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PMAA Regulatory Report - February 7, 2014

SUBJECT: U.S. DOT – Drivers Hours of Service Waivers
ISSUE: Regional Driver Hours of Service Waivers Extended to March 1
PMAA CONTACT: Mark S. Morgan, Regulatory Counsel - mmorgan@pmaa.org
DATE: February 7, 2014

U.S. DOT EXTENDS REGIONAL DRIVER HOURS OF SERVICE WAIVERS TO MARCH 1, 2014:

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has extended through March 1, 2014, current hours-of- service waivers effective in the Midwest, South and East Coast regions. The waivers are limited to pick-up and deliveries of heating oil, and propane. The DOT regional waivers were set to expire on February 11, 2014. However, extreme cold weather conditions have caused shortages and interruptions in the availability of heating oil and propane supply in these areas. As a result, drivers require more time behind the wheel to obtain adequate supply for delivery to both commercial and residential customers. U.S. DOT hours of service regulations apply to all interstate CDL drivers as well as intrastate CDL drivers hauling hazardous materials including petroleum products.

AREAS COVERED BY U.S. FMCSA WAIVERS

Midwest: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, Ohio, Wisconsin, North Dakota and South Dakota.

Northeast: Connecticut, District of Columbia, Delaware, Massachusetts, Maryland, Maine, New Jersey, New Hampshire, New York, Pennsylvania, Rhode Island, Virginia, Vermont and West Virginia.

Southeast: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina and Tennessee.

COMPLIANCE WITH FMCSA WAIVERS:

Drivers must keep in their possession a current copy of the regional waiver covering the area in which they operate.

The regional waivers expire at 11:59 PM on March 1, 2014. The waivers may expire earlier upon declaration by the U.S. DOT that emergency conditions in the affected regions no longer exist.

The regional waivers apply to Title 49, Parts 390-399 of the Code of Federal Regulations – including the federal driver hours of service regulations. However some of these requirements are not waived including driver drug and alcohol regulations. See the limitation and restriction section of the applicable regional waiver for a full list of Parts 390-399 that are not affected by the waiver.

Drivers who use hours of service log books must put the words “Emergency Declaration” in the comments section to show that hours of operation were made in support of emergency assistance.

Once the emergency declaration expires, drivers must return directly to their principal place of business with cargo tanks empty. After the driver returns at the end of the waiver period, all hours of service requirements apply including mandatory off duty periods prior to restart of the work week.

COPIES OF FMCSA WAIVERS:

Click here to download copies of applicable regional waivers. 

 

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