THE STATE OF GEORGIA
EXECUTIVE ORDER

BY THE GOVERNOR:

STATE OF EMERGENCY FOR WINTER WEATHER

WHEREAS: The National Weather Service predicts a significant winter weather event is likely to occur across North and Central Georgia on Friday, January 10, 2025, with impacts lingering through the weekend; and

WHEREAS: Projected precipitation beginning the morning of Friday, January 10, 2025, through the morning of Saturday, January 11, 2025, accompanied by severe cold temperatures creates the potential for snow and ice accumulation, including black ice on roadways, throughout North and Central Georgia; and

WHEREAS: Wind gusts of up to 20 miles per hour are projected for early Saturday morning and may exacerbate potential property damage, including downed trees and powerlines; and

WHEREAS: Potential snow and ice accumulation, fallen trees, and downed powerlines may render Georgia's roadways hazardous or impassible in affected areas, isolating persons and residences from access to essential public services; and

WHEREAS: Assistance from the State of Georgia is necessary to provide for the public's safety and mitigate potential consequences of this winter weather; and

WHEREAS: The Federal Motor Carrier Safety regulations, 49 C.F.R. § 390, et seq., limit the hours that operators of commercial motor vehicles may drive; and

WHEREAS: 49 C.F.R. § 390.23 allows the Governor of a State to suspend these rules and regulations for up to fourteen (14) days if the Governor determines that an emergency condition exists; and 

WHEREAS: On December 29, 2024, due to the Passing of President James Earl Carter, Jr., I issued Executive Order 12.29.24.02, declaring a State of Emergency for the Passing of President Carter for Sumter County, Georgia; and

WHEREAS: This Order shall create a coexisting state of emergency in the State of Georgia with the State of Emergency for the Passing of President Carter described in the immediately preceding paragraph; and

WHEREAS: The responses by the State to this State of Emergency for Winter Weather and the State of Emergency for the Passing of President Carter should proceed simultaneously, without one impeding the other; and

WHEREAS: The Governor is vested with the emergency powers cited herein as the Chief Executive of this State; and

WHEREAS: As Chief Executive, the Governor is tasked with protecting the citizens of this State, including during a state of emergency; and

WHEREAS: Code Section 38-3-51 vests the Governor with the authority to bring emergency situations under control by issuing orders, rules, and regulations to protect the safety and welfare of the public; and

WHEREAS: Code Section 38-3-28 provides that "[a]ll orders, rules, and regulations promulgated by the Governor" have the force and effect of law; and

WHEREAS: In consultation with state emergency preparedness officials, I have determined that the following actions are necessary and appropriate to protect the health, safety, and welfare of Georgia's residents and visitors.

NOW, THEREFORE, PURSUANT TO CODE SECTION 38-3-51, AND THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY

ORDERED: That a State of Emergency exists in in the State of Georgia due to the potential severe winter weather event affecting the State beginning January 10, 2025.

          IT IS FURTHER

ORDERED: That the State of Emergency declared by this Order shall coexist with the State of Emergency for the Passing of President Carter declared by Executive Order 12.29.24.02. The existence or termination of one shall not impinge the other.

          IT IS FURTHER

ORDERED: That any orders derivative of or appurtenant to this Order addressing this State of Emergency for Winter Weather shall not infringe, overturn, or in any way amend any orders that have been issued for the purpose of responding to the State of Emergency for the Passing of President Carter declared by Executive Order 12.29.24.02.

          IT IS FURTHER

ORDERED: That all resources of the State of Georgia be made available to assist in preparation, response, and recovery activities throughout the affected areas, and the Georgia Emergency Management and Homeland Security Agency shall activate the Georgia Emergency Operations Plan.

          IT IS FURTHER

ORDERED: That state agencies shall coordinate all public and emergency information, activities, releases, and response efforts related to this emergency with the Georgia Emergency Management and Homeland Security Agency.

          IT IS FURTHER

ORDERED: That the Georgia Department of Transportation and Georgia Department of Public Safety shall take all necessary action to ensure the expeditious movement of utility vehicles, equipment, and personnel through the State to eliminate power outages.

          IT IS FURTHER

ORDERED: That state agencies shall provide sufficient personnel required for the staffing of the Georgia State Operations Center or other command, control, and coordination points as may be designated by the Director of the Georgia Emergency Management and Homeland Security Agency and shall provide such personnel, vehicles, equipment, and other resources needed to protect life and property and to ensure continuation, restoration, and recovery of essential public services.
 
