Sec. 390.3 of the FMCSRs describes the types of operations that are exempt from most of the FMCSRs (although NOT exempt from the commercial driver’s license (CDL) or drug/alcohol testing standards):

• All school bus operations (home to school or school to home) as defined in Sec. 390.5;
• Transportation performed by the federal government or a state or local government (but not including transportation by contractors or others on behalf of the 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;
• The operation of commercial motor vehicles designed to transport between 9 and 15 passengers (including the driver), not for direct compensation (these operations are not completely exempt from the FMCSRs, however); 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 situation requiring immediate response.

Refer to Sec. 390.5 for important definitions of many of the terms used above.

Applying for a waiver or exemption: Drivers and motor carriers can apply for their own limited waivers or exemptions from the rules. Waivers and exemptions both provide temporary relief from one or more of the FMCSRs, but waivers are only good for up to three months while exemptions are good for up to five years and can be renewed. The process for applying for a waiver or exemption can be found in 49 CFR Part 381.

The following are other exemptions contained in the FMCSRs.

Private motor carriers of passengers: Private motor carriers of passengers (PMCPs) transporting more than 15 passengers are broken into two groups for purposes of compliance:

• PMCPs involved in a business activity which provides transportation in support of a commercial purpose (such as companies that use buses to transport their own employees, private schools, or professional musicians who use buses for concert tours) are subject to all of the FMCSRs except the insurance requirements.
• PMCPs engaged in nonbusiness activities but providing transportation of some kind (such as churches, civic organizations, scout groups, or other organizations that may purchase or lease buses for the private transportation of their respective groups) are subject to many of the FMCSRs but not most recordkeeping or insurance requirements.

9- to 15-passenger vehicles: Companies operating passenger-carrying vehicles that are designed or used to carry 9 to 15 passengers (including the driver) may be exempt from most of the FMCSRs as long as the vehicles weigh or are rated at less than 10,001 pounds and there is no “direct compensation” involved. There is “direct compensation” if the passengers (or a person acting on behalf of the passengers) pay the company for the transportation service being provided, and the payment is not included in a total package charge or other assessment for highway transportation services. If the vehicles weigh or are rated at 10,001 pounds or more, regardless of compensation, then the rules apply due to the weight alone. If the vehicles weigh less than 10,001 pounds and there is no compensation of any kind for the transportation (such as a company transporting its own employees), then the vehicles would qualify for the exemption. See Sec. 390.3(f)(6) for details.

“Emergency” exemptions: Sections 390.23 and 390.25 provide for an exemption from hours of service limits in sections 395.3 (property carriers) and 395.5 (passenger carriers) in local or regional emergency declarations. Only declared emergencies by the President of the United States provides an exemption from all of Parts 390-399 of the FMCSRs for carriers that are providing direct, emergency assistance to help save lives or property or to protect public health and safety during a government-declared emergency. This exemption may only be used when an authorized FMCSA, federal, state, or local official has declared an emergency, and may only be used while providing direct assistance, but no more than 5 days for a local emergency, 14 days for a regional emergency, or 30 days for a Presidentially-declared emergency (effective December 12, 2023). See the regulations for details, and Sec. 390.5 for important definitions.

Note that these provisions do not exempt carriers from compliance with CDL, drug/alcohol testing, or insurance rules.

“Pipeline welding trucks” exemption: Section 390.38 provides a broad exemption from many parts of the FMCSRs for the operation of a pipeline welding truck, defined as a pick-up style motor vehicle that is owned by a welder, is equipped with a welding rig used in the construction or maintenance of pipelines, and has a gross vehicle weight rating, gross combination weight rating, and actual weight of 15,000 pounds or less.

“Covered farm vehicle” exemption: Section 390.39 provides a broad exemption from many parts of the FMCSRs for the operation of covered farm vehicles. A “covered farm vehicle” as defined in Sec. 390.5 is a not-for-hire straight truck or articulated vehicle that is registered in a way that law enforcement can recognize it as a farm vehicle, and it must be used by a farm or ranch to transport agricultural commodities, livestock, machinery, or supplies to or from a farm or ranch. For such vehicles over 26,001 pounds, travel is restricted to either the state of registration or across state lines but within 150 air miles of the farm or ranch. There are no such geographic restrictions on smaller vehicles.

Other farm vehicles: The FMCSRs do not include any other broad exemptions for agricultural operations, but several parts of the rules do contain exceptions from specific requirements for specific types of agricultural operations.