Should regulatory relief from hours of service extend beyond typical emergency declaration periods when a hurricane or other natural disaster occurs?
Earlier this year, Northern Clearing – a specialty contractor company based in Wisconsin – asked the Federal Motor Carrier Safety Administration for an hours-of-service exemption.
As part of recovery efforts from Hurricanes Helene and Milton, FMCSA issued a regional emergency declaration in North Carolina from Oct. 4 through Dec. 26, 2024. The declaration granted regulatory relief for commercial motor vehicle operations providing direct assistance to the emergency.
However, Northern Clearing said the relief “does not cover long-term infrastructure rehabilitation once the immediate threat has passed.” Northern Clearing told the agency that the exemption would allow its CDL holders to continue to provide direct assistance supporting emergency relief efforts in North Carolina.
The company asked FMCSA for an exemption that would follow the conditions outlined in Emergency Declaration No. 2024-008 and align its hours-of-service practices with the “utility service vehicle” exemption in 49 CFR 395.1(n). Current regulations contain an exception for drivers of utility service vehicles, which are defined as commercial motor vehicles used to support the repair, maintenance or operation of structures and physical facilities necessary for the delivery of public utility services.
FMCSA’s decision
In a notice that is scheduled to be published in the Federal Register on Tuesday, Dec. 9, FMCSA denied Northern Clearing’s request.
“Although Northern Clearing stated its intent is to mirror Utility Services Exemption requirements, it did not explain why it should be treated the same as the utility service vehicle drivers or how its operations would likely achieve an equivalent level of safety with the applicable hours-of-service rules,” FMCSA wrote. “Based on the application Northern Clearing submitted, FMCSA lacks information to conclude that the requested exemption would likely achieve a level of safety equivalent to, or greater than, the level achieved under current regulations.” LL
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