          IT IS FURTHER
 
ORDERED: That the federal rules and regulations limiting hours that operators of commercial vehicles may drive are suspended to ensure the uninterrupted supply of goods and services necessary to respond to this State of Emergency for Winter Weather, including petroleum products, propane, and heating fuels. This declared emergency justifies a suspension of Part 395 (driver's hours of service) of Title 49 of the Code of Federal Regulations. The suspension will remain in effect for fourteen (14) days or until the emergency condition ceases to exist, whichever is less. Nothing herein will be construed as an exemption from the Commercial Driver's License requirements in 49 C.F.R. § 383 and the financial requirements in 49 C.F.R. § 387.

          IT IS FURTHER

ORDERED: That no motor carrier operating under the terms of this State of Emergency for Winter Weather will require or allow an ill or fatigued driver to operate a motor vehicle. A driver who notifies a motor vehicle carrier that he or she needs immediate rest will be given at least ten (10) consecutive hours off-duty before being required to return to service.

          IT IS FURTHER

ORDERED: That weight, height, and length for any vehicle traveling through the State of Georgia, for the purposes of providing relief related to this State of Emergency, which traverses roadways maintained by the State of Georgia, excluding interstates, shall not exceed the following:

1. A maximum gross vehicle weight for vehicles equipped with five (5) weight-bearing axles, with an outer bridge span of not less than fifty-one (51) feet, shall not exceed a gross vehicle weight of ninety-five (95) thousand pounds, a maximum width of ten (10) feet, and an overall length of one hundred
   (100) feet. Continuous travel is authorized with the proper escorts.

2. If the width of said vehicle exceeds eight (8) feet six (6) inches and is traveling after daylight, defined as thirty (30) minutes before sunset to thirty (30) minutes after sunrise, the transporter is required to have a vehicle front and a rear escort/amber light when traveling on a two-lane roadway and a vehicle rear escort when traveling on a four-lane highway. Transporters are responsible for ensuring that they have proper oversize signs, markings, flags, and escorts as defined in the Georgia Department of Transportation Rules and Regulations.

          IT IS FURTHER
 
ORDERED: That commercial vehicles operating outside the normal weight, height, and length restrictions under the authority of this State of Emergency shall be issued permits by the Georgia Department of Public Safety. Said vehicles shall be subject to any special conditions the Georgia Department of Public Safety may list on applicable permits. Nothing in this Executive Order shall be construed to allow any vehicle to exceed weight limits posted for bridges and like structures, nor shall anything in this Executive Order be construed to relieve compliance with restrictions other than those specified in this Order or from any statute, rule, order, or other legal requirement not specifically waived herein.
Oversize permits may be issued by the Georgia Department of Public Safety, Motor Carrier Compliance Division, during normal business hours, Monday through Friday by calling 404-635-8176 or through the Georgia Permitting and Routing Optimization System online portal at this website: www.gaprospermits.com.

          IT IS FURTHER

ORDERED: Pursuant to Code Section 10-1-393,4, price gouging related to goods and services necessary for preparation, response, and recovery activities for this State of Emergency for Winter Weather, including petroleum products, propane, and heating fuels, would be detrimental to the social and economic welfare of the citizens of this State and is therefore prohibited.

          IT IS FURTHER

ORDERED: That if one or more of the provisions contained in this Order shall be held to be invalid, in violation of the Georgia Constitution, in violation of Georgia law, or unenforceable in any respect, such invalidity, violation, or unenforceability shall not affect any other provisions of this Order, but, in such case, this Order shall be construed as if such invalid, illegal, or unenforceable provision had never been contained within the Order.

          IT IS FURTHER

ORDERED: That no provision of this Order shall limit, infringe, suspend, or supplant any judicial order, judgment, or decree issued pursuant to the laws or constitution of this State or the laws or constitution of the United States, nor shall any person use any provision this Order as a defense to an action in violation of a judicial order, judgment, or decree by any court created pursuant to the laws or constitution of this State or the laws or constitution of the United States.

          IT IS FURTHER
 
ORDERED: That this Order does not suspend operation of any state or federal law or regulation, except as specifically described herein.

          IT IS FURTHER

ORDERED: The Office of the Governor may continue to issue guidance on the scope of this Order as needed through communication media, including social media, without need for further Executive Orders.

          IT IS FURTHER

ORDERED: All provisions of this Order shall become effective upon signature and shall be valid for a period of five (s) days, expiring Tuesday, January 14, 2025, at 11:59 P.M., unless this State of Emergency is renewed by the Governor.

          IT IS FURTHER

ORDERED: That this Order shall be effective upon signature.

This 9th day of January 2025.

Brian P. Kemp
GOVERNOR