Keeping the Food Supply Chain Nimble

By: Matthew Viohl, Manager, Transportation, Labor and Sustainability, FMI

In times of emergency, and with the support of our federal partners, the food supply chain remains flexible, adaptable and resilient. 

On April 8th, the Federal Motor Carrier Safety Administration (FMCSA) extended an emergency declaration that allows for motor carriers to be exempted from existing hours of service requirements for those responding to COVID-19 (Coronavirus) support. This emergency declaration was originally issued on March 13th, with a subsequent expansion nearly two weeks later. The primary reason for this latest iteration was to push back the original "expiration date" slotted for April 12th. The new date now extends these exemptions to applicable motor carrier operations through either May 15th or the conclusion of the national emergency (as determined by the President), whichever comes sooner.

For qualifying factors, the updated declaration continues to include the emergency restocking of food, basic sanitary and medical supplies, and any immediate precursor raw materials (such as paper, plastic or alcohol) that are required and to be used for the manufacture of such emergency-related goods. In addition, liquefied gases to be used in refrigeration or cooling systems was added on as well. The FMCSA's declaration covers the entirety of the United States, including Washington D.C.—not just for interstate commerce, but intrastate as well. 

FSMCA Intention & Resources

And lastly, the FMCSA has a page and e-mail specifically dedicated to information and common questions regarding the latest emergency declaration. We understand that this a uniquely difficult time and navigating the finer details of this unprecedented regulatory action might leave you with more questions than answers. It’s the FMCSA’s intent to allow companies to work in good faith of the declaration. Simply put, if you believe your motor carrier operations constitute direct support for Coronavirus-related relief, you should consider these exemptions applicable to you.

Enforcement Notice on Expiring Commercial Driver’s Licenses

On March 24th, the FMCSA released an enforcement notice regarding commercial driver’s licenses and commercial learner’s permits that are set to expire between March 1st and June 30th. The notice provides state governments the clarity and coverage to suspend renewals for this length of time to applicable license-holders. Notably, this is not a blanket waiver for all truck drivers across the country. Those with expiring CDLs and CLPs are still required to follow any guidance their state currently has provided with respects to renewals. For instance, if your state’s Department of Motor Vehicles is still open and requiring expiring CDLs or CLPs get renewed, you must follow this requirement. While the FMCSA does not plan enforcement over such licenses, state and local authorities could still foreseeably do so if their state has not offered reprieves for drivers. If your state has limited access for renewals—but not issued guidance on renewals—you would fall under the FMCSA’s waivers.

Hours of Service

Although these exemptions include a number of requirements listed under parts Title 49, Parts 390-399 of the US Code of Federal Regulations, the most of important of these govern hours of service. These rules determine the lengths of time and limits truck drivers are allowed to operate commercial motor vehicles before mandatory breaks or long rests. While the emergency declaration waives these rules for truck drivers supporting Coronavirus relief efforts, there are still some safety-related requirements to ensure that drivers are not put at risk due to overwork.

In addition, the declaration does not allow companies to ignore any existing size and weight restrictions you might currently operate under—unless otherwise noted in any state emergency proclamation that says otherwise. Although FMI is actively working to seek a federal solution to address this uniformly in all fifty states, members are encouraged to seek help from your state’s emergency and/or transportation officials about seeking additional relief. Drivers will still also be held to existing federal requirements for controlled substances, alcohol use and testing, CDL and insurance requirements, and others (please see the declaration for full details).

Overall, FMCSA’s actions continue to represent a significant step forward in giving members the opportunity to combat the significant challenges many currently face. We commend the agency as well as the Department of Transportation for working with FMI and our members in moving quickly to address the concerns of our industry and others.

Coronavirus Resources