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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Kentucky 23.08.28 OFFICIAL ORDER 113398

COMMONWEALTH OF KENTUCKY
TRANSPORTATION CABINET
200 Mero Street
Frankfort, Kentucky 40601

Andy Beshear
GOVERNOR

Jim Gray
SECRETARY 

OFFICE OF THE SECRETARY    OFFICIAL ORDER NO.113398

SUBJECT: DECLARATION OF EMERGENCY, SUSPENSION OF REGISTRATION REQUIREMENTS, AND EXEMPTION OF HOURS OF SERVICE AND STOPPAGE AT WEIGH STATIONS

     WHEREAS, a state of emergency exists in Florida and surrounding areas due to severe weather resulting in tornados, severe thunderstorms, flash flooding, and damaging winds in Florida and several other states having suffered considerable damage and economic loss from storm winds and flooding due to changes in the weather pattern, and accordingly, pursuant to KRS 189.230, 189.233, 281.730 and 49 CFR 390.23, I hereby declare that a state of emergency exists requiring relief from the hours of service imposed on commercial vehicles providing power restoration within the affected areas. This shall include any commercial vehicle responding to affected areas in response to power restoration and debris removal; and

     WHEREAS, weather conditions have caused widespread electrical outages to a significant portion of the United States interrupting of vital services and products and thus affecting the public health, safety and welfare of its citizens; and

     WHEREAS, 49 CFR Part 395, 49 CFR 390.23, KRS 281.730, 601 KAR 1:005 impose
maximum driving time upon the drivers of commercial vehicles; and

     NOW, THEREFORE, pursuant to the authority vested in me by KRS 189.230, 189.233, 281.730, and 49 CFR 390.23, I hereby declare:

  1. That a state of emergency exists requiring relief from the hours of service imposed on commercial vehicles providing power restoration within the affected areas. This shall include any commercial vehicle responding to affected areas in response to power restoration and debris removal; and
  2. That conditions exist further requiring a waiver of stopping at all weigh stations for these commercial vehicles responding to the affected areas; and
  3. That all other safety requirements shall remain in full force and effect;
  4. That any driver operating under the authority of this Official Order shall have a copy of the Order in the cab of the vehicle; and
  5. This declaration of emergency shall remain in effect until 12:01 AM EST, September, 30, 2023.

Jim Gray, Secretary
Kentucky Transportation Cabinet

Done this 28th day of August, 2023 at Frankfort, Kentucky. Approved as to form and legality:

Will Fogle, Attorney
KYTC, Office of Legal Services

Last updated: Tuesday, August 29, 2023