Southern Service Center Regional Emergency Declaration Under 49 Cfr § 390.23 No. 2018-008

Federal Motor Carrier Southern Service Center
Safety Administration 1800 Century Blvd., Ste. 1700
Atlanta, GA 30345

October 9, 2018

REGIONAL EMERGENCY DECLARATION UNDER 49 CFR § 390.23
No. 2018-008
ALABAMA, FLORIDA, GEORGIA, LOUISIANA, MISSISSIPPI, NORTH CAROLINA, SOUTH CAROLINA, TENNESSEE

In accordance with the provisions of 49 CFR § 390.23, the Regional Field Administrator for the Federal Motor Carrier Safety Administration’s (FMCSA) Southern Service Center, hereby declares that an emergency exists that warrants issuance of a Regional Emergency Declaration and an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSRs), except as otherwise restricted by this Emergency Declaration. Such emergency is in response to Hurricane Michael, and its anticipated effects on people and property, including the immediate threat to human life or public welfare from high winds, heavy rains, high surf, storm surge and flooding. Affected States and jurisdictions included in this Emergency Declaration are: Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee. This Emergency Declaration is needed to address anticipated emergency conditions in the Affected States and jurisdictions creating a need for immediate transportation of supplies, equipment and persons, and provides necessary relief.

By execution of this Emergency Declaration, motor carriers and drivers providing direct assistance to the emergency in the Affected States and jurisdictions in direct support of relief efforts related to Hurricane Michael are granted emergency relief from Parts 390 through 399 of Title 49 Code of Federal Regulations except as restricted herein.

This Emergency Declaration provides for regulatory relief for commercial motor vehicle operations while providing direct assistance supporting emergency relief efforts transporting supplies, equipment, fuel and persons into and from the Affected States and jurisdictions or providing other assistance in the form of emergency services during the emergency in the Affected States and jurisdictions from Hurricane Michael. Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services not directly supporting the emergency relief effort or when the motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce. Upon termination of direct assistance to the emergency relief effort, the motor carrier and driver are subject to the requirements of 49 CFR Parts 390 through 399, except that a driver may return empty to the motor carrier’s terminal or the driver’s normal work reporting location without complying with Parts 390 through 399. However, if the driver informs the motor carrier that he or she needs immediate rest, the driver must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier’s terminal or the driver’s normal reporting location. Once the driver has returned to the terminal or other location, the driver must be relieved of all duty and responsibilities and must receive a minimum of 10 hours off duty if transporting property, and 8 hours if transporting passengers.
Nothing contained in this Emergency Declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver’s license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), the hazardous material regulations (49 CFR Parts 100-180), applicable size and weight requirements, or any other portion of the regulations not specifically authorized pursuant to 49 CFR § 390.23.

Motor carriers or drivers currently subject to an out-of-service order are not eligible for the relief granted by this declaration until they have met the applicable conditions for its rescission and the order has been rescinded by FMCSA.

In accordance with 49 CFR § 390.23, this declaration is effective immediately and shall remain in effect for the duration of the emergency (as defined in 49 CFR § 390.5) or until 11:59 P.M. (ET), November 9, 2018, whichever is less.

Darrell L. Ruban, Regional Field Administrator
Federal Motor Carrier Safety Administration
Southern Service Center

NH DOT Projects

Night Paving On NH Route 102 In Londonderry

October 3, 2018

Night paving work is scheduled to begin the night of Sunday, October 7, 2018 on NH Route 102 in Londonderry.

Blasting Work Planned On NH Route 101 Project In Bedford

October 2, 2018

Blasting work is expected to begin Thursday, October 4, 2018 on the NH Route 101 widening project in Bedford.

Bridge Repairs On NH Route 49 In Thornton

October 2, 2018

Bridge repairs are scheduled to begin on Monday, October 8, 2018 on the NH Route 49 bridge over Mad River in Thornton.

Sidewalk And Facility Work At The Canterbury Rest Area On I-93

October 2, 2018

Sidewalk and facility improvement work at the Canterbury Rest Area off of Interstate 93 northbound is planned for Monday, October 8 through Thursday, October 11, 2018, with no public access to the Canterbury Rest Area during this four day period.

 

NJ’s Still At It!

ATA contact: Bob Pitcher, rpitcher@trucking.org.

We’re getting reports again of trucks being held up (and we use that term advisedly) at weigh stations and rest areas in New Jersey by agents of the state’s division of taxation, who demand payment of the New Jersey corporate income tax if the carrier isn’t already registered for the tax with the state. 

Commonly, we understand, the division questions a truck driver on whether he’s making a pick-up or delivery in the state, and, if he is, how long the carrier has been doing business in New Jersey. If the carrier doesn’t do any pick-ups or deliveries, the truck can go on its way. But if the state learns the carrier does even minimal business in the state, and is not registered to pay the income tax, it issues an assessment on the spot, generally for $1,000 per year the activity has gone on – and doesn’t let the truck continue until the carrier wires the money. 

New Jersey has been doing this for at least 20 years now and has snared thousands of carriers, but there are always some that haven’t gotten the word and suffer for it. Is this a burden on interstate commerce? Of course it is! But quite possibly it’s legal. 

So if you do any pick-ups or deliveries in New Jersey, be warned. If you register to file and pay the corporate income tax, the tax is likely to be small (though the accountant’s fee for filling out the return may be substantial), but the consequences of getting caught in the state without registering could be nasty.

DOT Physical Forms and Reports Changing

DOT Physical Forms and Reports Changing

The DOT Medical Examiner’s Certificates and Forms have changed effectively immediately.

The medical examiners certificate (exp 8/31/2018) can no longer be used by certified medical examiners when completing the DOT physical. After today, physicians can only use the 9/30/2019 expiration date cards. 

The only element that changed on the new card and report is the expiration date, all other pieces and places for information remain the same.

The 9/30/19 new MEC form (Form MCSA-5876) can be accessed using this link.

The 9/30/19 new MER form (Form MCSA-5875) can be accessed through the same above link.

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NHMTA FMCSA DOT Medical Examiner’s Certificate and Form Updates

Dear Member,

We have just been informed that the DOT Medical Examiner’s Certificates and Forms have changed effectively immediately.

The medical examiners certificate (exp 8/31/2018) can no longer be used by certified medical examiners when completing the DOT physical. After today, physicians can only use the 9/30/2019 expiration date cards. 

The only element that changed on the new card and report is the expiration date, all other pieces and places for information remain the same.

The 9/30/18 new MEC form is attached as a pdf fill-in form. (Form MCSA-5876). You can also access the form using this link.

The 9/30/18 new MER form (Form MCSA-5875) can be accessed through the same link below.

NEW – MEC Form MCSA-5876