With the original Texas Department of Public Safety hours of service winter weather waiver due to expire at 11:59 PM tonight, Monday, February 15, 2021, further relief is extended through the Governor's recent Disaster Declaration. 49 CFR §390.23 of the Federal Motor Carrier Safety Regulations (FMCSR) adopted by the Texas Department of Public Safety refers to Relief from regulations. 49 CFR §390.23 of the FMCSR states 49 Parts 390-399 shall not apply to any motor carrier or driver operating a commercial motor vehicle to provide emergency relief during an emergency declared by the President, Governor of a state, or another authorized representative. FMCSR defines an emergency as many things, including snowstorm, ice storm, blizzard, blackout, natural or man-made, which interrupts the delivery of essential services and supplies, including fuel. Governor Abbott declared an emergency with a Disaster Declaration for Texas winter weather conditions. According to a Commercial Motor Vehicle Enforcement representative of the Texas Highway Patrol, the Disaster Declaration suspends FMCSR 49 Parts 390-399, including Part 395, which outlines Hours of Service for those CMV’s providing emergency relief. The Governor’s disaster declaration by statute is valid for 30 days from the issuance date of February 12, 2021. Please find a copy of the Governor's Disaster Declaration which activates the exemption found in 49 CFR 390.23.
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