FMCSA Extends Emergency COVID-19 HOS Waiver

Citing supply chain issues, the agency set October 15 as the new expiration date.

September 01, 2022

ALEXANDRIA, Va.—The Federal Motor Carrier Safety Administration (FMCSA) is extending the COVID-19 emergency declaration, which waives Part 395.3 (maximum driving time) of the Federal Motor Carrier Safety Regulations for carriers providing emergency relief related to the pandemic. The declaration, which was set to expire yesterday, will now be effective through October 15, 2022.

FMCSA extended the declaration because of the supply chain issues resulting from COVID-19. “The presidentially declared emergency remains in place, persistent issues arising out of COVID-19 continue to affect the U.S. including impacts on supply chains, and nationwide reporting continues to demonstrate substantial ongoing use of the regulatory relief under Emergency Declaration No. 2020-002,” FMCSA wrote in a statement. “Therefore, a continued exemption is needed to support direct emergency assistance for some supply chains.”

The hours-of-service waiver is applicable to drivers and carriers that transport essential services (such as medical care) or essential supplies related to COVID-19.

The waiver continues to be limited to the transportation of:

  • Livestock and livestock feed
  • Medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19
  • Vaccines, constituent products and medical supplies and equipment including ancillary supplies/kits for the administration of vaccines, related to the prevention of COVID-19
  • Supplies and equipment necessary for community safety, sanitation and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants
  • Food, paper products and other groceries for emergency restocking of distribution centers or stores
  • Gasoline, diesel, jet fuel and ethyl alcohol