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FMCSR exemptions
  • Certain CMV operations, such as school buses, transportation performed by the government, transport of the sick and injured, and fire and rescue vehicles are exempt from the FMCSRs, including the HOS rules.
  • Drivers providing direct emergency relief assistance during a government-declared emergency may be exempted from HOS and other safety regulations for up to 30 days.

The following commercial motor vehicle (CMV) operations are entirely exempt from the Federal Motor Carrier Safety Regulations (FMCSRs), including the hours-of-service (HOS) rules:

  • All school bus operations (between home and school), as defined in 390.5;
  • Transportation performed by the federal government or a state or local government;
  • The occasional transportation of personal property by individuals when there is no compensation involved and the transportation is not business-related;
  • The transportation of human corpses or sick and injured persons;
  • The operation of fire trucks and rescue vehicles while involved in emergency and related operations; and
  • Drivers of vehicles used to respond to a pipeline emergency or used primarily to transport propane winter heating fuel, but only if the regulations prevent the driver from responding to an emergency requiring immediate response.

Refer to 390.3 for these exemptions, as well as 390.5 for important definitions of many of the terms used above.

Declared emergencies

Drivers providing direct assistance during a government-declared emergency may be exempt from HOS and other safety regulations during the term of the emergency operation (but for no longer than 30 days, unless extended).

This exemption also covers the trip back to the driver’s terminal or other reporting location with the empty vehicle, but drivers who feel the need for immediate rest must be given at least 10 consecutive hours of rest before being required to return.

Upon return, the driver must be relieved of duty and must not drive again until back in compliance with the HOS limits.

Refer to regulation 390.23 for details, including 390.5 for important definitions.