FMCSA Grants Hours-of-Service Relief to Fuel Haulers After Colonial Pipeline Shutdown

In May 2021, the unexpected shutdown of the Colonial Pipeline, a major fuel artery for the East Coast and Southeast, led the Federal Motor Carrier Safety Administration to give tank truck carriers temporary relief from federal hours-of-service rules.

On May 9, 2021, the U.S. Department of Transportation said FMCSA was issuing a temporary hours-of-service exemption. It was part of the federal government's effort to assess the pipeline incident and keep fuel supplies from being disrupted.

Who was covered

The exemption applied to motor carriers and drivers transporting gasoline, diesel, jet fuel and other refined petroleum products to 17 states and the District of Columbia: Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas and Virginia.

It was issued as Regional Emergency Declaration No. 2021-002 under 49 CFR 390.23. It gave relief from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations for carriers giving direct assistance to the emergency.

Conditions

As with other FMCSA emergency declarations, the relief covered only direct support of the emergency. Once that work ended, drivers could return empty to their terminal or normal work location without following the waived rules. A driver moving from emergency work back to normal operations needed a 10-hour break if emergency work, or emergency plus normal work, totaled 14 hours or more.

The declaration did not waive drug and alcohol testing, CDL requirements, insurance requirements or hazardous materials rules. It was set to remain in effect until the emergency ended or 11:59 p.m. Eastern on June 8, 2021, whichever came first.

FMCSA said safety remained the department's top priority. It also said it would work with state and industry partners to monitor driver hours and conditions while the exemption was in effect.

What it means for drivers and fleets

Tank truck fleets serving the affected states could keep drivers on the road longer to move fuel from terminals that still had supply.

However, hazardous materials rules, CDL requirements and drug and alcohol testing still applied in full. Carriers using the relief had to document that loads supported the emergency. They also had to enforce the 10-hour reset before sending drivers back to regular freight.