FMCSA Restores 30-Day Automatic Emergency HOS Exemption
FMCSA amended 49 CFR 390.23(b) to change the length of the automatic hours-of-service exemption tied to a regional emergency declaration from 14 days back to 30 days. The declaration can come from a State Governor, the Governor's authorized representative, or FMCSA itself. The exemption covers commercial motor vehicles providing direct assistance to restore essential services or supplies, and it suspends the HOS rules at 49 CFR 395.3 and 395.5 for that work.
The agency said the change responds to petitions for reconsideration of an October 2023 final rule that had cut the window to 14 days. Commenters, including state DOTs and industry groups, told FMCSA the shorter period forced carriers and drivers to file extension requests more often. FMCSA agreed and said it expects fewer extension filings going forward. The agency can still extend relief beyond 30 days under 49 CFR 390.25 if an emergency runs longer. The rule took effect immediately on publication; FMCSA skipped the usual 30-day delay because the change removes a restriction.
No other provisions of the emergency exemption regulations changed.
What's next
- 2026-11-04: deadline to petition FMCSA for reconsideration of this rule.
- Carriers under an active emergency declaration should confirm whether their relief period now runs 30 days instead of 14 before filing an extension request.
All sources
- FMCSA Restores 30-Day Automatic Emergency HOS Exemption: FMCSA (Federal Register)
