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FMCSA Update: Emergency Declaration Extension

February 16, 2021 9:07 AM | Anonymous

On Friday, FMCSA announced that they have extended the Emergency Declaration that was set to expire on February 28th. This extension includes the same regulatory relief for motor carriers and drivers providing direct assistance in support of relief efforts related to COVID-19, as included in the December 1st declaration.

The expanded declaration published today is limited to the transportation of:

  1. Livestock and livestock feed;
  2. Medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19;
  3. Vaccines, constituent products, and medical supplies and equipment including ancillary supplies/kits for the administration of vaccines, related to the prevention of COVID-19;
  4. Supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants, and;
  5. Food, paper products and other groceries for emergency restocking of distribution centers or stores.

Please note, this expanded declaration becomes effective at 12:00 A.M. February 17th, and expires on May 31st, 2021. Note, the Agency has indicated that “it is FMCSA’s intention to wind down the exemptions granted under this Emergency Declaration and related COVID-19 regulatory relief measures to the extent possible”. That is likely indication this may be one of the final extensions.

As with previous declarations, emergency regulatory relief is provided from parts 390 through 399 of the FMCSRs, including the hours-of-service regulations. Emergency relief does not include certain FMCSR’s related to the safe operation of CMVs, such as controlled substance and alcohol testing, financial responsibility requirements, CDL requirements, operation of a CMV while ill or fatigued, size and weight requirements, and additional FMCSR’s which are outlined in the declaration.

Additionally, ATA is monitoring several other waivers that are set to expire the end of this month, including the CDL/CLP and Medical Certificate waivers. We will provide an update if any extensions are issued.

We encourage everyone to review the applicability, restrictions, and limitations which are included in the exemption posted to the FMCSA’s website. 


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Phone: 717-761-7122 • Fax: 717-761-8434

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