Declaration of State of Emergency due to the primary fuel pipeline incident resulting in a potential shortage of transportation fuel Suspension of Part 395 of Title 49
THE STATE OF GEORGIA
EXECUTIVE ORDER
BY THE GOVERNOR:
WHEREAS: Due to the October 31, 2016, incident at a primary fuel pipeline, there exists a potential shortage of transportation fuel in Georgia; and
WHEREAS: The uninterrupted supply of transportation fuel is an essential need of the public and any shortage threatens the public welfare; and
WHEREAS: The Federal Motor Carrier Safety regulations, 49 CFR 390, et seq., limit the hours of operators of commercial motor vehicles may drive; and
WHEREAS: 49 CFR 390.23 allows the Governor of a State to suspend these rules and regulations for up to 30 days if the Governor determines that an emergency condition exists.
NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY
ORDERED: That a State of Emergency is hereby declared as necessary to protect the safety of Georgians and ensure the uninterrupted supply of transportation fuel throughout Georgia. 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 14 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.
IT IS FURTHER
ORDERED: That no motor carrier operating under the terms of this emergency declaration 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 10 consecutive hours off-duty before the driver is required to return to service.
ORDERED: This Order does not suspend the operation of any state or federal laws or regulations within the State of Georgia except as specifically described in the Order. All other laws and regulations remain in full force and will be enforced.
This Executive Order shall remain in effect until midnight on Tuesday, November 15, 2016.
This 1st day of November, 2016, at 5:25 PM.
GOVERNOR