This notice continues and extends the HOS relief granted in Emergency Declaration 2020-002 through May 31, 2021 and expands the relief to include the transportation of vaccines and supplies related to the prevention of COVID-19.
FMCSA is continuing the exemption to support direct emergency assistance for some supply chains.
By execution of this expansion and extension, motor carriers and drivers providing direct assistance in support of relief efforts related to the COVID-19 public health emergency are granted emergency relief from Parts 390 through 399 of the FMCSRs.
The waiver shall remain in effect until the end of February 28, 2021, or until the President declares the COVID-19 national emergency is over.
Direct assistance means transportation and other relief services provided by a motor carrier or its drivers incident to the immediate restoration of essential services (such as medical care) or essential supplies related to COVID-19 during the emergency.
The waiver provides regulatory relief for commercial motor vehicle operations providing direct assistance in support of emergency relief efforts related to COVID-19, and is limited to transportation of:
- livestock and livestock feed
- medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19
- vaccines, constituent products, and medical supplies and equipment including ancillary supplies/kits for the administration of vaccines, related to the prevention of COVID-19
- 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, and
- 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.
The FMCSA also issued an Enforcement Notice, explaining that it will not take enforcement action against drivers and motor carriers that fall under the terms of the waiver. However, we have seen some roadside enforcement still give violations out when drivers are meeting the waiver guidelines.
Our DOT Compliance Specialists can help with DataQ’s. You can call 888.260.9448 to talk to a specialist or request more information in the form above.
Incorrect violations can be challenged and our DataQ process and our DOT consultants are well-versed in the FMCSA rules and regulations, with specific knowledge on what officers are required to note in their report. We are able to challenge one DataQ or schedule a monthly review of all roadside inspections and report on which violations can be challenged.
Regarding accident reporting, each employer must notify the FMCSA within 5 business days of an accident involving any driver operating under the terms of this waiver. For more information on accident reporting during the waiver, go to the FMCSA press release.