Six States Issue Emergency Exemptions

Winter storm Jonas wreaked havoc, shut down highways and left thousands of travelers stranded.  The storm brought interstate commerce to a screeching halt in some states.  Due to the storm, several states– Kentucky, North Carolina, South Carolina, Tennessee, Virginia and West Virginia — issued HOS and other emergency exemptions.

Kentucky 

Duration of Request – From: January 22, 2016 TO: January 31, 2016

WHEREAS, Kentucky has experienced an exceptional and extraordinary winter storm event causing below freezing temperatures and extreme snow/freeze precipitation, and with forecasting predicting this trend to continue into the foreseeable future; and

WHEREAS, cold temperatures and snow/ice conditions across the Commonwealth and the nation have caused a tightening in the market supply, and the market demand has led to a significant decline in feed inventories and delays in transporting live poultry from farm and other locations; and

WHEREAS, this situation has resulted in distribution and delivery problems within the market for livestock feeds, particularly poultry feed, and the transport of live poultry from farm to other processing locations, resulting in transporting delays to the point that operations are severely impacted within the Commonwealth; and

WHEREAS, 49 CFR Part 395, KRS 281.730, and 601 KAR 1:005 impose maximum driving time upon drivers of motor carriers delivering and transporting agricultural products; and

NOW THEREFORE, pursuant to the authority set forth in KRS Chapter 281, 49 CFR 390.23, and by virtue of the DECLARATION OF EMERGENCY issued by Governor Bevin on January 22, 2016, I hereby declare:

1. That emergency conditions exist that require relief from the hours of service imposed upon the transporters of feed and live poultry;
2. That commercial motor vehicles and their operators transporting feed and live poultry shall be exempt from the hours of service imposed under 49 CFR Part 395, 601 KAR 1:005 and KRS  281.730 during the period of this emergency;
3. That all other safety requirements shall remain in full force and effect;
4. This declaration of emergency shall remain in effect until 12:01 AM EST, January 31st, 2016.

 

North Carolina

Duration of Request – From: January 20, 2016 TO: February 20, 2016

WHEREAS, under N.C.G.S. § 166A-19.70, the Governor may declare that the health, safety, or economic well-being of persons or property requires that the maximum hours of service for drivers prescribed by N.C.G.S. § 20-381 should be waived for persons transporting essential fuels, food, water, medical supplies, debris removal, feed for livestock and poultry, transporting livestock and poultry and for vehicles used in the restoration of utility services.

NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution and the laws of the State of North Carolina, IT IS ORDERED:

Section 1.
The Department of Public Safety in conjunction with the North Carolina Department of Transportation shall waive the maximum hours of service for drivers prescribed by the Department of Public Safety pursuant to N.C.G.S. § 20-381.

Section 2.
The Department of Public Safety in conjunction with the Department of Transportation shall waive certain size and weight restrictions and penalties arising under N.C.G.S. §§ 20-116, 20-118, and 20-119. This order also waives certain registration requirements and penalties arising under N.C.G.S. §§ 20-86.1, 20-382, 105-449.47, and 105-449.49 for vehicles transporting equipment and supplies for the restoration of utility services, carrying essentials, and for equipment for any debris removal. The Department of Public Safety shall suspend weighing pursuant to N.C.G.S. § 20-118.1 vehicles used to transport livestock and poultry and carrying livestock and poultry feed in the emergency area.

Section 3.
Notwithstanding the waivers set forth above, size and weight restrictions and penalties have not been waived under the following conditions:

1. When the vehicle weight exceeds the maximum gross weight criteria established by the manufacturer (GVWR) or 90,000 pounds gross weight, whichever is less.
2. When the tandem axle weight exceeds 42,000 pounds and the single axle weight exceeds 22,000 pounds.
3. When a vehicle and vehicle combination exceeds 12 feet in width and a ‘total overall vehicle combination length of 75 feet from bumper to bumper.
4. Vehicles and vehicle combinations subject to exemptions or permits by authority of this Executive Order shall not be exempt from the requirement of having a yellow banner on the front and rear measuring a total length of 7 feet by 18 inches bearing the legend “Oversized Load” in 10 inch black letters 1.5 inches wide and red flags measuring 18 inches square to be displayed on all sides at the widest point of the load. In addition, when operating between sunset and sunrise, a certified escort shall be required for loads exceeding 8 feet 6 inches in width.

Section 4.
Vehicles referenced under Sections 2 and 3 shall be exempt from the following registration requirements:

1. The $50.00 fee listed in N.C.G.S. § 105-449.49 for a temporary trip permit is waived for the vehicles described above. No quarterly fuel tax is required because the exception in N.C.G.S. §105-449.45(a)(l) applies.
2. The registration requirements under N.C.G.S. § 20-382.1 concerning intrastate and interstate for-hire authority is waived; however, vehicles shall maintain the required limits of insurance as required.
3. Non-participants in North Carolina’s International Registration Plan will be permitted into North Carolina in accordance with the exemptions identified by this Executive Order.

Section 5.
The size and weight exemption for vehicles will be allowed on all routes designated by the North
Carolina Department of Transportation, except those routes designated as light traffic roads under N.C.G.S. § 20-118. This order shall not be in effect on bridges posted pursuant to N.C.G.S. § 136-72.

Section 6.
The waiver of regulations under Title 49 of the Code of Federal Regulations (Federal Motor
Carrier Safety Regulations) does not apply to the CDL and Insurance Requirements. This waiver shall be in effect for 30 days or the duration of the emergency, whichever is less.

Section 7.
The North Carolina State Highway Patrol shall enforce the conditions set forth in Sections 1 through 6 of this Executive Order in a manner which will implement these provisions without endangering motorists in North Carolina.

