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FMCSA Seeks Public Input on Extending COVID Emergency Declaration

The federal agency invites truckers and carriers to weigh in before the COVID‑related regulatory relief expires on Oct. 15, seeking data on safety and supply‑chain impacts.

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Washington, D.C. — On September 7, the Federal Motor Carrier Safety Administration (FMCSA) announced that it will accept public comments until September 21 on whether to extend its COVID‑19 emergency declaration, which expires on October 15. The agency is looking for data on how the relief has affected safety and the delivery of essential commodities.

The emergency declaration was first issued in March 2020 amid the pandemic’s peak. It granted commercial vehicle drivers hours‑of‑service (HOS) regulatory relief, allowing longer driving periods to keep food, medicine, and other critical supplies on shelves and in hospitals. The declaration also enabled carriers to transport community‑safety equipment, sanitation supplies, and other goods essential to preventing COVID‑19 spread.

FMCSA’s latest notice expands the declaration’s scope. Direct assistance is no longer limited to routine commercial deliveries; mixed loads that include a nominal quantity of qualifying emergency relief can now qualify for the benefits. The agency has asked carriers to report data such as the number of trips, commodities transported, and other operational metrics. Preliminary reports show that the primary commodities moved under the emergency relief were food, paper products, groceries for emergency restocking, livestock, and livestock feed.

What This Means for Drivers

If the declaration is extended, CDL‑A holders and owner‑operators will retain the HOS flexibility that allowed them to drive up to 14 hours in a 15‑hour shift. A lapse could force drivers back into the standard 10‑hour driving limit, tightening scheduling and potentially increasing overtime costs. Fleet managers will need to monitor whether their operations rely on the relief to meet delivery deadlines, especially for essential goods that were prioritized during the pandemic. Carrier reporting requirements remain in place; those who received the relief must continue to submit data on trips and commodities, a process that could add administrative overhead if the declaration is not renewed.

Industry Reaction

While the FMCSA has not yet received formal statements from major carriers, the trucking community is watching closely. The American Trucking Associations and other industry groups have urged carriers to submit comments, emphasizing the need for continued regulatory relief to maintain supply‑chain stability. Many carriers have reported that the HOS flexibility helped them avoid driver shortages during peak demand periods in 2020 and 2021.

Key Points

  • Emergency declaration expires October 15; public comment deadline September 21.
  • Declaration originally issued March 2020; provided HOS relief and allowed transport of essential supplies.
  • Expanded scope now includes mixed loads with nominal qualifying emergency relief.
  • Carriers must report trip counts, commodities, and other metrics; primary commodities include food, paper, groceries, livestock, and feed.

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Photo by Boris Hamer on Pexels

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Dave Kowalski
Owner-operator and industry commentator. Runs his own flatbed operation out of Ohio.