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On March 18, 2020, the Federal Motor Carrier Safety Administration (FMCSA) issued an <a href="https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2020-03/EXPANDED%20EMERGENCY%20DECLARATION%20UNDER%2049%20CFR%20%C2%A7%20390.23%20No.%202020-002.pdf" target="_blank" rel="noopener">Expanded Emergency Declaration</a> suspending enforcement of its hours-of-service, driver qualification, and other regulations set forth at 49 C.F.R. Parts 390-399 for commercial motor carriers and drivers providing direct assistance to emergency relief efforts related to coronavirus disease 2019 (COVID-19). The FMCSA’s hours-of-service rules limit the hours a driver can drive and impose minimum rest periods. By suspending these and other rules, the FMCSA intends to “help … get [] critical goods to impacted areas faster and more efficiently.”<a title="" href="#_edn1" name="_ednref1">[1]</a> The relief is designed to help retailers, manufacturers, health care providers, and government agencies address shortages of critical goods and supplies and position them in areas directly impacted by COVID-19.

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Truck transportation eligible for relief under the Expanded Emergency Declaration includes transportation to meet immediate needs for:

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The relief that that the Expanded Emergency Declaration provides is subject to limitations, including:

The Expanded Emergency Declaration is effective until 11:59 Eastern Time on April 12, 2020, or the COVID-19 emergency ends, whichever is earlier.

We have assembled a firmwide multidisciplinary task force to address clients’ business and legal concerns and needs related to the COVID-19 pandemic. Please see our <a href="https://www.thompsonhine.com/services/covid-19-task-force" target="_blank" rel="noopener">COVID-19 Task Force</a> page for additional information and resources.

For more information about the Emergency Declaration and how it impacts your business, please contact:

Karyn A. Booth 202.263.4108 <a href="mailto:Karyn.Booth@ThompsonHine.com">Karyn.Booth@ThompsonHine.com</a>

Jason D. Tutrone 202.263.4143 <a href="mailto:Jason.Tutrone@ThompsonHine.com">Jason.Tutrone@ThompsonHine.com</a>

or any member of our <a href="https://www.thompsonhine.com/services/transportation" target="_blank" rel="noopener">Transportation</a> practice group.

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

<a title="" name="_edn1" href="#_ednref1">[1]</a> Press Release, FMCSA, <a href="https://www.fmcsa.dot.gov/newsroom/us-department-transportation-issues-national-emergency-declaration-commercial-vehicles" target="_blank" rel="noopener">“US Department of Transportation Issues National Emergency Declaration for Commercial Vehicles Delivering Relief in Response to the Coronavirus Outbreak,”</a> (Mar. 13, 2020).

https://admin.thompsonhinedev.contentpilot.net/wp-content/uploads/2022/05/FMCSA_Waives_Trucking_Rules_to_Facilitate_Shipments_of_Food_Medical_Supplies_People00.pdf

FMCSA Expands Emergency Regulatory Relief for Truck Transportation of Essential Supplies, Equipment, and Persons

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