In response to the COVID-19 emergency, the Federal Motor Carrier Safety Administration (FMCSA) issued an Expanded Emergency Declaration exempting livestock haulers from compliance with the federal Hours of Service rules that limit drive time. The declaration provides an Hours of Service exemption for all haulers “providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks, including” food “for emergency restocking of distribution centers or stores” and “immediate precursor raw materials” necessary for the production of such food and groceries. The Office of the Secretary of Transportation interprets all livestock hauling to fit this exemption.
Hours of Service rest requirements remain in effect under the declaration, meaning that once a driver returns to his or her “normal reporting location,” that individual must still receive a minimum of 10 hours of off-duty rest.
Governor Gavin Newsom responded to the exemption by issuing an Executive Order likewise exempting haulers engaged in intrastate or interstate transportation from California’s Hours of Service regulations. While Governor Newsom’s order does not explicitly reference livestock (or “precursor raw materials”), the order makes clear that it is intended to be consistent with FMCSA’s order and apply to all hauling “in support of emergency relief efforts,” including “food for emergency restocking of stores.”
The FMCSA exemption is in effect until April 12 (or until the COVID-19 national emergency is terminated, if it is terminated prior to April 12). The California exemption is in effect as long as the FMCSA exemption remains effective.
Though not required, CCA recommends that livestock haulers operating under these exemptions print out the FMCSA Expanded Emergency Declaration, available here, and Governor Newsom’s Executive Order, available here, and keep these documents in their cab.