FMCSA clarifies fuel haulers are included under emergency declaration
Washington, D.C. – Today, FMCSA released an updated Emergency Declaration for commercial motor vehicle operations providing direct assistance to COVID-19 relief efforts. The declaration can be located on FMCSA’s website here.
In the update, FMCSA provided new guidance on which operations are covered by the declaration, clarifying that fuel haulers are in fact included. The updated declaration also provides new guidance on “mixed load” operations.
“We thank Administrator Mullen and the Trump Administration for continued support to our industry as we deliver food, water, medicine, medical supplies, fuel and other essentials throughout this public health crisis,” said Dan Horvath, Vice President of Safety Policy at the American Trucking Associations. “The men and women of the trucking industry are heroes who remain on the front lines in this national effort.”
ATA encourages individuals to review the official declaration to determine if their operations are included:
This Emergency Declaration provides regulatory relief for commercial motor vehicle operations providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks, including transportation to meet immediate needs for: (1) medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19; (2) 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; (3) food, paper products and other groceries for emergency restocking of distribution centers or stores; (4) immediate precursor raw materials-such as paper, plastic or alcohol-that are required and to be used for the manufacture of items in categories (1), (2) or (3); (5) fuel; (6) equipment, supplies and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to COVID-19; (7) persons designated by Federal, State or local authorities for medical, isolation, or quarantine purposes; and (8) persons necessary to provide other medical or emergency services, the supply of which may be affected by the COVID-19 response. Direct assistance does not include routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of this emergency declaration.
Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts related to the COVID-19 outbreaks or when the motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce. 49 CFR § 390.23(b). Upon termination of direct assistance to emergency relief efforts related to the COVID-19 outbreaks, the motor carrier and driver are subject to the requirements of 49 CFR Parts 390 through 399, except that a driver may return empty to the motor carrier's terminal or the driver's normal work reporting location without complying with Parts 390 through 399.