Emergency Waiver Enacts HOS Regulations Suspension Amid Oregon Wildfire Crisis

wildfire flames consuming a forest

In response to the escalating wildfire threats throughout Oregon, Governor Tina Kotek has announced a state of emergency on July 12, 2024 (Executive Order No. 24-13).

“Wildfires are active across Oregon and are growing at a concerning pace. Hot and windy conditions this weekend, including forecasted lightning in some areas, are threatening even larger wildfires,” Kotek said. “I am declaring a state of emergency to access state resources for communities across Oregon as we respond to this year’s escalating wildfire season.”

Due to this declaration, the hours-of-service regulations (Parts 395.3 and 395.5) under 49 CFR 390.23(b) will be suspended for motor carriers or drivers engaged in emergency relief operations. This relief period extends for the duration of the emergency or 14 days from the initial declaration, whichever is shorter.

Motor carriers or drivers currently under a suspension order must fulfill the necessary conditions for rescission before benefiting from this exemption. Additionally, the exemption remains valid only as long as direct emergency assistance is ongoing.

Motor carriers and drivers are still subject to controlled substances and alcohol testing mandates (49 CFR Part 382), commercial driver’s license standards (49 CFR Part 383), insurance requirements (49 CFR Part 387), operating authority rules (49 CFR Part 365), and other non-exempt regulations. All vehicles involved must comply with size and weight restrictions and adhere to scale facility requirements when directed, unless the vehicle is engaged in emergency response using red warning lights and/or sirens. If stopped, emergency status should be communicated to enforcement personnel.

Oregon Department of Transportation Director Kris Strickler has issued an emergency waiver outlining these stipulations.

“Throughout the summer, it will inevitably get hotter and drier, presenting an even greater risk of catastrophic wildfires,” Kotek added. “The best way to limit wildfire impacts on our communities, natural areas, and first responders is to be aware of the conditions and prevent wildfires from starting. I urge all Oregonians to follow the instructions and evacuation levels issued by emergency officials, subscribe to emergency alerts on ORAlert.gov, have an evacuation plan, prepare a go-kit, and stay aware of changing conditions.”

 

Source: The Trucker