State of North Dakota

Office of the Governor
Doug Burgum
Governor

Executive Order 2019-01.2

WHEREAS, the people of North Dakota are faced with continuing severe winter weather conditions and increased heating fuel demands, causing extremely low inventories of propane supplies, diesel fuel and gasoline products; and,

WHEREAS, a waiver of hours of service requirements would ensure that motor carriers and drivers can secure, obtain, transport and to deliver propane supplies, diesel fuel and gasoline products to businesses, farms, ranches and private households, to continue to meet the needs of the state; and,

WHEREAS, it is the responsibility of the state to assist the people of North Dakota in addressing the emergencies, disasters, and other hardships that may face the state and its citizens.

NOW, THEREFORE, Doug Burgum, Governor of North Dakota, by virtue of the authority set forth in Article V, Section 1 of the North Dakota Constitution and North Dakota Century Code § 3 7-17 .1, hereby declares that a state of emergency exists in North Dakota that requires relief from North Dakota Century Code§ 39-32-02 pertaining to hours of service for drivers of commercial motor vehicles transporting propane supplies, diesel fuel and gasoline products.

This order is issued on the foregoing bases and under the following conditions:

1. All road safety and vehicle compliance regulations still apply and will be fully enforced.
2. Nothing in this order shall be construed to relieve carriers operating under this order from regulations pertaining to qualifications of drivers, driving of commercial motor vehicles, or parts and accessories necessary for the safe operation of vehicles.
3. Carriers, while under this order, shall not require or allow fatigued drivers to operate a motor vehicle. A driver who informs a carrier that she/he needs immediate rest shall be given at least ten consecutive hours before the driver is required to return to service.

This order supersedes Executive Order 2019-01, issued on February 6, 2019. It shall be effective immediately and shall remain in effect until March 22, 2019.

Dated this 28th day of February 2019.

Doug Burgum
Governor
ATTEST:
Secretary of State
Deputy