From the FMSCA: Frequently asked questions related to its emergency declaration

March 19, 2020

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On March 13, 2020, the FMCSA has issued a nation-wide emergency declaration of its HoS regulations to support COVID-19 relief efforts. Now, the FMCSA has posted a list of frequently asked questions—and its answers. Below is excerpt, which features the questions we have received the most. Visit the FMCSA’s page to view the list in full.

Is the driver required to use a paper logbook or ELD?

No, the emergency exemption includes relief from all the hours-of service regulations in 49 CFR part 395, including the recordkeeping requirements (i.e., records of duty status (RODS)).

If there is an ELD in the truck, what should a driver do to account for the miles driven?

There are three options:

  1. Use the “authorized personal use” (personal conveyance) function of the ELD to record all of the time providing direct assistance under the exemption. Use of this function will result in the time being recorded as off duty and requires an annotation.
  2. Use the ELD in its normal mode and annotate the ELD record to indicate they were driving under the emergency relief exemption; or
  3. Turn off the ELD, in which case the carrier would address the unassigned miles in accordance with the current regulation.

Read the full emergency declaration. If you have questions about how to best comply with the FMCSA’s emergency declaration, consult your own legal, or contact our dedicated Safety and Compliance team.

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