The Federal Motor Carrier Safety Administration on Saturday, Feb. 8, declared a regional emergency in response to the spread of highly pathogenic avian influenza (HPAI) resulting in the widespread loss of chicken flocks.
FMCSA said the bird flu’s impact on the national food supply, including the supply of eggs, and its effects on people and property, including immediate threats to human life, public safety, and public welfare, prompted the declaration.
The agency noted that between Dec. 18, 2024, and Jan. 2, 2025, the governors of California, Iowa, and Louisiana issued emergency declarations related to HPAI, waiving maximum driving time regulations.
Because emergency conditions related to HPAI have not abated and have arisen in other states, FMCSA is issuing the regional emergency and expanding and granting regulatory relief for commercial motor vehicle operations providing direct assistance supporting emergency relief efforts involving transportation of live chickens from areas impacted by HPAI to unaffected areas.
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To qualify for the waiver under the declaration, carriers and drivers must meet the following conditions, among others, which can be seen at this link:
- Before dispatch, the motor carrier must have a valid agreement from the receiving facility to accept delivery of the live chickens.
- A driver must not drive more than 16 hours in any 24-hour period
- The driver must stop all driving at 12:00 a.m. (midnight) each day
- The driver must take a minimum of a 6-hour break in a sleeper berth before resuming any driving
- Drivers must use paper records of duty status (RODS) and supporting documents, maintain RODS and supporting documents for 6 months from the date the record is prepared, and make RODS and supporting documents accessible to FMCSA and law enforcement upon request
FMCSA also noted that carriers and drivers must still comply with all applicable federal and state requirements, such as U.S. Department of Agriculture and state Departments of Agriculture requirements for transporting live chickens, and obtain any necessary authority to load, transport, and deliver the live chickens, and carrying all required documentation.
Motor carriers and drivers must also, before transport begins, ensure that they have any and all approvals necessary for the loading, transport, and delivery of the live chickens.
The declaration is in effect until the end of the emergency or until 11:59 p.m Easter, March 10, 2025, whichever is earlier.
[Related: FMCSA hours waivers extended regionally]
