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Ex. DUT-FED-037 Standing duty Primary source read

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator) · United States (Federal)

The COVID Project

The record

Jurisdiction
United States
Level
Federal
Authority
49 C.F.R. 390.23(a)(1)(i); 42 U.S.C. 5191(b) (presidential emergency declaration)
Issued
2020-03-18 Mar. 18, 2020
Effective
2020-03-18
End
extended and modified repeatedly through Oct. 15, 2022 (Exs. FED-399, SEC-08-023, SEC-11-060) (read as 2022-10-15)
In force
Mar. 18, 2020 to Oct. 15, 2022
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Travel and quarantineWorkplace rulesSupply chain
Addressees
  • motor carriers and drivers providing direct assistance to COVID-19 relief
Character
emergency relief with mandatory conditio
Collection
Standing duties: Federal layer DUT-FED

Operative words

The President has declared a nationwide emergency pursuant to 42 U.S.C. § 5191(b)... Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as medical care) or essential supplies (such as food and fuel)... [a driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier's terminal or the driver's normal reporting location.

Penalty

49 U.S.C. 521(b) civil penalties for operating outside the relief's conditions

What it required

Relief from parts 390-399 only for 'direct assistance' loads in the enumerated categories, with 'must' conditions (rest periods on termination of direct assistance, no exemption from CDL, drug and alcohol, size and weight, insurance or out-of-service rules); every other motor carrier operation remained under the standing FMCSRs.

Retrieval note

The original declaration of March 13, 2020 is Ex. DUT-FED-065.