When a hurricane floods the Gulf Coast, wildfires rage in the West, or tornadoes rip through Midwest towns, truck drivers are among the first to roll into affected areas with water, food, fuel, and other critical goods.

To help make that happen quickly, government agencies can issue emergency declarations that temporarily lift specific trucking regulations. But the exemptions aren’t blanket permission to ignore safety regulations, and the rules for when and how they apply have evolved in recent years.

It’s important to know what emergency declarations allow — and what they don’t.

Emergency Declarations: What Trucking Rules Are Waived?

Emergency declarations can be issued in response to natural disasters or other events that immediately threaten human life or public safety or disrupt essential services. They can be issued by the president, a state governor, or the Federal Motor Carrier Safety Administration.

Such a declaration allows specific safety rules to be suspended for a limited time for trucking companies and drivers providing direct assistance.

The authority for these exemptions is outlined in federal regulation 49 CFR 390.23.

In the past, emergency declarations could waive a wide range of federal motor carrier safety regulations.

But in 2023, FMCSA changed the rules, limiting their scope and duration. The broad and unprecedented nationwide federal emergency exemptions issued during the COVID-19 pandemic lasted for years and were sometimes misunderstood or abused.

Federal exemptions today only cover hours-of-service rules that limit how long a driver can be on duty or behind the wheel. The goal is to help carriers and drivers move urgently needed supplies without the restriction of regulatory time clocks, both because of the urgency of the needed relief and because drivers heading into disaster zones often deal with delays due to road closures and other causes.

Some states may suspend additional regulations in their emergency declarations, such as truck size and weight limits or certain permitting requirements for trucks engaged in relief efforts.

Before beginning a run tied to disaster relief, carriers and drivers should confirm the details with state emergency management officials.

The maximum duration of exemptions was also reduced in 2023. While national emergencies declared by FMCSA may last up to 30 days, state or regional declarations are now limited to 14 days unless extended.

Emergency Exemptions Apply Only to Direct Assistance

Not every load headed toward a disaster qualifies for an exemption. The rules only apply when a driver is providing what FMCSA calls “direct assistance.” This refers to transportation and services that are directly involved in emergency relief.

Emergency declarations spell out what's included. In general, "direct assistance" includes the immediate restoration of essential services (such as electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions) or essential supplies (such as food and fuel).

There’s no requirement to carry a copy of the declaration in the vehicle, unless the declaration says otherwise. Still, many carriers choose to keep a copy on hand for clarity at roadside inspections.

Traveling Through States Unaffected by Emergency Declaration

In a clarification, FMCSA explained that when drivers are providing direct assistance to an emergency covered by a disaster declaration and have to travel through non-emergency states on the way, the emergency exemption still stands.

For instance, say the governor of Wyoming declares an emergency because of a wildfire and aviation fuel is urgently needed to support air tanker operations. A driver picking up that fuel in Nevada and delivering it to Wyoming qualifies for the exemption, even if the route passes through states like Idaho that aren’t named in the declaration.

The exemption still applies if the driver returns to Nevada to reload with more fuel for Wyoming.

But it does not apply if the driver hauls a load unrelated to the emergency, or transports fuel to a different state not covered by the declaration.

Back to Business After An Emergency Load

Once a driver is no longer supporting direct emergency operations, the exemption ends.

Even if an emergency declaration is still in effect, the emergency must be ongoing, and you must be providing direct emergency assistance in order to be exempt.

When a driver transitions from emergency work back to normal operations, if he or she has been on duty for 14 or more hours (including any mix of emergency and regular driving), a 10-hour off-duty period is required before returning to standard operations.

Emergency Exemptions Don't Trump Safety Considerations

Even when operating under an exemption, drivers and carriers must still operate responsibly, FMCSA emphasizes.

That means not dispatching fatigued or ill drivers, and not continuing a trip when conditions pose a clear danger to others on the road.

If you’re unsure whether a particular exemption applies or have questions about operating under an emergency declaration, FMCSA operates a toll-free hotline at 1-877-831-2250.

For up-to-date emergency declarations and full regulatory details, visit www.fmcsa.dot.gov/emergency-declarations.