Hours Of Service Waiver Issued For Heating Fuels Through Jan. 6

On December 22, 2022, the Federal Motor Carrier Safety Association issued a Regional Declaration of Emergency covering Pennsylvania and other states.

The Federal Motor Carrier Safety Administration hereby declares that an emergency exists that warrants issuance of a Regional Emergency Declaration and an exemption from certain regulatory requirements in Part 395 of the Federal Motor Carrier Safety (FMCSRs), except as otherwise restricted in this Emergency Declaration. 

Such emergency is in response to severe winter storms and high demand resulting in difficulty in obtaining the necessary 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. 

This Declaration addresses the emergency conditions creating a need for immediate transportation of heating fuel, including propane, natural gas, and heating oil, and provides necessary relief.

By execution of this Emergency Declaration, motor carriers and drivers providing direct assistance supporting emergency relief efforts transporting heating fuel, including propane, natural gas, and heating oil, into the Affected States are granted emergency relief from 49 CFR § 395.3, maximum driving time for property-carrying vehicles, subject to the restrictions and conditions set forth herein.

Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential supplies or essential services.

Direct assistance does not include transportation related to long-term rehabilitation of damaged physical infrastructure or routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of this emergency declaration, after the initial threat to life and property has passed.

In accordance with 49 CFR § 390.23, this Emergency Declaration is effective immediately and shall remain in effect until the end of the emergency (as defined in 49 CFR § 390.5T) or until 11:59 P.M. (ET), January 6, 2023, whichever is earlier.

The PPA has previously confirmed with our state agency partners that this version of a federal waiver covers both interstate and intrastate travel within the Commonwealth.

Pennsylvania incorporates the provisions of 49 CFR Parts 382, 385, 387 and 390—396, by reference for Interstate Motor Carrier operations in PA Title 67, Chapter 229, (§ 229.14. Adoption of portions of 49 CFR by reference) 

For Intrastate Motor Carrier operations this is done in PA Title 67, Chapter 231. (§ 231.7. Adoption of portions of 49 CFR by reference).

Drivers should keep a copy of this waiver in their vehicle during the period of the waiver.

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