FMCSA Issues Emergency Waiver In Response to Colonial Pipeline Shutdown

May 10th, 2021 - 11:15 am

The Federal Motor Carrier Safety Administration (FMCSA) has issued an Emergency Declaration in response to the unanticipated shutdown of the Colonial pipeline system due to network issues that affect the supply of heating oil, gasoline, diesel, jet fuel, and other refined petroleum products throughout the eastern United States.

Affected States and jurisdictions included in this Emergency Declaration are: Alabama, Arkansas, District of Columbia, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas and Virginia.

The Emergency Declaration exempts drivers and motor carriers from the hours of service regulations and other requirements of Parts 390 through 399 of the Federal Motor Carrier Safety Regulations when providing relief related to the shortages of heating oil, gasoline, diesel, jet fuel, and other refined petroleum products due to the shutdown of the Colonial pipeline system.

The declaration is effective immediately and shall remain in effect until the end of the emergency or until 11:59 PM on June 8, 2021, whichever is earlier.


Once the driver has completed relief efforts and moves to normal operations, a 10-hour break is required when the driver's total operating time equals 14 hours.

The Emergency Declaration does not exempt drivers or carriers 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), or applicable vehicle size and weight requirements.

NEFI has reached out to regional and federal authorities on the matter and is monitoring the situation closely. We will keep members apprised of any future developments.