FMCSA issues HOS waiver for truckers involved in oil spill clean-up

Workers load a boat with oil booms in Bay St. Louis, Miss., as they continue preparations to head off damage from an impending oil spill along the Gulf coast. The FMCSA Friday issued a waiver to HOS rules for truckers carrying certain goods to be used in the clean up.(Associated Press/DAVE MARTIN)

The Trucker News Services

4/30/2010

ATLANTA — The Federal Motor Carrier Safety Administration field office here has issued a declaration of regional emergency because of the recent oil fire in the Gulf of Mexico and has temporarily waived Hours of Service regulations for truckers carrying certain goods being used in the clean-up effort.

The explosion and fire on an oil drilling rig off the coast of Louisiana on April 20 and the subsequent sinking of that rig have resulted in a major oil spill, known as the Deep Water Horizon Oil Spill, in the Gulf of Mexico, Field Administrator Darrell L. Ruban, said in a release issued by FMCSA.

He noted that the resulting oil slick is now threatening the coasts of Louisiana, Mississippi, Alabama and Florida and that emergency measures are underway to respond to the oil spill and slick.

“Immediate relief from certain regulations on motor carrier transportation is necessary to ensure timely delivery of essential equipment and supplies, including specialized oil well equipment to seal the ruptured well head, and booms, skimmers, chemical dispersants, flammable liquids and other oil containment equipment,” Ruban said.

Following is the full declaration:

“I am therefore declaring that a regional emergency exists in portions of the Southern Region in the highway transportation of necessary equipment, materials and supplies. Motor carriers and drivers transporting (i) specialized equipment to seal the ruptured well head and to effect other immediate and necessary repairs of the oil well and/or adjacent pipelines, (ii) booms, skimmers, chemical dispersants, flammable liquids and other oil containment equipment, or (iii) other equipment, supplies and materials used to provide direct assistance for emergency relief efforts related to the above oil spill are exempt from 49 CFR Parts 390-399 from 2 p.m. EDT, April 30, 2010, until 11:59 p.m. EDT, May 14, 2010. No other products are covered by the exemption. Motor carriers and drivers transporting these products to and from the affected States within the Southern Region in order to meet emergency needs are also exempt from 49 CFR Parts 390-399 for any portion of the trip that occurs outside the affected States within the Southern Region.”

49 CFR Parts 390-399 covers Hours of Service.

“Nothing contained in this 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), operating authority (49 CFR Part 365), applicable size and weight requirements, or any other portion of the regulations not specifically identified.

“Motor carriers or drivers currently subject to an out-of-service order are not eligible for the exemption until the order expires or they have met the conditions for its rescission.

“Drivers for motor carriers operating under this declaration must have a copy of it in their possession.

“The states affected in the Southern Region include the following: Alabama, Florida, Louisiana and Mississippi.”

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