9.14.20 FMCSA Update
Extension of the Modified Expanded Emergency Declaration No. 2020-002 Under 49 CFR § 390.25
Federal Motor Carrier Safety Administration
September 11, 2020
EXTENSION OF THE MODIFIED EXPANDED
EMERGENCY DECLARATION No. 2020-002
UNDER 49 CFR § 390.25
THE FIFTY UNITED STATES OF AMERICA AND THE DISTRICT OF COLUMBIA
The Federal Motor Carrier Safety Administration (FMCSA) hereby declares that the continuing national emergency warrants the extension of Emergency Declaration No. 2020-002. This extension continues the exemption granted from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSRs) for the fifty States and the District of Columbia as set forth below. This notice extends the exemption through December 31, 2020, subject to the restrictions and limitations set forth in this Extension.
Emergency Declaration No. 2020-002 was issued following the declaration of a national emergency by the President pursuant to 42 U.S.C. § 5191(b) in response to the Coronavirus Disease 2019 (COVID-19), the public health emergency declared by the Health and Human Services Secretary, and the immediate risk COVID-19 presents to public health and welfare.
3.29.20 Trucking industry getting assistance from all corners amidst the COVID-19 pandemic
Governor Parson and the Missouri Department of Transportation are offering special permits and extended hours to truckers responding to the COVID-19 pandemic.
“The volume of goods that are being transported, particularly to grocery stores right now is unfathomable, its 2-3 times the Christmas rush, Black Friday type volume,” said Tom Crawford, President and CEO of the Missouri Trucking Association.
The Missouri Trucking Association represents truckers and trucking companies in front of state agencies and state and federal legislature.
“72% of Missouri’s communities get their goods exclusively by trucks, nobody else gets it there except by the trucks, so a lot of places you see around the state and the country, truckers get there every day, every week, you know whatever their schedule is — they’ll get there,” Crawford said.
In response to Governor Parson’s state of emergency declaration, MoDOT is now allowing for heavier truckloads of goods to travel on Missouri highways until April 30th.
EXTENSION OF REGIONAL DECLARATION OF EMERGENCY
On December 30, 2017, as a result of the effects of severe winter weather, including Winter Storms Frankie and Grayson, FMCSA issued a Regional Declaration of Emergency for the Affected States and jurisdictions. The Emergency Declaration was extended on January 10, 2018. Because emergency conditions have not abated, FMCSA is again extending the Emergency Declaration and associated regulatory relief in accordance with 49 CFR § 390.25. This extension of the Regional Declaration of Emergency addresses ongoing emergency conditions creating a need for immediate transportation of heating fuel, including propane, natural gas, and heating oil, into and from the Affected States and jurisdictions and provides necessary relief.
ELD Users Required to Carry Backup
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Emergency Declaration – 17-02 Frigid Temperatures
Effective December 29, 2017 through January 2, 2018
In response to frigid temperatures and the continued demand for fuel delivery, the Missouri Department of Public Safety has issued an emergency declaration to waive certain federal regulations under the authority of 49 C.F.R. § 390.23, for carriers who directly assist in emergency relief efforts by transporting fuels commonly used in the heating of residences, businesses, and other facilities.
While this declaration is in effect, participating carriers are relieved from compliance with title 49, part 395 of the Code of Federal Regulations (hours of service regulations).
Carriers may benefit from the waiver while under load and when returning either empty or with loads directly related transporting heating fuels.
Carriers should carry a copy of the declaration in the vehicle while operating in response to the relief efforts.
NONE of the emergency provisions apply to carriers who are not directly involved in the emergency relief efforts through delivery of heating fuel.…
Emergency Declaration – Tropical Storm Harvey
EMERGENCY DECLARATION 17-01
Effective May 4, 2017 to June 3, 2017
In response to severe spring storms causing massive flooding, the Missouri Department of Public Safety has issued an emergency declaration to waive certain federal regulations under the authority of 49 CFR 390.23, for carriers who participate in emergency relief efforts.
While this declaration is in effect, participating carriers are relieved from compliance with 49 CFR parts 395 (hours of service regulations).
Carriers may benefit from the waiver while under load and when returning either empty or with loads directly related to the emergency relief efforts.
Carriers should carry a copy of the declaration in the vehicle while operating in response to the relief efforts.
NONE of the emergency provisions apply to carriers who are not directly involved in the emergency relief efforts or delivery of essential services or supplies.
Carriers must read and understand the attached emergency declaration. In the event this note contradicts any information in the declaration, the declaration language shall rule.…
EMERGENCY DECLARATION – Wildfire Relief
Wildfires in states west of Missouri are consuming large swaths of livestock pasture. As a result, livestock producers are in great need of animal feed. In order to streamline relief efforts, the Missouri Department of Transportation, at the request of Gov. Eric Greitens and in consultation with the Missouri Department of Agriculture, is waiving travel time restrictions for those hauling oversize loads of hay in Missouri to one of the affected states.
The Emergency Declaration for the destination state can be downloaded and printed from the FMCSA website https://www.fmcsa.dot.gov/emergency A copy of the permit must be carried with the load and will be recognized by the Missouri State Highway Patrol.
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Oversize permits are required of loads exceeding 8’6” in width. Through April 8, 2017, permits for overwide loads of hay will:
– Be issued free of charge
– Be issued up to 12’ wide (load length, height and weight must remain within legal limits)
– Allow travel during curfew hours and at night
These continuous movement oversize permits are only available to those hauling hay in direct response to disaster relief efforts.…
Interpretation and Enforcement Changes for Fuel Carrier Industry – UPDATE
The Missouri Highway Patrol Vehicle Enforcement Division has decided to hold off from enforcing the recent interpretation from the Pipeline and Hazardous Materials Administration (PHMSA) changes how you placard a full load of diesel fuel, NA1993.
In a recent response/interpretation from PHMSA they have alerted the industry of how 49 CFR 172.336 is being enforced. The interpretation would no longer allow a carrier to display the flammable placard with the markings UN1203 when the entire load is diesel fuel, NA1993.
Missouri Highway Patrol Commercial Vehicle Enforcement leadership has decided to hold off on enforcing the interpretation until a determination is finalized on whether this will be permanently changed. Several groups in Washington DC are working to get this language changed so that carriers could transport diesel fuel, gasoline and heating oil in different compartments in a truck using only a gasoline placard without having to affix or switch multiple placards.
Call Jason Ahten at 573-634-3388 for more details.…
FHWA Releases Compendium of Size and Weight Regulations
The Federal Highway Administration has released its Compilation of Existing State Truck Size and Weight Limit Laws. This publication was requested by Congress in 2012 in the MAP-21 highway bill. It is a compendium of state size and weight regulations, in effect on October 1, 2012, that allow vehicles operating on the National Highway System to exceed federal size and weight limits. In addition to limits for trucks in regular operation, the report includes exemptions for specific commodities or types of vehicle. Because federal length law is permissive, the report focuses almost exclusively on weight limits.
~American Trucking Associations ~…