What does 49 CFR 390.23 (Automatic relief from regulations) require?

Short answer

49 CFR 390.23 provides automatic relief from regulations for motor carriers and drivers operating commercial motor vehicles during emergencies declared by the President, Governors, or local government officials. The relief applies to specific regulations, such as parts 390-399, and has time limits, including 30 days from the initial declaration or the duration of the emergency period, whichever is less.

The rule says

"Parts 390 through 399 of this chapter, or any section thereof, shall not apply to any motor carrier or driver operating a commercial motor vehicle so long as the motor carrier or driver is providing direct assistance during an emergency declared by the President of the United States pursuant to 42 U.S.C. 5191(b) during the emergency period or 30 days from the date of the initial declaration of the emergency, whichever is less." (49 CFR 390.23(a))

"395.3 and 395.5 of this chapter shall not apply to a motor carrier or driver operating a commercial motor vehicle so long as the motor carrier or driver is providing direct assistance during an emergency declared by the Governor of a State, their authorized representative, or FMCSA during the emergency period or 14 days from the date of the initial declaration of emergency, whichever is less." (49 CFR 390.23(b))

In plain English

This regulation provides temporary relief from certain safety regulations for motor carriers and drivers responding to emergencies. The goal is to facilitate quick response and aid during crises, such as natural disasters or fuel shortages, without compromising safety. However, the relief is limited in duration and scope, and motor carriers must still comply with other safety regulations not exempted by this rule. Inspectors will check for documentation of the emergency declaration and the motor carrier's direct assistance efforts.

What to do

• Review the emergency declaration and its scope to determine if your operations qualify for relief.
• Document your direct assistance efforts, including the emergency declaration and your response.
• Ensure compliance with non-exempted safety regulations during the emergency period.
• Notify FMCSA if you need an extension of the regulatory relief period.