Trucking Advisory: Emergency Waivers

Oregon Department of Transportation sent this bulletin at 03/14/2020 08:07 AM PDT

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Trucking Advisory: Emergency Waivers

On Friday afternoon, the President declared a national emergency to address the coronavirus crisis. Exemptions (“waivers”) from many of the Federal Motor Carrier Safety Regulations (FMCSRs) occur automatically in accordance with 49 CFR 390.23 when the President of the United States issues a declaration of emergency (as defined in 49 CFR 390.5), and are effective for up to 30 days.

Regulatory parts of 49 CFR that are waved are from 390–399, most significantly:

  • 390: General Requirements (e.g., recordkeeping, vehicle marking)
  • 391: Driver Qualifications (e.g., physical standards, English language proficiency)
  • 392: Driving of CMVs (e.g., pre-trip inspection, fatigued operation)
  • 393: Parts and Accessories (e.g., lighting, cargo securement)
  • 395: Hours of Service (e.g., 11-hour driving limit, 14-hour on-duty limit)
  • 396: Inspection, Repair and Maintenance (e.g., post-and annual trip inspections)

The following are not exempt:

  • Drug and alcohol testing
  • CDL requirements
  • Insurance requirements
  • Hazardous materials regulations
  • State vehicle registration requirements
  • Size and weight
  • Household goods movers- consumer protection regulations, and
  • Other Federal commercial regulations

An additional declaration, suspending drivers hours of service requirements for motor carriers providing essential supplies, has been issued.

Questions about these waivers should be directed to the Registration Unit at 503-378-6699.

In addition, Oregon is prepared to issue special divisible load permits during the emergency to overweight vehicles and loads that can easily be dismantled or divided if all of the following conditions are met:

  • The permits are issued in accordance with State law, and
  • The permits are issued exclusively to vehicles and loads that are delivering relief supplies

Questions about this permit should be directed to the Over-Dimension Permit Unit at 503-373-0000, Option 4. The Over-Dimension Permit is available Monday-Friday between the hours of 7 AM & 5 PM Pacific time, closed on state holidays, and on Wednesdays from 12 noon to 1 PM Pacific time for staff meetings.