COMMONWEALTH OF KENTUCKY
TRANSPORTATION CABINET
transportation.ky.gov    

Andy Beshear
GOVERNOR

Jim Gray
SECRETARY

OFFICE OF THE SECRETARY
OFFICIAL ORDER NO. 113214

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

WHEREAS, a state of emergency exists in Kentucky and surrounding areas due to severe weather resulting in severe winds, severe thunderstorms, flash flooding, and damaging winds in Kentucky 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 theOrder in the cab of the vehicle; and
5. This declaration of emergency shall remain in effect until 12:01 AM EST, April 30, 2023.

Jim Gary Secretary
Kentucky Transportation Cabinet

Done this 31st day of March, 2023 at Frankfort, Kentucky. Approved as to form and legality:

____ ls/Will Fogle______
Will Fogle, Attorney
KYTC, Office of Legal Services

AN EQUAL OPPORTUNITY EMPLOYER M/F/D