August 15, 2020

Volume X, Number 228

August 14, 2020

Subscribe to Latest Legal News and Analysis

August 13, 2020

Subscribe to Latest Legal News and Analysis

August 12, 2020

Subscribe to Latest Legal News and Analysis

Governor Newsom Issues Executive Order Easing Restrictions on Commercial Drivers During COVID-19 Outbreak

On March 17, 2020, California Governor Gavin Newsom signed Executive Order N-31-20 to ease restrictions on commercial drivers engaged in support of emergency relief efforts.  This new order was issued in conjunction with the Federal Motor Carrier Safety Administration’s (“FMCSA”) Emergency Declaration 2020-02 announced last week to ensure the free flow of critical supplies and equipment in interstate commerce.

 

Under the Executive Order, interstate motor carriers who have an active U.S. Department of Transportation number and interstate operating authority are exempt from the following requirements while conducting intrastate transportation within California in support of emergency relief efforts:

  • Interstate motor carriers are not required to hold an active Motor Carrier Property Permit pursuant to California Vehicle Code section 34620.
  • Drivers may be permitted (or even required) to exceed the hours-of-service limits specified in California Vehicle Code section 34501.2 and California Code of Regulations, Title 13, section 1212.5.

Intrastate transportation “in support of emergency relief efforts” includes, but is not limited to, transportation to meet the following needs:

  • Medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19.
  • Supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants.
  • Food for emergency restocking of stores.
  • Equipment, supplies and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to COVID-19.
  • Persons designated by Federal, State, or local authorities for medical, isolation, or quarantine purposes.
  • Persons necessary to provide other medical or emergency services, the supply of which may be affected by the COVID-19 response.

These waivers are in effect for the duration of the FMCSA’s Emergency Declaration 2020-02.

Copyright © 2020, Sheppard Mullin Richter & Hampton LLP.National Law Review, Volume X, Number 78

TRENDING LEGAL ANALYSIS


About this Author

Paul S. Cowie Partner Silicon Valley
Partner

Paul Cowie is the go-to employment class action/PAGA defense lawyer in the firm’s Silicon Valley office.  Recently recognized as a “Top 40 Under 40” California attorney by the Daily Journal (2018) and one of only 335 attorneys nationwide to receive the Client Service All-Star by BTI Consulting (2019), Paul is highly responsive and an expert in his field.  Paul serves as the Leader of the firm’s Transportation Team and has deep experience across many industries, including retail, technology, manufacturing, and transportation.  Paul manages a large team that defends employers in...

415-774-3182
Timothy Kim, Sheppard Mullin Law Firm, Los Angeles, Labor and Employment Law Attorney
Associate

Timothy Kim is an associate in the Labor and Employment Practice Group in the firm's Los Angeles office.

Mr. Kim specializes in advising and defending employers in nearly all aspects of labor and employment law. A significant portion of his practice is devoted to defending employers in complex class action litigation or representing employers in union-related matters. In addition, Mr. Kim enjoys developing unique solutions for his employer-clients to limit litigation exposure without undermining business interests.

Prior to his tenure at Sheppard Mullin, Mr. Kim worked at the Solicitor's Office of the U.S. Department of Labor and the Labor Bureau of the New York Attorney General's Office. Therein, he developed experience in complex FLSA, OSHA, and ERISA prosecutions.

213-455-7672