FMCSA Issues Regional HOS Waiver For Heating Fuel, Propane Drivers
On January 7, the Federal Motor Carrier Safety Administration (FMCSA) issued a regional driver hours of service (HOS) waiver for heating oil, propane and natural gas.
According to the FMCSA, the emergency is in response to winter storms and high demand resulting in decreased availability of heating fuel, including propane, natural gas, and heating oil, in the affected states and anticipated effects on people and property, including the immediate risk to public health, safety and welfare.
States Covered by the HOS Waiver: The states included under the waiver are: ALABAMA, ARIZONA, ARKANSAS, CONNECTICUT, DELAWARE, DISTRICT OF COLUMBIA, GEORGIA, IDAHO, IOWA, KENTUCKY, LOUISIANA, MAINE, MARYLAND, NEW HAMPSHIRE, NEW JERSEY, NEW MEXICO, NEW YORK, NORTH CAROLINA, NORTH DAKOTA, PENNSYLVANIA, RHODE ISLAND, SOUTH CAROLINA, SOUTH DAKOTA, TENNESSEE, UTAH, VERMONT, VIRGINIA, WEST VIRGINIA, WISCONSIN, AND WYOMING.
According to the FMCSA, the emergency is in response to winter storms and high demand resulting in decreased availability of heating fuel, including propane, natural gas, and heating oil, in the affected States and the current and anticipated effects on people and property, including the immediate risk to public health, safety and welfare.
Effective Date: The Emergency Declaration is effective immediately and remains in effect until the end of the emergency or until 11:59 P.M. (ET), February 6, 2022, whichever is earlier.
The waiver only applies to driver hours of service regulations. If the Governor or authorized representative of the State also issued an emergency declaration relating to this emergency, that State Declaration may provide additional regulatory relief.
Termination of the Waiver: Upon termination of direct assistance to emergency relief efforts related to the emergency in the affected states, drivers are subject to the all requirements of the Federal Motor Carrier Safety Regulations (FMCSRs), except that a driver may return empty to the motor carrier’s terminal or the driver’s normal work reporting location without complying with HOS requirements.
However, when a driver is moving from emergency relief efforts to normal operations, a 10-hour break is required when the total time a driver is engaged in emergency relief efforts, or in a combination of emergency relief and normal operations, equals 14 hours.
Pennsylvania Waiver Considerations: The waiver only applies to driver hours of service regulations. If the Governor or authorized representative of the State also issued an emergency declaration relating to this emergency, that State Declaration may provide additional regulatory relief.
Pennsylvania is not currently under a Proclamation of Disaster Emergency. Upon the issuance of the FMCSA waiver, the PPA asked our state agency partners to confirm the federal waiver will cover both interstate and intrastate travel within the Commonwealth. This has since been confirmed by FMCSA, PennDOT, and PA State Police. There is no additional action required by the state at this time. PA State Police, PA Public Utility Commission, and PA Local Police Motor Carrier Inspectors have received a copy of the waiver with the explanation that it also applies to intrastate travel within Pennsylvania.Click Here for a copy of the waiver.
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