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Motor carriers and drivers providing direct assistance in relief efforts in the affected states are covered by a hours-of-service (HOS) exemption.
Over the weekend, a winter storm swept across much of the United States, and to this day, its aftermath continues. As a result, on the night of January 23, the Federal Motor Carrier Safety Administration (FMCSA) issued a Regional Emergency Declaration covering 40 affected states to assist with relief efforts following the massive winter storm.
Under the emergency declaration, motor carriers and drivers providing direct assistance in relief efforts in the affected states are covered by a hours-of-service (HOS) exemption. This exemption relieves drivers providing emergency services from Part 395.3 of the hours-of-service regulations, which governs the maximum driving time for commercial motor vehicles.
States with hours-of-service (HOS) exemptions under the Regional Emergency Declaration
As stipulated by the FMCSA, the exemption applies regardless of the origin of the trip, as long as the operation supports emergency relief efforts in the affected states. However, this type of exemption does not cover routine commercial deliveries, mixed loads containing only nominal emergency supplies, or long-term recovery or infrastructure repair after the emergency period.
The January 23 notice established that the states covered by the Regional Emergency Declaration include:
- Alabama
- Arkansas
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maryland
- Massachusetts
- Michigan
- Mississippi
- Minnesota
- Missouri
- Montana
- Nebraska
- New Hampshire
- New Jersey
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Vermont
- Virginia
- West Virginia
- Wisconsin
- Wyoming
Motor carriers using the HOS exemption should note that:
- All other regulations remain in effect, including CDL requirements, drug and alcohol testing, insurance, HAZMAT, and size/weight regulations.
- Drivers or carriers placed out of service are NOT eligible until the order is officially lifted.
- Once the emergency declaration ends, normal HOS rules return to effect, including required rest periods before resuming standard operations.
Winter storm in the United States: the aftermath
Despite the storm’s significant impact and the aftermath it left over the weekend—including widespread power outages—most major highways and interstate roadways have remained open since Monday morning.
Various states report that ice and snow cover roadways, but only a handful of interstate closures remain in effect. Snow removal and ice control operations continue along major corridors, especially in Pennsylvania and parts of New York, where deep snow and subzero temperatures have severely affected road traffic.
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