WASHINGTON — FMCSA has declared an emergency due to the deadly flooding in Central Texas that gives truck drivers and trucking companies relief from daily driving time limits.
FMCSA’s declaration, issued on Monday, is in response to a request from the state of Texas for help in restoring essential supplies and services caused by the flood that began on July 3. FMCSA stated that it granted the relief because emergency conditions in the area had not subsided.
The death toll caused by the flood surpassed 100 on Monday as the chances of finding more survivors began to fade, according to news reports.
The emergency order provides relief from Parts 390-399 of FMCSA regulations for commercial trucks that provide direct assistance “incident to the immediate restoration of essential supplies or essential services” in Texas, FMCSA’s declaration states.
“The regulatory relief … applies regardless of the origin of the trip, so long as the carrier or driver is providing direct assistance to the State of Texas.
“Direct assistance does not include transportation related to long-term rehabilitation of damaged physical infrastructure after the initial threat to life and property has passed, nor does it include routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of the Declaration.”
Drivers responding to provide direct assistance are exempt from the applicable regulations in all states on their route to the emergency, “even though those states may not be involved in the emergency or stated in the declaration of emergency,” according to FMCSA.
In addition to daily drive-time limits, the relief applies to truck inspections, maintenance, and parking rules. They do not exempt drivers or carriers from requirements relating to CDL, drug and alcohol, hazardous materials, and size and weight limits.
FMCSA noted that the relief provision is not in effect when the driver begins hauling freight that is not in support of emergency relief efforts, or when the motor carrier dispatches a driver or truck to another location for other commercial services.
The emergency declaration expires on August 4.
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