From the FMSCA: Part 2 of frequently asked questions related to its emergency declaration

March 26, 2020

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On March 13, 2020, the FMCSA suspended its HoS regulations (Parts 390 through 399 of Title 49 Code) for certain truck drivers. And it previously released a list of frequently asked questions for further clarification. Now, it’s released an additional list.

Is wood pulp covered?

Wood pulp is covered if it is being used as a precursor to one of the essential items listed in the exemption, such as:

  • medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19
  • supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants
  • food, paper products and other groceries for emergency restocking of distribution centers or stores

Are raw materials used to manufacture bleach, disinfectants, hand sanitizers and similar items covered?

Yes, these items and their precursors are covered as “supplies necessary for community safety, sanitation and community prevention of. . .COVID 19.”

Is packaging for food (example: produce containers) covered?

Yes, packaging is covered as a precursor necessary to the production and transportation of products covered under the emergency exemption.

After completing work under the emergency declaration rules and returning to normal operations, a commercial vehicle driver must take 10 hours off. What if there is nowhere at the location to park?

The driver may proceed to the nearest reasonable, safe location to obtain the required 10 hours of rest.

Is the time spent driving to pick up a truck regulated as on duty time?

No. Time spent travelling to work in a personal vehicle does not meet the definition of on duty time in 49 CFR 395.2

Download this new FAQ by the FMCSA for additional information. Read the FMCSA’s first set of frequently asked questions. If you have questions, consult your own legal, or contact our dedicated Safety and Compliance team.

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