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Hurricane Sandy Relief Waiver to Regulations

North Dakota is following guidance from the Federal Motor Carrier Administration and the Federal Highway Administration in allowing exemptions for certain regulations for Motor Carriers that are providing assistance and moving goods to and from the areas affected by Hurricane Sandy. These exemptions will be in effect in North Dakota until November 12, 2012. 

This exemption applies only to those operations providing direct assistance to the emergency relief effort. Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services not destined for the emergency relief effort or when the motor carrier operation dispatches such driver or vehicle to another location to begin operations in furtherance of commerce.

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), applicable size and weight requirements, or any other portion of the regulations not specifically identified.

Federal Motor Carrier Regulations

Motor Carriers traveling through North Dakota, en-route to Hurricane affected areas that have declared an emergency, are exempt from parts 390-399 of the Federal Motor Carrier Regulations. Below are some examples.

  1. Driver Qualifications  (e.g.  an 18 year old driver could driver but would still need a CDL)
  2. Parts and Equipment (e.g. a vehicle with lights that do not work could continue)
  3. Hours of Service (e.g. 11, 14, 60, and 70 hour rules can be exceeded to complete the trip)
  4. Vehicle Maintenance (e.g. a current annual inspection would not be required during the emergency)

Permitting, IFTA, and IRP

North Dakota single trip and fuel permits have been waived for carriers providing assistance to areas affected by Hurricane Sandy.

Federal legislation under MAP 21 allows for states to issue oversize/overweight permits for divisible loads being taken to the disaster affected areas.  The tolerances for these divisible loads will follow those allowed for non-divisible loads. The Highway Patrol will not waive the permitting of OS/OW loads, but would allow permits issued to divisible OS/OW loads.

Please contact the NDHP Permits Section at 701-328-2621 or the Motor Carrier Division at 701-328-5128 with any questions.