COMMOWEALTH OF KENTUCKY
TRANSPORTATION CABINET
transportsation.ky.gov

Andy Beshear
GOVERNOR

Jim Gray
SECRETARY

OFFICE OF THE SECRETARY                                                                 

OFFICIAL ORDER NO. 112816 

SUBJECT:    DECLARATION OF EMERGENCY, SUSPENSION OF HOURS OF SERVICE, AND OVERWEIGHT/OVERDIMENSION REQUIREMENTS

WHEREAS, a state of emergency exists in Kentucky and other states in the surrounding areas due to severe weather resulting from tornados, severe thunderstorms, flash flooding, and damaging winds in Kentucky, severe weather having occurred, and several states having suffered considerable damage and economic loss from these severe weather events, 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 and over weight and over dimension requirements; and

WHEREAS, states are working in concert to assist with relief efforts in the affected areas;
and

WHEREAS, weather conditions have an emergency of national scope and the Commonwealth of Kentucky seeks to render mutual aid to assist in the federal and state disaster response; 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

WHEREAS, KRS 189.270, KRS 189.222, and 601 KAR 1:018 impose standards and establish procedures for the issuance of permits for overweight and/or over-dimensional 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 needed housing units and associated supplies to the affected areas
2. That a commercial vehicle providing housing units and vital products as set forth herein shall be exempt from permit fees only for overweight/over-dimensional vehicles;
3. Carriers moving mobile units may obtain an annual overweight/over-dimensional permit, valid for the duration of the emergency order only. Annual permits shall be accompanied by individual “Route Evaluation” confirming each move is being performed on an acceptable route.
4. Any annual permits issued under the need of this order will become null and void at the expiration of this order.
5. 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
6. That all other safety and credential requirements shall remain in full force and effect;
7. This declaration of emergency shall remain in effect until 12:01 AM EDT, June 1, 2022.

Jim Gray, Secretary
Kentucky Transportation Cabinet

Done this 1st day of April, 2022 at Frankfort, Kentucky.

Approved as to form and legality:

Will Fogle, Attorney
KYTC, Office of Legal Services