MPMCSA & EMA News
September 2, 2021
FMCSA Extends National CDL Driver HOS Waiver; Includes Certain Deliveries of Petroleum Products
Please see the following excerpt and attached from EMA. Please read the attached in its entirety.
EMA has received many inquiries about the full meaning of qualifying language in the FMCSA emergency declaration that extends the waiver to drivers “providing direct assistance in support of relief efforts related to the COVID-19.” EMA asked the FMCSA today to clarify which delivery scenarios qualify as “providing direct assistance” to COVID 19 relied efforts. Ensuring that gasoline stations do not run out of supply qualifies as “providing direct assistance.” However, drivers on their regular supply deliveries do not qualify for the HOS waiver. Instead, only unscheduled emergency deliveries such as a delivery required to keep a station from running out of supply qualifies for the waiver. Also, in the event a marketer is short of drivers due to COVID and can no longer keep up with regular scheduled deliveries, such that gasoline stations are in danger of running out of supply, then his/her remaining drivers qualify for the HOS waiver to make those deliveries. In short, the HOS waiver can only be used in extraordinary situations requiring the immediate restoration of essential services, including the supply and sale of gasoline, diesel fuel, jet fuel and ethyl alcohol.