Logistics Lane: COVID-19's Impact on Hours of Service

While strict USDOT rules and regulations strike fear into the hearts of many truckers and motor carriers, there are some exemptions provided by the FMCSA which companies must know about in order to properly schedule certain shipments and dispatch drivers correctly.

In response to the COVID-19 pandemic, on 03/13/2020, the FMCSA issued Emergency Declaration No. 2020-002 which allows CDL drivers to claim HOS exemptions when hauling products designated for emergency relief.

This declaration addresses national emergency conditions which created the pressing need for immediate transportation of essential supplies such as food, medicine and cleaning chemicals.

The section below contains information taken directly from the FMCSA website in order to clarify exactly which commodities are considered exempt under 2020-002.

Expansion and Extension of the Modified Emergency Declaration No. 2020-002 Under 49 CFR § 390.25 (February 17, 2021) | FMCSA (dot.gov)

(1) livestock and livestock feed;

(2) medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19;

(3) vaccines, constituent products, and medical supplies and equipment including ancillary supplies/kits for the administration of vaccines, related to the prevention of COVID-19;

(4) 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;

(5) food, paper products and other groceries for emergency restocking of distribution centers or stores. 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.

As a result of the pandemic, relief from FMCSRs for motor carriers and drivers hauling these commodities has been extended - currently until 03/31/2021.

So what does this mean for truckers hauling these emergency supplies?

In accordance with this declaration, DOT officers have been instructed to go easier when inspecting credentials such as electronic logbooks. For instance, drivers hauling exempt commodities are allowed greater flexibility during their workday, thus being able to drive more and push past the constraints of their regular 14 hour shift.

When hauling emergency supplies and needing additional time, truckers are allowed to drive on Personal Conveyance even when they are under dispatch. However, this does not mean that they can throw the rulebook out the window. No matter the circumstance, commercial drivers are expected prioritize safety on the road above anything else.

Drivers are still required to properly explain themselves in the "Notes" section of their log books. For every PC event, drivers need to clarify that they are driving under the exemption and keep a copy of their Bill of Lading for proof. In some cases, DOT officers may contact the shipper or consignee and inquire about the commodity and confirm its urgency.

In addition, drivers under the exemption must still take a full ten hour break when driving over the normal 11 hour limit in order to minimize the risk of an accident due to exhaustion. Operating a CMV under fatigue constitutes as an unsafe driving violation which carries a severity weight of ten points, enough to hurt both their record and that of their company.

In conclusion, Declaration No. 2020-002 grants the flexibility which CDL drivers need in order to timely deliver emergency supplies during the COVID-19 pandemic. However, drivers and motor carriers are still expected to follow FMCSA guidelines in order to avoid violations and prevent more accidents on the road. In spite of any exemptions which may apply, all parties must continue to obey the following FMCSA regulations:

1. 49 CFR § 392.2 related to the operation of a commercial motor vehicle in accordance with State laws and regulations, including compliance with applicable speed limits and other traffic restrictions.

2. 49 CFR § 392.3 related to the operation of a commercial motor vehicle while a driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the motor vehicle.

3. Motor carriers shall not require or allow fatigued drivers to operate a commercial motor vehicle. A driver who informs a carrier that he/she needs immediate rest shall be given at least ten consecutive hours before the driver is required to return to service.

4. 49 CFR §§ 392.80 and 392.82 related to the prohibitions on texting while driving and using a hand-held mobile telephone while driving.

5. 49 CFR §§ 396.7 and 396.9 related to the prohibitions on operating a vehicle in a condition likely to cause an accident or breakdown of the vehicle and operating a vehicle declared and marked out-of-service until all repairs required by the out-of-service notice have been satisfactorily completed.

6. A motor carrier whose driver is involved in a crash while operating under this emergency declaration must report any recordable crash within 24 hours, by phone or in writing, to the FMCSA Division Office where the motor carrier is domiciled. The carrier must report the date, time, location, driver, vehicle identification, and brief description of the crash.

7. Nothing in the Emergency Declaration or this extension of the expanded modified Emergency Declaration shall be construed as an exemption from the controlled substance and alcohol uses and testing requirements (49 CFR Part 382), the commercial driver’s license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), the hazardous material regulations (49 CFR Parts 100-180), applicable size and weight requirements, or any other portion of the regulations not specifically exempted under 49 CFR § 390.23.

8. Motor carriers or drivers currently subject to an out-of-service order are not eligible for the relief granted by this declaration until they have met the applicable conditions for its rescission and the order has been rescinded by FMCSA in writing.

9. 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 COVID-19 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 COVID-19, 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. When a driver is moving from emergency relief efforts to normal operations a 10-hour break is required when the total time a driver operates conducting emergency relief efforts, or a combination of emergency relief and normal operations, equals 14 hours.

***The full details are available on the FMCSA website - please refer to it for clarification and do your part in sharing this information so that more drivers and dispatchers are aware of these exemptions and their limitations. We need everyone to contribute so that we can continue to provide relief while keeping the roads safe!