to meet immediate needs for:

• Medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19.

• Supplies and equipment, including masks, gloves, hand sanitizer, soap and disinfectants, necessary for healthcare worker, patient and community safety, sanitation, and prevention of COVID-19 spread in communities.

• Equipment, supplies, and food for emergency restocking of stores.

• Persons necessary for establishment and management of temporary housing and quarantine facilities related to COVID-19.

• Persons designated by federal, state or local authorities for transport for medical, isolation or quarantine purposes.

• Personnel to provide medical or other emergency services. 

The emergency declaration stipulates that once a driver has completed his or her delivery, the driver must receive a minimum of 10 hours off duty if transporting property, and eight hours if transporting passengers. 

The transportation attorneys at Scopelitis note that, "Importantly, the exemption does not cover routine commercial deliveries or transportation of mixed loads that include essential supplies, equipment and persons, along with supplies, equipment and persons that are not being transported in support of emergency relief efforts related to the COVID-19 outbreaks."

To read FMCSA’s national emergency declaration, visit here. 

Some states are implementing additional measures.