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How do the hours a driver worked under the emergency exemption impact the 60/70-hour rule when the driver goes back to normal operations?The hours worked providing direct assistance under the emergency relief exemption do not count toward the 60/70- hour rule.  

Is a 34-hour restart required after providing direct assistance under the emergency declaration?No, however, upon completion of the direct assistance and prior to returning to normal operations, the driver is required to meet the requirements of §§ 395.3(a) and (c) and 395.5(a), which include, for example, the requirement to take 10 hours off duty (8 hours for passenger carriers) and to comply with the on-duty limit of 60/70 hours in 7/8 days before returning to driving.   

Is the driver required to use a paper logbook or ELD?
No, the emergency exemption includes relief from all the hours-of service regulations in 49 CFR part 395, including the recordkeeping requirements (i.e., records of duty status (RODS)).

If there is an ELD in the truck, what should a driver do to account for the miles driven?

There are three options 

  1. Use the "authorized personal use" (personal conveyance) function of the ELD to record all of the time providing direct assistance under the exemption.  Use of this function will result in the time being recorded as off duty and requires an annotation.  
  2. Use the ELD in its normal mode and annotate the ELD record to indicate they were driving under the emergency relief exemption; or
  3. Turn off the ELD, in which case the carrier would address the unassigned miles in accordance with the current regulation.
  4. What does a driver need to do if taking a backhaul not covered by the exemption after transporting an exempt load?

Upon completion of the direct assistance activities and prior to returning to normal operations, the driver is required to take 10 consecutive hours off duty before driving.  All the time the driver spends engaged in work-related activities that are not associated with providing direct assistance must be counted under the HOS rules.

Are livestock a covered commodity under the terms of the emergency declaration?
Yes, livestock are covered as a precursor to food. The emergency declaration covers "immediate precursor raw materials-such as paper, plastic or alcohol-that are required and to be used for the manufacture of items" including food needed for the emergency restocking of stores.

Are haulers of household waste and medical waste covered under the terms of the declaration?
Yes, transportation for removal of both household and medical waste is covered as "supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19.

"What documentation is needed to verify that the driver is operating under the exemption?There is no specific documentation required for verification.  Retention of ordinary business records, such as the bill of lading, may be useful later for the convenience of the motor carrier and driver, to document use of the exemption during a future inspection or enforcement action.

Does FMCSA have preemptive authority over states that decide/attempt to close highway rest stops?
No, however FMCSA is working closely with the States to ensure adequate truck parking and facilities are available.To view the FAQ on the FMCSA Website click here.
 
For the FAQ in pdf format click here  

Enhanced Unemployment Compensation

Per Governor Justice's Executive Order, the West Virginia Department of Commerce and WorkForce West Virginia are to provide unemployment benefits to those affected by COVID-19 to the maximum extent permitted under federal law.

West Virginians applying for unemployment benefits are being told not to go to a local unemployment office in person but rather to apply online or by telephone at 1-800-252-JOBS, which is 1-800-252-5627. The first step is to create a job seeker profile immediately and then file a claim right away.

Workforce WV has supplied these guidelines regarding the application process:

  • As of 5:00 pm Wednesday, all local Workforce offices have been closed to the public.
  • As of that time, all low earnings request have been suspended. They will not process any low earnings forms or claims.
  • All employers need to instruct each employee to go to:https://uc.workforcewv.org/consumer/ and start a claim.
  • There is a direct question that employees will need to answer “Yes” to that specifically says Coronavirus.
  • The employer needs to provide all employees with an outlook of an estimated return to work date. The employees will need this date for filing their claim.
  • All waiting periods have been waived.
  • The able & available restrictions have been waived.
  • The seeking job services have been waived.
  • The employer does not have to complete any claims. They just need to instruct the employees where to file and give them the estimated return to work date.
  • The employer will receive a charge statement and separation of work information statement for all claims filed. They will need to review these. Since all employees will automatically qualify for the coronaviruses disaster, it is the employer’s responsibility to make sure all claims are from current employees and not previously terminated employees. 

Payment Deadline Extended to July 15, 2020

The Treasury Department and the Internal Revenue Service are providing special payment relief to individuals and businesses in response to the COVID-19 Outbreak. The filing deadline for tax returns remains April 15, 2020. The IRS urges taxpayers who are owed a refund to file as quickly as possible. For those who can't file by the April 15, 2020 deadline, the IRS reminds individual taxpayers that everyone is eligible to request a six-month extension to file their return.

This payment relief includes:
Individuals: Income tax payment deadlines for individual returns, with a due date of April 15, 2020, are being automatically extended until July 15, 2020, for up to $1 million of their 2019 tax due. This payment relief applies to all individual returns, including self-employed individuals, and all entities other than C-Corporations, such as trusts or estates. IRS will automatically provide this relief to taxpayers. Taxpayers do not need to file any additional forms or call the IRS to qualify for this relief.Corporations: For C Corporations, income tax payment deadlines are being automatically extended until July 15, 2020, for up to $10 million of their 2019 tax due.This relief also includes estimated tax payments for tax year 2020 that are due on April 15, 2020.Penalties and interest will begin to accrue on any remaining unpaid balances as of July 16, 2020. If you file your tax return or request an extension of time to file by April 15, 2020, you will automatically avoid interest and penalties on the taxes paid by July 15.The IRS reminds individual taxpayers the easiest and fastest way to request a filing extension is to electronically file Form 4868 through their tax professional, tax software or using the Free File link on IRS.gov. Businesses must file Form 7004.This relief only applies to federal income tax (including tax on self-employment income) payments otherwise due April 15, 2020, not state tax payments or deposits or payments of any other type of federal tax. Taxpayers also will need to file income tax returns in 42 states plus the District of Columbia. State filing and payment deadlines vary and are not always the same as the federal filing deadline. The IRS urges taxpayers to check with their state tax agencies for those details. More information is available at https://www.taxadmin.org/state-tax-agencies.

WVTA Members Receive a 2.7% discount
West Virginia Trucking Association members recieve a 2.7% discount

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