Emergency Exemptions Get New 30-Day Proposal for States

FMCSA Proposes Longer Emergency Exemptions After Industry Pushback

FMCSA has released a new proposal that would extend the automatic period for emergency exemptions from 14 days to 30 days. The agency said this change may give states, drivers, and carriers more time to respond to declared emergencies without rushing through extension requests. The proposal follows several petitions asking FMCSA to reconsider the limits set in the 2023 final rule.

Exemptions May Increase From 14 to 30 Days

FMCSA explained that emergency exemptions help drivers and carriers during state-declared emergencies by giving short-term relief from certain safety rules. Under current policy, these exemptions last only 14 days. However, FMCSA now says many real emergencies last longer than that period. Because of this, the agency aims to restore the longer 30-day window that existed before the 2023 rule.

The change would still limit the exemption to the Hours of Service rules in 49 CFR 395.3 and 395.5. Yet it may reduce the confusion that drivers face when trying to understand how long they can legally provide direct assistance after an emergency is declared.

Petitions Asked FMCSA to Reconsider Emergency Exemptions

FMCSA received petitions from several groups, and many of them asked the agency to revise the rules for emergency exemptions. These groups included the Commercial Vehicle Safety Alliance, state transportation agencies, and governors from Idaho, North Dakota, and South Dakota. They argued that the 14-day limit often ends before the emergency response is complete.

They also said the process of requesting extensions takes time. Because of this delay, drivers may be unsure whether they still qualify for relief while waiting for approval. FMCSA agreed that the shorter timeline creates uncertainty during emergency operations.

Proposed Rule Would Restore the 30-Day Window 

FMCSA’s proposal would return emergency exemptions to a 30-day automatic period whenever a governor, authorized state official, or FMCSA declares a regional emergency. The exemption would still end early if the emergency declaration ends sooner. This approach gives states flexibility while keeping limits in place for safety.

The agency noted that the exemption would still apply only to drivers and carriers providing direct assistance. FMCSA also kept the restriction that unrelated operations would not qualify under the exemption.

Real Events Show Why Longer Emergency Exemptions May Be Needed

FMCSA listed several events where emergency exemptions lasted longer than 14 days in practice. These include the Francis Scott Key Bridge collapse in Baltimore, major wildfires across the West, and severe storms and hurricanes in the Southeast. These situations required ongoing shipments of fuel, construction supplies, food, and emergency materials.

Because many of these operations stretched beyond 14 days, FMCSA said the shorter window does not always match real emergency needs. Therefore, the proposed rule aims to reduce the need for repeated extension requests.

FMCSA Requests Public Comments on Emergency Exemptions

This proposal is part of a formal Notice of Proposed Rulemaking. FMCSA is now asking the public to comment on whether the 30-day period for emergency exemptions is appropriate. Comments must be submitted by March 10, 2026, under docket number FMCSA-2025-0124.

FMCSA invited feedback on several points. These include how often emergencies last more than 14 days, how the change may reduce administrative costs, and how the extended period may support faster direct-assistance work. The agency said it plans to review all comments before making a final rule.

What the Change Means for Drivers

If FMCSA finalizes the rule, truck drivers may get more certainty when responding to long emergencies. A 30-day period for emergency exemptions would reduce the need for quick extensions and may help drivers stay in compliance during extended response work. It may also help states and carriers plan operations with fewer interruptions.

However, the proposal does not expand the scope of the exemption. Drivers must still follow all other safety rules, including CDL requirements, drug and alcohol testing, hazardous materials rules, and size and weight limits. Only specific Hours of Service rules are covered unless another authority grants a separate waiver.