FMCSA to Revise Emergency Rules

We write about State of Emergency Declarations all the time here at TopMark Funding, but it seems the number of them and to what extent they cover are about to decrease, according to the Federal Motor Carrier Safety Administration (FMCSA).

Details

On October 10th, the FMCSA released a Final Rule that is set to reduce the number of situations that constitute a State of Emergency and what safety regulations are exempted.

For safety, the FMCSA still plans to suspend hours-of-service regulations for truckers providing direct relief in response to an emergency, but that other regulations that may be waived such as weight regulations should not be.

In regards to what constitutes an emergency, the FMCSA is saying that economic conditions causing a shortage of some sort, unless that shortage is to lead to potential loss of human life, does not count as one. Previous emergencies such as the one in response to the baby formula shortage will be significantly less likely to happen.

Finally, the FMCSA is shortening the typical window that a Declaration lasts. If it is from the president directly, it will last the typical thirty days, but from someone else such as a Governor or directly from the FMCSA itself, it will be only 14 days and can only be extended in 14 day intervals. Originally it was going to be shortened to five days, but the FMCSA has since struck a middle ground.

The reason the FMCSA is tightening the rules regarding regulatory suspensions? Abuse. In the Final Rule, the FMCSA cites examples that have happened recently that did not constitute an emergency, such as “[increasing] the supply of toys and other items for Christmas.” 

Conclusion

You can read more about the Final Rule on the relevant posting.

The FMCSA’s primary purpose is to promote safety, whether that is on the road, or, in the case of an event that may lead to casualties, to allow commercial drivers to travel on the road more if the situation calls for it. While fuel and baby formula shortages are unfortunate, the FMCSA does not see it as a justification for truckers to be able to travel beyond the standard time limit and risk putting more lives in danger.

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