The Federal Motor Carrier Safety Administration is accepting comments through March 10 on a proposal that would extend how long emergency exemptions can remain in effect.

Under current rules, emergency declarations issued by governors automatically expire after 14 days unless FMCSA grants an extension. The new proposal would allow those exemptions to last up to 30 days — the same as national emergency declarations.

Reversing a 2023 Rule Change

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.

In 2023, FMCSA narrowed the scope of emergency exemptions following criticism of the broad, nationwide waivers issued during the COVID-19 pandemic.

That rule limited the exemption to temporary relief from normal hours-of-service limits, so drivers can deliver critical supplies and services as quickly and safely as possible.

Before 2023, exemptions could also apply to other safety rules — including driver qualification and vehicle inspection requirements, and even prohibitions on operating while ill or fatigued. FMCSA said waiving those rules did little to improve emergency response. Those limits would still apply under the new proposal.

The key change involves how long the exemptions can last.

Under current rules, emergency declarations issued by governors are limited to 14 days unless extended. National declarations issued by FMCSA can last up to 30 days.

Why the Change Was Proposed

After the 2023 rule change, FMCSA received seven petitions for reconsideration, from the Commercial Vehicle Safety Alliance (CVSA); the governors of North Dakota, Montana, Idaho, and South Dakota; the Western Association of State Highway Transportation Officials Subcommittee on Highway Transport; the National Propane Gas Association; and the Owner-Operator Independent Drivers Association.

Six of the seven petitions asked FMCSA to reconsider the 14-day limit on governor-issued emergency declarations.

The cited specific examples of events where the emergency response lasted more than 14 days and argued that the process for requesting extensions made it necessary to request an extension before it was even known how much additional time would be needed.

FMCSA pointed to several recent cases where extension decisions came just before the exemption was set to expire, including:

• The collapse of the Francis Scott Key Bridge in Baltimore, Maryland, in 2024.
• The wildfires in western United States.
• The back-to-back hurricanes in North Carolina in 2024.

That Doesn’t Mean All Exemptions Last 30 Days

The proposal would not automatically make all exemptions 30 days long.

If a governor declares a 14-day emergency, the exemption would still end after 14 days. If a 30-day declaration is canceled after 20 days, the exemption would end at that point as well.

The emergency relief still only applies to motor carriers and drivers providing “direct assistance” during the emergency.

What FMCSA Wants to Know from the States

FMCSA is seeking input from all stakeholders, but it is especially interested in feedback from states on:

1. How frequently have emergency declarations issued by your state required extensions beyond the current regulatory limit (14 days)?
2. To what extent would the proposed rule reduce the number of extension requests that your state needs to submit annually?
3. What are the estimated administrative costs incurred in preparing and submitting requests for extensions of emergency declarations?
4. Would the proposed rule lead to any changes in your state’s resource allocation or staffing needs as it relates to emergency management and regulatory compliance?

Submit a Comment

To submit a comment,  go to Regulations.gov and enter Docket No. FMCSA-2025-0124.

As of February 18, only four comments had been submitted.

In one of them, the Montana Department of Transportation supported the change and offered an example. Montana's governor signed an emergency declaration for a flood on December 17, 2025. MTS requested a 30-day extension on the same day the governor signed the emergency declaration. As of February 2, 2026, it had not yet received a response from the FMCSA on that request.