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Commonwealth of Kentucky - Official Order No. 111273

Matthew G. Bevin, Governor
Greg Thomas, Secretary

COMMONWEALTH OF KENTUCKY
TRANSPORTATION CABINET
Frankfort, Kentucky 40622
www.transportation.ky.gov/

OFFICE OF THE SECRETARY
OFFICIAL ORDER NO. 111273

SUBJECT: DECLARATION OF EMERGENCY, SUSPENSION OF REGISTRATION REQUIREMENTS, AND EXEMPTION OF HOURS OF SERVICE AND STOPPAGE AT WEIGH STATIONS

WHEREAS, severe weather having been forecasted, and several states may suffer considerable damage and economic loss from storm winds and flooding due to Hurricane Florence; and

WHEREAS, states are working in concert to assist-with relief efforts in the affected areas; and

WHEREAS, Hurricane Florence has caused or may cause an emergency of national scope and the Commonwealth of Kentucky seeks to render mutual aid to assist in the federal and state disaster response; and

WHEREAS, commercial motor vehicles will be transporting food, clothing, equipment, fuel, and other supplies and relief workers to the designated areas, and

WHEREAS, Hurricane Florence may cause and/or contribute to widespread electrical outages to a significant portion of the United States and the Commonwealth of Kentucky, disrupting the delivery of vital services and products and thus affecting the public health, safety and welfare of its citizens; and

WHEREAS, Kentucky has been requested to render mutual aid to assist such repair vehicles in their response when entering and exiting the Commonwealth, and

WHEREAS, 49 CFR Part 395, 49 CFR 390.23, KRS 281.730, 601 KAR 1 :005 impose maximum driving time upon the drivers of utility repair vehicles; and

WHEREAS, KRS 189.270, KRS 189.222, and 601 KAR 1 :018 impose standards and establish procedures for the issuance of permits for overweight and/or over-dimensional vehicles; and

NOW, THEREFORE, pursuant to the authority vested in me by KRS 189.230, 189.233, 281.730 and 49 CFR 390.23, I hereby declare:

  1. That a state of emergency exists requiring relief from the hours of service imposed upon the transporters of relief supplies including food, water, medicine, fuel, and other An Equal Opportunity Employer M/F/D commodity within the affected areas. This shall include any utility vehicle responding to affected areas in response to power restoration and debris removal. This Order shall only apply to those commercial truck operators involved in transporting goods, the restoration of utilities, and debris removal as part of the relief effort.
  2. That conditions exist further requiring a waiver of stopping at all weigh stations for these repair vehicles responding to the affected areas;
  3. That repair vehicles providing relief and their operators shall be exempt from the hours of service imposed under 49 CFR part 395, 601 KAR I :005 and KRS 281.730 during the period of this emergency;
  4. That repair vehicles providing relief as set forth herein shall be exempt from permit fees for overweight/over-dimensional vehicles;
  5. That the IRP Registration Requirements for vehicles providing relief services and relief supplies to the affected areas shall be waived;
  6. That all other safety requirements shall remain in full force and effect;
  7. That any driver operating under the authority of this Official Order shall have a copy of the Order in the cab of the vehicle;
  8. This declaration of emergency shall remain in effect until 12:0 I AM EDT, October 11, 2018.

Greg Thomas, Secretary
Kentucky Transportation Cabinet

Done this 11 of September, 2018 at Frankfort, Kentucky.
Approved as to form and legality:

Kevin Moore, Esq.
Executive Director & General Counsel
Office of Legal Services

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