FMCSA Ends All Active Coronavirus Trucking Exemptions
The Federal Motor Carrier Safety Administration (FMCSA) has allowed all COVID- 19 commercial motor vehicle (CMV) emergency declarations to expire on Oct. 15, 2022. These exemptions provided CMV drivers compliance flexibility for certain sections of Part 395 of the Federal Motor Carrier Safety Regulations (FMCSRs), including hours of service requirements, vehicle inspection obligations and driver qualification rules.
COVID-19 Exemption Overview
The exemptions applied to drivers who provided “direct assistance” in support of emergency relief efforts related to the COVID-19 pandemic. The exemption included efforts to meet immediate needs for:
Livestock and livestock feed;
Medical supplies and equipment for testing, diagnosis and treatment of COVID-19;
Vaccines, medical supplies and equipment for COVID-19 vaccines;
Supplies and equipment necessary for community safety, sanitation and prevention of community COVID-19 transmission, such as masks, gloves, hand sanitizer, soap and disinfectants;
Food, paper products and other commodities for emergency restocking of distribution centers or stores; and
Gas, diesel, jet fuel, ethyl alcohol, diesel exhaust fluid, propane, natural gas and heating oil.
Next Steps
The FMCSA has stated states that there are no active emergency declarations at this time. All of the COVID-19 exemptions have been placed in the COVID-19 archives.
As a result, CMV drivers and carriers should note that the exemptions are no longer in effect and return to full compliance with all current FMCSRs.
This Legal Update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. © 2022 Zywave, Inc. All rights reserved.