Can Truckers Claim Hours of Service Exemption for the Total Solar Eclipse?

Oregon Gov. Kate Brown Declares State Of Emergency To Facilitate Eclipse Preparedness And Readiness

This question has been coming up a lot, as we are now less than a week from the Total Solar Eclipse that will be affecting traffic coast to coast.

The Oregon Department of Transportation is warning drivers that the August 21 eclipse could cause the worst traffic mess in Oregon history. The traffic jams on the highways could rival the problems caused by our winter storms last year, which trapped people in gridlock overnight.

All drivers understand that heavy traffic will affect their travel times and are hoping these delays may be enough to offer an Hours of Service exemption. So what exemption would this fall under?

Adverse Driving Conditions Exemption?

The Adverse Driving Conditions, Part 395.1(b) in the FMCSA Regulations Guidebook, is what drivers assume can be taken advantage of. But the language to qualify for this exemption does not include the solar eclipse event.

According to FMCSA, if unexpected adverse driving conditions slow you down, you may drive up to 2 extra hours to complete what could have been driven in normal conditions. This means you could drive for up to 13 hours, which is 2 hours more than allowed under normal conditions.

Adverse driving conditions mean things that you did not know about when you started your run, like snow, fog, or a shut-down of traffic due to a crash.

Adverse driving conditions do not include situations that you should have known about, such as congested traffic during typical “rush hour” periods,” or a widely talked about event over the last 6 months like the Total Solar Eclipse.

According to the FMCSA’s rulebook, no exemption for hours of service will be made available under “Adverse Driving Conditions” for any driver in any state across the U.S. because of the solar eclipse event on Monday August 21^st, 2017.

What if there is a declared State of Emergency?

In response to the 1 million visitors to Oregon for the eclipse, which essentially increases Oregon’s population by 25 percent, Gov. Kate Brown has issued an official State of Emergency.

Governor Brown issued an emergency declaration which will formalize statewide planning and collaboration efforts, which are being led by the Oregon Office of Emergency Management. Governor Brown activated the Oregon National Guard to deploy additional resources, personnel, and equipment.

As a result of this declaration, ODOT has also issued a suspension of motor carrier regulations that fall under Executive Order 17 – 24. This is done to expedite the movement of goods to provide relief to the public.

ODOT has declared the suspension of the following motor carrier laws related to vehicles providing essential supplies during the time period identified in the executive order, so until August 24, 2017.

(1) ORS 825.100, certificate or permit requirement for commercial transportation of persons of property

(2) ORS 825.104, permit requirement for for-hire or private carrier engaged in interstate operations.

(3) ORS 825.252, drivers’ hours of service requirements

(4) ORS 825.450, weight receipts issued by Department of Transportation for motor vehicles subject to weight-mile tax.

(5) ORS 825.470, temporary pass for single trip or short-time operation of vehicle.

(6) ORS 825.474, assessment of tax for use of highways.

(7) ORS 826.031, registration of certain vehicles not already registered with the state.

Again, here are some suggestions and information about the eclipse that ODOT has prepared for motor carriers:

There is only one restriction on trucking in place because of the eclipse. Over-width loads will NOT be allowed to operate anywhere in Oregon from noon Friday, Aug. 18, to 12:01 a.m. Tuesday, Aug. 22. Other over-dimensional loads with permits, including triples, will still be allowed.

ODOT will not close any state highways around the eclipse, but cities and counties may close some roads or prohibit left turns at some intersections to help traffic flow.
Nearly all ODOT construction projects and non-emergency maintenance work will be shut down during the eclipse. Lane closures, detours and work zones will remain in place.
Emergency closures for crashes and emergency responders may cause delays in addition to heavy traffic.
Eclipse events are scheduled in many public parking areas such as fairgrounds. ODOT anticipates limited parking for commercial vehicles.
ODOT Motor Carrier staff will be working on the day of the eclipse.
Motor carriers are encouraged to reschedule deliveries as far as possible before or after Aug. 21.

Oregon, Idaho, Wyoming, Nebraska and Colorado are placing restrictions on oversize/overweight loads in the days around the eclipse.

The Oregon Department of Transportation has stated no over-width loads will be allowed to operate in the state between noon on Friday, Aug. 18 and 12:01 a.m. on Tuesday, Aug. 22. Other over-dimensional loads with permits, including triples, will still be allowed. ODOT also says some scale locations may not be available for use by truckers during the event.

The Idaho Division of Motor Vehicles is also restricting large loads, implementing a “holiday protocol. Starting Sunday, Aug. 20 at 4 p.m. and ending at dawn Aug. 22, loads exceeding 10-feet wide, 100-feet long or 14-feet, 6-inches tall may not travel on interstate or state highways south of Lewiston.

In Wyoming, the Wyoming Highway Patrol will not issue any oversize/overweight permits on Aug. 20-22 to help with traffic flow.

The Nebraska DOT is not allowing oversize loads to travel in the state from sundown on Friday, Aug. 18 until sunrise on Tuesday, Aug. 22.

Colorado transportation officials are also restricting all oversize/overweight travel north of Highway 50 from Kansas to Utah, beginning at sundown on Thursday, Aug. 17, and continuing through sunrise on Wednesday, Aug. 23.