MINNESOTA DEPARTMENT OF TRANSPORTATION
Extending Emergency Executive Order 19-36
Extending the Period Provided for Relief from Regulations to Motor Carriers and Drivers Operating in the State of Minnesota
I, Margaret Anderson Kelliher, Commissioner of Transportation of the State of Minnesota, by the authority granted to me by Minnesota Statutes 2019, section 221.0269, subdivision 2, issue the following Order:
On October 30, 2019, Governor Tim Walz issued Emergency Executive Order 19-36 declaring an emergency and providing relief from regulations for motor carriers and drivers operating in Minnesota. The conditions described in Emergency Executive Order 19-36 are ongoing and will extend beyond the 30-day period of relief granted in the initial declaration.
The fall harvest in Minnesota and neighboring states was delayed significantly clue to a wet spring and a cold and wet fall. Many states in the Midwest region are conducting harvesting activities simultaneously, which has impacted the demand on propane and liquid fuels. Farmers in northwest Minnesota, North Dakota and Iowa are still using large volume s of propane to dry crops. The availability and allocation of propane is impacted by the onset of winter weather and the home heating season as well as the livestock heating season.
Canadian National Railway workers have been on strike which has caused a significant disruption in the supply of propane transported to Minnesota by rail. Additionally, several refineries and pipelines that service Minnesota have been dealing with supply and operating interruptions, further impacting propane customers and users. These factors create logistical challenges to obtaining product from nearby terminals, and as such, motor carriers and drivers are traveling as far away as Kansas to obtain available product.
The weather forecast calls for significant snowfall and high winds, which will impact harvesting activities, complicate transportation options, and add stress to the current situation.
For these reasons, I order that:
- Pursuant to Minnesota Statutes 2019, section 221.0269, subdivision 2, a state of emergency exists in Minnesota that requires relief from regulations incorporated in Minnesota Statutes 2019, section 221.0314 subdivision 9, pertaining to hours of service for carriers and drivers of commercial motor vehicles providing direct assistance to emergency relief efforts by obtaining and delivering propane, gasoline, diesel fuel or fuel oil.
- Motor carriers and drivers providing direct assistance to emergency relief efforts by obtaining and delivering propane, gasoline, diesel fuel or fuel oil to the affected areas of the state are exempted from paragraphs (b) and (c) under the Code of Federal Regulations, title 49, part 395.3, which are incorporated in Minnesota Statutes 2019, section 221.0314, subdivision 9, pertaining to hours of service.
- Nothing in this Order shall be construed to relieve motor carriers and drivers providing direct assistance for emergency relief efforts from the requirements under paragraph (a) of the Code of Federal Regulations, title 49, part 395. 3, which states, in part, a driver may drive only 11 hours during a period of 14 consecutive hours after coming on duty following ten consecutive hours off duty.
- This Order does not relieve motor carriers and drivers providing direct assistance for emergency relief efforts from regulations pe1iaining to driver qualifications; driving of commercial motor vehicles; commercial drivers' licenses; drug and alcohol testing for drivers; or equipment, parts, and accessories necessary for the safe operation of vehicles.
- No motor carrier operating under the terms of this Order shall require or allow a fatigued or ill driver to operate a commercial 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.
- Upon the expiration date of this Order, or when a driver or carriers has been relieved of all duty and responsibility to provide direct assistance to the emergencyrelief efforts, a driver that has had at least 34 consecutive hours off-duty shall be permitted to start his or her on duty status hours and 60/70 clock at zero.
This extension of Emergency Executive Order 19-36 is effective at 12:00 AM Central Standard Time on November 30, 2019, the expiration date of the initial declaration, and must be filed with the Secretary of State. Emergency relief from regulations for motor carriers and drivers transp01iin g propane, gasoline, diesel fuel or fuel oil to affected areas of the state remains in effect until January 10, 2020, or until the direct assistance has ended, whichever occurs first. For purposes of this Order, and as defined in Minnesota Statutes 2019, section 221.0269, subdivision 3, paragraph (c), direct assistance to an emergency relief effort terminates when a driver or commercial motor vehicle is used to transp01i cargo not destined for the emergency relief effort, or when the carrier dispatches that driver or vehicle to another location for operations in regular commerce.
Signed on November 26, 2019.
Margaret Anderson Kelliher, Commissioner
Filed According to Law:
Steve Simon, Secretary of State