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Emergency waiver grants suspension of HOS regs in response to Oregon wildfires

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Emergency waiver grants suspension of HOS regs in response to Oregon wildfires
Smoke from a wildfire near La Pine, Ore. Wildfires in the state have prompted Governor Tina Kotek to issue an emergency waiver granting the suspension of Hours-of-Service Regulations. (Photo courtesy Jim Pharris via AP)

SALEM, Ore. — Due to the imminent threat of wildfire across the state, Gov. Tina Kotek has declared a state of emergency for Oregon effective 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.” 

Pursuant to 49 CFR 390.23(b), Parts 395.3 and 395.5 (hours-of-service regulations) shall not apply to a motor carrier or driver operating a commercial motor vehicle so long as the motor carrier or driver is providing direct assistance for emergency relief efforts related to this emergency. This exemption stands during the emergency period or 14 days from the date of the initial declaration of emergency, whichever is less. 

Motor carriers or drivers currently subject to an out-of-service order are not eligible for the exemption until the order expires or they have met the conditions for its rescission. This exemption shall not exceed the duration of direct assistance in providing emergency relief. 

Nothing contained in this 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), operating authority (49 CFR Part 365) or any other portion of the regulations not specifically identified.

Trucks must comply with all size and weight regulations. Vehicles responding to emergencies are still required to enter open scale facilities when a sign posted before the scale reads “All Trucks Over 20,000# GVWR Next Right”, or with a GVWR of 10,000# or greater without this posted sign, unless they are operating with red warning lights and/or siren. If stopped, let enforcement personnel know that you are responding to an emergency. 

Oregon Department of Transportation Director Kris Strickler has issued an emergency waiver with complete details and requirements. 

“Throughout the summer, it will inevitably get hotter and drier, presenting an even greater risk of catastrophic wildfires,” Kotek said. 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.” 

Dana Guthrie

Dana Guthrie is an award-winning journalist who has been featured in multiple newspapers, books and magazines across the globe. She is currently based in the Atlanta, Georgia, area.

Avatar for Dana Guthrie
Dana Guthrie is an award-winning journalist who has been featured in multiple newspapers, books and magazines across the globe. She is currently based in the Atlanta, Georgia, area.
For over 30 years, the objective of The Trucker editorial team has been to produce content focused on truck drivers that is relevant, objective and engaging. After reading this article, feel free to leave a comment about this article or the topics covered in this article for the author or the other readers to enjoy. Let them know what you think! We always enjoy hearing from our readers.

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