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Declaration Of Emergency Notice Title 49 CFR 390.23 -10-30-17

State of New Hampshire
DEPARTMENT OF SAFETY
James H. Hayes Safety Building, 33 Hazen Drive, Concord, NH 03305
Tel: (603) 271-2791
Speech/Hearing Impaired
TDD Access Relay NH 1-800-735-2964

DECLARATION OF EMERGENCY NOTICE (Title 49 CFR 390.23)

Pursuant to 49 CFR Section 390.23 and New Hampshire RSA 266:72-a, the New Hampshire Department of Safety declares that an emergency exists pertaining to the delivery of propane, natural gas, fuel oil, gasoline and foodstuffs and the repair of utility outages within the State of New Hampshire.

The emergency exemption is issued about emergency conditions because of a heavy wind and rain storm. It is deemed that a declaration of emergency is required to ensure the continuation of these essential services to both residential and commercial establishments within the State.

Because of the emergency conditions, the following Declaration of Emergency is ordered:

  1. Relief from the 49 CFR Parts 390 - 397 of the Federal Motor Carrier Regulations adopted pursuant to RSA 266:72-a, for motor carriers providing delivery of propane and natural gas to homes and businesses within the State of New Hampshire, delivery of gasoline to filling stations, delivery of foodstuffs and medicines to grocery and drug stores, and vital work by local utility crews.
  2. No motor carrier operating under the terms of this declaration shall require or allow a fatigued or ill driver to operate a motor vehicle. A driver who informs a carrier that he or she needs immediate rest shall be given at least ten consecutive hours off-duty before the driver is required to return to service.
  3. Motor Carriers that have an Out of Service Order in effect or a suspension or revocation of a New Hampshire State Certificate or Permit as a motor carrier of passengers or property cannot take advantage of the relief from regulations that this declaration provides under Title 49 CFR 390.23.
  4. Nothing contained in this declaration shall be construed as an exemption from the Controlled Substances and Alcohol Use and Testing requirements, Commercial Driver's License requirements, Financial Responsibility requirements, Size and Weight requirements or any other portion of the regulations not specifically identified.
  5. Consistent with Title 49 CFR Part 390.23, the Emergency Declaration will remain in effect through November 2. 2017 at midnight.
  6. Drivers who utilize this exemption may come back into compliance and restart the hours of service clock taking 34 hours off-duty at the end of their extended hours period.

John J. Barthelmes
Commissioner
New Hampshire Department of Safety
Designee of the Governor of New Hampshire

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