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Ex. DUT-FED-065 Standing duty Primary source read

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)

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

Federal Motor Carrier Safety Administration · United States (Federal)

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The COVID Project

The record

Jurisdiction
United States
Level
Federal
Authority
49 C.F.R. 390.23(a)(1)(i); 42 U.S.C. 5121 et seq. (presidential emergency declaration of Mar. 13, 2020)
Issued
2020-03-13 Mar. 13, 2020
Effective
2020-03-13
End
expanded Mar. 18, 2020 (Ex. DUT-FED-037); extended repeatedly through Oct. 15, 2022 (read as 2021-09-30)
In force
Mar. 13, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Travel and quarantineWorkplace rulesSupply chain
Addressees
  • motor carriers and drivers providing direct assistance
Character
emergency relief with mandatory conditio
Collection
Standing duties: Federal layer DUT-FED

Operative words

an emergency exists that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations... for motor carriers and drivers providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks... Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts... [the driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return... Nothing contained in this Emergency Declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver's license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), the hazardous material regulations (49 CFR Parts 100-180), applicable size and weight requirements, or any other portion of the regulations not specifically exempted under to 49 CFR § 390.23.

Penalty

49 U.S.C. 521(b)

What it required

The first nationwide FMCSA emergency declaration in the agency's history: hours-of-service relief limited to direct assistance for medical supplies and equipment, masks, gloves, hand sanitizer, soap and disinfectants, food for emergency restocking, and personnel, on 'must' conditions; the standing FMCSRs otherwise continued to bind every motor carrier.

Retrieval note

fmcsa.dot.gov refuses automated retrieval (HTTP 403); the exhibit is the Wayback Machine's raw capture of FMCSA's own signed PDF.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.