FMCSA Provides Additional Reg Exemptions to Canadian Carriers in Aftermath BC Flooding and Road Closures

The US Federal Motor Carrier Safety Administration (FMCSA) has issued a Regional Emergency Declaration to facilitate movement of Canadian goods through the United States to bypass road closures and areas in Canada cut-off by flooding and landslides.

This declaration complements recent changes made to the US Customs and Border Protection (CBP) in-transit program and will allow additional options for Canadian carriers and drivers in re-establishing key supply chain links to British Columbia and Western Canada.

The declaration provides an exemption from certain regulatory requirements in the Federal Motor Carrier Safety (FMCSRs) and is limited to Canadian motor carriers and drivers providing emergency services or transporting essential goods, supplies and equipment from Canada to other points in Canada through to bypass road closures and areas in Canada cut off by flooding and landslides.

The declaration, as written, can be broadly interpreted. CTA is therefore working with governments to seek additional guidance and applicability to Canadian trucking operations.

Key highlights of the regulatory relief provided by FMCSA include:

  • The ability for Canadian trucking companiesand drivers (holding class 1, 2 and 3 licences) to operate from Canada to other points in Canada through the United States without a US DOT#, provided they hold a valid National Safety Code (NSC) certificate number issued by the appropriate authority in the base jurisdiction and a proof of registration in Canada have not been assigned a Conditional or Unsatisfactory safety rating by their base jurisdiction.
  • That FMCSA will not enforce specific parts of the Drug and Alcohol Testing Regime and Clearing House.

Carriers are encouraged to carefully review the full details of the FMCSA declaration and the Notice of Enforcement Discretion to determine and its suitability to their operations.

For full details of the Regional Emergency Declaration click here and the Notice of Enforcement Discretion click here.

Not included in the regulatory relief were considerations for domestic Canadian Weights and Dimensions to be allowed during In-Transit movements, however CTA has prepared a document to serve as a basic guide to assist carriers in this area. Please click here: CTA-US Routing Weight Options_public

Options for additional relief from the International Registration Plan (IRP), International Fuel Tax Agreement (IFTA) and FAST / TWIC requirements for the movement of Dangerous Goods are still being considered by governments.

CTA will continue to monitor the rollout of the declaration and provide updates to membership as necessary.

CTA members with specific questions related to the Declaration can email operations_safety@cantruck.ca and CTA will seek clarification from government officials on a go-forward basis.

CTA would like to thank the Government of Canada for championing this issue with U.S. authorities.

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