Section 8.
Upon request by law enforcement officers, exempted vehicles must produce documentation sufficient to establish their loads are being used for bearing equipment and supplies for utility restoration, debris removal, carrying essentials in commerce, carrying feed for livestock and poultry, or transporting livestock and poultry in the State of North Carolina.

South Carolina

Duration of Request – From: January 21, 2016 TO: February 21, 2016

WHEREAS, a declaration of emergency exists in the State of North Carolina due to the need for an uninterrupted supply of fuels, food, water or other goods to residential and commercial establishments as an essential need of the public  during the  winter weather and any interruption threatens the public welfare; and

WHEREAS, the Governor of the State of North Carolina has suspended federal regulations limiting the hours of service operators of commercial motor vehicles may drive pursuant to the Federal Motor Carrier Safety regulations, 49 CFR § 390, et seq., and

WHEREAS, whenever a declaration of emergency is declared in North Carolina that triggers relief under 49 CFR § 390.23, an emergency must be declared in this State pursuant to Section 56-5-70(8) of the South Carolina Code of Laws.

NOW,  THEREFORE,  pursuant  to  the  powers  conferred  upon  me  by  the Constitution and Statutes of the State of South Carolina and of the United States of America, I hereby determine that an emergency exists in the State South Carolina for the limited purpose of complying with the declaration of emergency in the State of North Carolina and accordingly direct the South Carolina Department of Transportation and the South Carolina Department of Public Safety, and the State Transport Police as needed, to suspend the federal rules and regulations that limit the hours of serv operators of commercial vehicles may drive, in order to ensure the uninterrupted supply of fuels, food, water, or other goods to the State of North Carolina.

This emergency justifies a suspension of Part 395 (drivers’ hours of service) of Title 49 of the Code of Federal Regulations. The suspension shall remain in effect for 7 days or until the emergency condition ceases to exist, whichever is less.

Nothing herein shall be construed as an exemption from the Commercial Driver’s License requirements in 49 CFR § 383, the financial requirements in 49 CFR § 387, or applicable federal size and weight limitations.

Tennessee 

Duration of Request – From: January 21, 2016 TO: January 27, 2016

1. This state of emergency is being declared for the limited purpose of, and in accordance with 49 CFR § 390.23 as adopted by Tenn. Comp. R. & Regs, Chapter 1340-06-01-.08, providing a temporary exemption from the federal rules and regulations in 49 CFR, Part 395, limiting the hours of service for the operator of a commercial motor vehicle providing food supplies during this state of emergency.
2. Nothing in this Order shall be construed as an exemption from the Commercial Driver’s License requirements in 49 CFR § 383, the financial requirements in 49 CFR § 387, or applicable federal size and weight limitations.
3. No motor carrier operating under the terms of this Order shall require or allow an ill or fatigued driver to operate a motor vehicle. A driver who notifies a motor carrier that he or she needs immediate rest shall be given at least ten (10) consecutive hours off-duty before the driver is required to return to service.
4. The exemption authorized in paragraph one (1) shall remain in effect until January 27, 2016, or until the emergency conditions cease to exist.

Virginia

Duration of Request – From: January 21, 2016 To: March 1, 2016.

The authorization of the Departments of State Police, Transportation, and Motor Vehicles to grant temporary overweight, over width, registration, or license exemptions to all carriers transporting essential emergency relief supplies, livestock or poultry, feed or other critical supplies for livestock or poultry, heating oil, motor fuels, or propane, or providing restoration of utilities (electricity, gas, phone, water, wastewater, and cable) in and through any area of the Commonwealth in order to support the disaster response and recovery, regardless of their point of origin or destination. Such exemptions shall not be valid on posted structures for restricted weight.

All over width loads, up to a maximum of 12 feet, and over height loads up to a maximum of 14 feet must follow Virginia Department of Motor Vehicles (DMV) hauling permit and safety guidelines.

In addition to described overweight/over width transportation privileges, carriers are also exempt from registration with the Department of Motor Vehicles. This includes vehicles en route and returning to their home base. The above-cited agencies shall communicate this information to all staff responsible for permit issuance and truck legalization enforcement.

Authorization of the State Coordinator of Emergency Management to grant limited exemption of hours of service by any carrier when transporting essential emergency relief supplies, passengers, property, livestock, poultry, equipment, food, feed for livestock or poultry, fuel, construction materials, and other critical supplies to or from any portion of the Commonwealth for purpose of providing direct relief or assistance as a result of this disaster, pursuant to § 52-8.4 of the Code of Virginia and Title 49 Code of Federal Regulations, Section 390.23 and Section 395.3.

The foregoing overweight/over width transportation privileges as well as the regulatory exemption provided by § 52-8.4(A) of the Code of Virginia, and implemented in § 19 VAC 30-20-40(B) of the “Motor Carrier Safety Regulations,” shall remain in effect for 30 days from the onset of the disaster, or until emergency relief is no longer necessary, as determined by the Secretary of Public Safety and Homeland Security in consultation with the Secretary of Transportation, whichever is earlier.

West Virginia 

Waiver requested for:
Propane Delivery and Transport

Duration of Request-From: January 22, 2016 1:00pm To: January 26, 2016 12:00 Midnight

Special Conditions:

1. Limited to operators of vehicles making propane and/or heating fuel deliveries to residential or commercial establishments within the State of West Virginia and operators of vehicles transporting heating fuels from terminal locations to heating fuel delivery companies.
2. Exemption is from the requirements of the 60/70 hour rule only
3. Drivers Must still comply with the 11 hour maximum driving time and 14 hour maximum driving and on-duty time limitations
4. Exemption may only be used when all drivers in a company have reached the 60/70 hour limitation and deliveries are necessary to ensure continuation of heating services at a residential or commercial establishment.