The Federal Motor Carrier Safety Administration Western Service Center recently declared that an emergency still exists in South Dakota that warrants an exemption from certain provisions in 49 CFR Part 395 of federal trucking regulations.

The declaration is in response to an ongoing drought and shortage of fuel products for aircraft and emergency vehicles to combat wildfires.

The waiver is effective through Sept. 19. A previous waiver in South Dakota, issued by Gov. Kristi Noem, waived 49 CFR Parts 390 to 399. That waiver expired on Aug. 16. 

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Under terms of the declaration, motor carriers and drivers providing direct assistance related to the ongoing drought and shortage of gasoline, diesel, jet fuel and ethyl alcohol for use in fueling aircraft and emergency vehicles to combat wildfires in South Dakota have been granted relief from 49 CFR Part 395.3 (maximum driving time for property-carrying vehicles).

South Dakota joins a growing list of states with hours of service waivers in place due to emergency declarations. Colorado, Montana, Oregon, Idaho, California, Iowa, Minnesota, Nebraska, Nevada, North Dakota, Washington state, and Wyoming also have waivers in place for certain haulers. 

A full list of emergency declarations can be found on the Federal Motor Carrier Safety Administration’s website.

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