State Of Iowa
Executive Department

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF IOWA

PROCLAMATION OF DISASTER EMERGENCY

WHEREAS, multiple states including Iowa are experiencing fuel shortages due to high demand for petroleum products; and

WHEREAS, commercial motor vehicles and motor carriers are engaged in the business of transporting fuel from further distances and waiting longer at terminals in order to meet needs.

NOW, THEREFORE, I, KIMBERLY K. REYNOLDS, Governor of the State of Iowa, by the power and authority vested in me by the Iowa Constitution Art. IV,§§ 1, 8 and Iowa Code § 29C.6 (1), and all other applicable laws, do hereby proclaim a STATE OF DISASTER EMERGENCY for the entire state of Iowa and do hereby ORDER and DIRECT the following:

SECTION ONE. Pursuant to Iowa Code§ 29C.6(6), I temporarily suspend the regulatory provisions of Iowa Code § 321.449 pertaining to hours of service for crews and drivers delivering diesel, gasoline or gasoline blends, ethanol and biodiesel into or within the state of Iowa during the duration of this disaster, subject to these conditions:

A. Nothing contained in this Proclamation shall be construed as an exemption from the controlled substances and alcohol use and testing requirements under 49 CFR Part 382, the commercial drivers' license requirements under 49 CFR Part 383, the financial responsibility requirements of 49 CFR Part 387, or any other portion of the Code of Federal Regulations not specifically identified in this proclamation.

B. No motor carrier operating under the terms of this proclamation 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.

C. Upon the request of a driver, a commercial motor carrier operating under this proclamation must give a driver at least thirty-four (34) consecutive hours off when the driver has been on duty for more than seventy (70) hours during any eight consecutive days.

D. Motor carriers that have an out-of-service order in effect may not take advantage of the relief from regulations that this declaration provides under title 49 CFR § 390.23.

E. Upon the expiration of the effective date of this Proclamation, or when a driver has been relieved of all duty and responsibility to provide direct assistance to the emergency effort, a driver that has had at least thirty-four (34) consecutive hours off duty shall be permitted to start his or her on-duty status hours and 60/70-hour clock at zero.

SECTION TWO. Nothing contained in this declaration shall be construed as an exemption from any other portion of the Iowa Code or Iowa Administrative Code not specifically identified in this proclamation.

SECTION THREE. This state of disaster emergency shall be effective immediately, shall continue for fourteen (14) days, and shall expire on May 23, 2025, at 11:59 p.m., unless sooner terminated or extended in writing by me. Iowa Code§ 29C.6(1).


IN TESTIMONY WHEREOF, I HAVE HEREUNTO SUBSCRIBED MY NAME AND
CAUSED THE GREAT SEAL OF THE STATE OF IOWA TO BE AFFIXED AT DES MOINES,
IOWA THIS NINTH DAY OF MAY IN THE YEAR OF OUR LORD TWO THOUSAND TWENTY FIVE

KIMBERLY K. REYNOLDS
GOVERNOR 

ATTEST:

PAUL D. PATE
SECRETARY OF STATE