COVID-19 & The Trucking Industry
California Executive Order - Intrastate HOS Waiver
Following last week’s Federal Motor Carrier Safety Administration (FMCSA) Emergency Declaration to provide the trucking industry with targeted, limited relief from "Hours of Service," Governor Gavin Newsom issued a companion executive order yesterday for trucks operating in intrastate commerce. These declarations allow temporary, emergency flexibility to address the unprecedented surge in truckload volumes and expedited emergency shipments critical to Coronavirus (COVID-19) relief efforts.
Read the full executive order
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FMCSA Emergency Declaration - Interstate HOS Waiver
Under FMCSA's Emergency Declaration, "motor carriers and drivers providing direct assistance in support of relief efforts related to the COVID-19 outbreaks are granted emergency relief from Parts 390 through 399 of Title 49 Code of Federal Regulations, except as restricted herein. Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services, such as medical care, or essential supplies such as food, related to COVID-19 outbreaks during the emergency."
Read the full declaration
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Frequently Asked Questions
CTA received clarification on the following:
- Are meal and rest breaks waived? As long as the shipment consists of essential goods, all HOS requirements are waived, including meal and rest breaks. However, in order to prevent driver fatigue, the declaration states that drivers in need of immediate rest must be allowed at least 10 consecutive hours off duty – eight hours for passenger carriers – before continued driving.
- What products are covered under the declaration? FMCSA does not intend to publish an exhaustive list of goods covered under the declarations. Generally, the declarations apply to "finished products" that meet the nation's immediate needs. FMCSA continues to deliberate regarding instances such as the transportation of livestock to packing facilities, the transportation of packaging (barrels, boxes, ect.) for otherwise essential raw goods, and regulatory relief for the agriculture industry to ensure farmers receive the support and products necessary to maintain production of raw goods.Broadly, the declarations provide temporary flexibility for truckers transporting the following items:
- Medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19
- Supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants
- Food for emergency restocking of stores
- Equipment, supplies and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to COVID-19
- Are the drug & alcohol testing requirements still in place? As of now, drug & alcohol testing has not been waived; however, FMCSA understands that some testing facilities are closed and, due to health concerns, drivers may want to avoid testing facilities, so the agency will continue to deliberate on this matter.
- Must shipments of essential goods be marked in some way? There is no requirement to mark shipments as emergency loads.
- Must drivers carry with them something to indicate they are providing direct assistance? There is no requirement that drivers furnish or carry with them a notice that they are providing direct assistance.
- Are any of the size and weight restrictions waived? FMCSA does not have authority to give relief in this area; therefore, size and weight restrictions remain in place at this time.
- At what point is direct assistance terminated? Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts related to the COVID-19 outbreaks.
- For how long is the declaration effective? This declaration is in effect until the termination of the emergency (as defined in 49 CFR § 390.5) or until 11 :59 P.M. (ET) on April 12, 2020, whichever occurs sooner.
CTA Statement
“As efforts to combat the spread of COVID-19 continue, the trucking industry is playing a vital role in assisting local, state and national efforts by ensuring communities continue to receive an adequate supply of essential necessities, medical supplies and emergency equipment, “ said Shawn Yadon, chief executive officer for the California Trucking Association. “We applaud the FMCSA and Governor Newsom for taking swift action to ensure the trucking industry has the tools necessary to respond to this crisis.
“Beyond COVID-19, relief efforts continue as truckers and our partners in the goods movement industry focus on delivering essential goods and services to communities across the state," said Yadon. "We urge the administration to take the necessary steps to ensure the essential business of the supply chain continues unimpeded, that parking, as well as rest stop facilities, remain open and that further flexibility is provided where necessary.”
Other COVID-19 Issues
Clarification of Local Shelter in Place Orders
CTA staff is in the course of requesting the State to clarify that the goods movement industry is not subject to the restrictions being put in place by local government “shelter in place” or “stay home” orders. We are pressing all levels of state government to provide clear guidance on this matter. In the meanwhile, please immediately forward any communication from local governments or public health officials that suggest curtailing of the movement of trucks.
Expiring CDLs and Vehicle Registration Renewals
In response to the COVID-19 pandemic, the California Department of Motor Vehicles (DMV) asked California law enforcement to exercise discretion for 60 days in their enforcement of driver license and vehicle registration expiration dates beginning March 16, 2020. This 60-day period for driver license and vehicle registrations is intended to protect the health and safety of DMV customers and provide flexibility for all license holders during this unprecedented time. The DMV and California Highway Patrol (CHP) have confirmed with CTA that this grace period applies to CDLs.
DMV Memo
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DMV Press Release
Rest Stops
CTA is aware that the state of Pennsylvania has ordered their DOT to close rest stops. We have communicated the need to keep California parking facilities open to truckers to the California State Transportation Agency and Caltrans.
Issuance of Extra Legal Permits
CTA has been in discussions with the California Department of Transportation (Caltrans) regarding disruptions to the issuance of transportation permits. Caltrans has informed CTA that they like most businesses, because of precautionary measures do have some staff off and away from the permits office. There are no major impacts at this time, they are still processing S.T.A.R.S and faxed in Single Trip Permits. There might be delays for annuals and variance permits. They are also prioritizing permits based on “peak areas.” Walk in permit applications at the Permits Office are still being accepted at this time. However, this may change. CTA will update members accordingly. For more information contact Eric Sauer at
esauer@caltrux.org
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Small Business Administration (SBA) Disaster Assistance
The U.S. SBA is offering designated states (including California) low-interest federal disaster loans for working capital to small businesses suffering substantial economic injury as a result of COVID-19.
More information.
California Legislature Adjourns
For your information, the California legislature adjourned until April 13
th
after passing a series of emergency bills related to the ongoing COVID-19 situation. This adjournment comes nearly three weeks ahead of the scheduled Spring Recess and will have a major impact on the remainder of the legislative year. While no plans have been announced so far, it’s expected that this development will lead to most non-Coronavirus related legislation being curtailed and a shortened legislative calendar. The Governor’s May revision will also heavily focus on Coronavirus relief and the fiscal impacts from the looming economic slowdown. CTA staff will provide more information on these topics as they become available.
