Reminder: Amended FMCSA Hours Of Service Waiver Extended To Aug. 31

On May 13, the Federal Motor Carrier Safety Administration expanded the national hours of service waiver to include all motor fuels and heating fuel. This action also included amending the scope of the existing waiver to cover all deliveries.

The FMCSA said the expansion to all deliveries of covered fuels is due to the impact COVID-19 has had on the nationwide driver shortage. Moreover, energy marketers are not required to have drivers out due to COVID-19 related illness for the HOS to apply.

Instead, it is enough that COVID-19 has caused a driver shortage throughout the industry for the waiver to apply to all energy marketers for all deliveries of the covered fuels.

A FAQ of the May 13 FMCSA Amendment can be found here.

On May 27, the Federal Motor Carrier Safety Administration extended the hours of service waiver to 11:59 p.m. on August 31, 2022.

FMCSA is continuing the exemption and associated regulatory relief in accordance with 49 CFR § 390.25, because the presidentially-declared emergency remains in place and because, although the number of COVID-19 cases began to decline in the U.S. following widespread introduction of vaccinations, persistent issues arising out of COVID-19 continue to affect the U.S. including impacts on supply chains and the need to ensure capacity to respond to variants and potential rises in infections.

Therefore, a continued exemption is needed to support direct emergency assistance for some supply chains. This amendment of the extension of the modified Emergency Declaration 2020-002 is necessary to address particular fuel needs arising out of the ongoing emergency and to broaden the categories of fuel shipments covered.

The amendment of the extension of the modified Emergency Declaration No. 2020-002 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…. gasoline, diesel, jet fuel, ethyl alcohol, and heating fuel including propane, natural gas, and heating oil.

On May 31, the Federal Motor Carrier Safety Administration also added diesel exhaust fluid (DEF) to the waiver.

Click Here for a copy of the extension.

TAP HERE for all articles in June 20 EXPRESS Update