STATE OF MONTANA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER No. 22-2016
EXECUTIVE ORDER DECLARING A STATE OF ENERGY EMERGENCY
AND TEMPORARILY EXEMPTING CERTAIN CARRIERS FROM
HOURS OF SERVICE REGULATIONS UNDER MONTANA LAW
TO HELP MEET FUEL DEMANDS
WHEREAS, the people of Montana are faced with continued extremely harsh winter conditions;
WHEREAS, these conditions have caused an increased short-term demand for propane, heating oil, and diesel fuel and necessitate the timely delivery of these products by commercial delivery trucks;
WHEREAS, limited petroleum production in Montana has disrupted the ability of industry to provide consistent and timely availability of fuel stocks to bulk distributors, causing delay in the loading and transport times of these supplies by commercial delivery trucks;
WHEREAS, these shortages and delays may threaten the health, property, and welfare of Montanans, warranting the declaration of a short-term energy emergency;
WHEREAS, under Titles 10 and 90 of the Mont. Code Ann., the Governor may suspend the provisions of any agency rule, requirement, or standard if strict compliance would prevent, hinder, or delay necessary action in coping with the emergency; and
WHEREAS, relieving "hours of service'' requirements for commercial motor carrier vehicles in Montana, provided for in Mont. Code Ann. § 61-10-154 and A.R.M. § 18.8.1502, will assist Montanans by facilitating and expediting the distribution of petroleum products.
NOW, THEREFORE, I, STEVE BULLOCK, Governor of the State of Montana, by virtue of the authority vested in me under the Constitution and the laws of the State of Montana, do hereby declare that a state of energy emergency exists in Montana, as defined in Mont. Code Ann. § 90- 4-302, and order as follows:
1. A temporary suspension of "hours of service" regulations, as provided in A.R.M § 18.8.1502 (incorporating by reference 49 C.F.R. part 395), as they apply to drivers of commercial motor vehicles while transporting fuel.
2. This order pertains only to carriers actively involved in transporting propane, heating oil, and diesel fuel.
3. Nothing in this Order shall be construed to waive or suspend any other state or federal regulation pertaining to commercial motor carries and commercial driver license requirements or to relieve carriers and commercial drivers from operating their commercial motor vehicles in a safe and prudent manner.
4. Commercial motor vehicle carriers, while under this order, shall not require or allow fatigued drivers to operate a motor vehicle.
5. Notwithstanding any other provision of this Order, if a driver informs a carrier that the driver needs immediate rest, the "hours of service" requirements, enacted in Mont. Code Ann.§ 61-10-154, and implementing regulations, A.R.M. § 18.8.1502, must be followed.
This Order is effective December 28, 2016 and expires on January 27, 2017.
GIVEN under my hand and the GREAT SEAL of the State of Montana, this 281h day of December, 2016.
STEVE BULLOCK, Governor