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United States Department of Transportation United States Department of Transportation

NC EO86 - SOE Transportation Waivers Winter Storm

State of North Carolina
ROY COOPER
GOVERNOR

January 13, 2019

EXECUTIVE ORDER NO. 86; DECLARATION OF A ST ATE OF EMERGENCY AND TEMPORARY SUSPENSION OF MOTOR VEHICLE REGULAT IONS TO ENSURE RESTORATION OF UTILITY SERVICES AND THE TRANSPORTATION OF ESSENTIALS

WHEREAS, a winter storm (the --storm") has caused significant impacts to public and private property in the State of North Carolina and has disrupted essential utility services and systems; and

WHEREAS, N.C. Gen. Stat. §§ I 66A- I 9. IO and I 66A- I 9.20 authorize the Governor to declare a state of emergency and exercise the powers and duties set forth therein to direct and aid in the response to, recovery from, and mitigation against emergencies ; and

WHEREAS, the widespread disruption of essential utility services from the Storm constitutes a state of emerge ncy for the State of North Carolina as defined in N.C. Gen. Stat. §§ I 66A- I 9.3(6) and I 66A-l 9.3( 19); and

WHEREAS, the emerge ncy area, as defined in N.C. Gen. Stat. §§ I 66A-l 9.3(7) and I 66Al 9.20(b), is the entire State of North Carolina; and

WHEREAS, ce1tain measures are necessary to ensure the protection and safety of North Carolina residents and coordinate the emergency response among state andlocal entities and officials; and

WHEREAS, the impacts from the Storm require the transportat ion of vehicles bearing equipment and supplies for utility restoration and debris removal, and carrying essentials such as food and medicine, through North Carolina highways; and

WHEREAS, the uninterrupted supply of electricity, fuel oil, diesel oil, gasoline, kerosene, propane, liquid petroleum gas, food, water, livestock and poultry feed, and medical supplies to residential and commercial establishments is essential before, during, and after the Storm and any interruption in the delivery of those commodities threatens the public welfare: and

WHEREAS, the prompt restoration of utility services is essential to the safety and well-being of the State's residents; and

WHEREAS, pursuant to N.C. Gen. Stat. § I 66A-l 9.30(b)(3), the Governor, with the concurrence of the Council of State, may regulate and control the flow of vehicular traffic and the operation of transportation services; and

WHEREAS, with the concurrence of the Council of State. I have found that vehicles engaging in debris removal, bearing equipment and supplies for utility restorat ion, and carrying essentials must adhere to the registration requirements of 1.C. Gen. Stat. §§ 20-86.1 and 20-382. the fuel tax requirements ofN .C. Gen. Stat. §§ 105-449.45, 105-449.47, and 105-449.49, and the size and weight requirements of N.C. Gen. Stat. §§ 20- 116, 20-1 18, and 20-119; and

WHEREAS, I have found that the State·s residents may sufferlosses and willlikely suffer imminent further widespread damage within the meaning of N.C. Gen. Stat. §§ 166A-19.3(3) and 166A-19.21(b); and

WHEREAS, 49 C.F.R. § 390.23 allows the Governor of a state to suspend the rules and regulations under 49 C.F.R. Parts 390-399 for up to thirty (30) days if the Governor determines that an emergency condition exists; and

WHEREAS, pursuant to N.C. Gen. Stat. § I 66A-19.70. the Governor may declare that the health, safety, or economic well-being of persons or property requires that the maximum hours of service for drivers prescribed by N .C. Gen. Stat. § 20-381 should be waived for ( 1) persons transporting essential fuels, food, water, and medical supplies: and (2) vehicles used in the restoration of utility services.

NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and thelaws of the State of North Carolina, IT IS ORDERED:

Section 1.

I hereby declare that a state of emergency. as defined in N.C. Gen. Stat. §§ 166A-19.3(6) and 166A- 19.3(19), exists in the State of North Carolina, due to theloss of power and other essential utilities that were impacted by the Storm. For purposes of this Executive Order. the emergency area is the State of North Carolina ( .. the Emergency Area").

Section 2.

I order all state andlocal government entities and agencies to cooperate in the implementation of the provisions of this declaration and the provisions of the North Carolina Emergency Operations Plan (""the Plan'·).

Section 3.

I delegate to Erik A. Hooks, the Secretary of the North Carolina Department of Public Safety (""DPS'.), or his designee, all power and authority granted to and required of me by Article 1 A of Chapter 166A of the North Carolina General Statutes for the purpose of implementing the Plan and deploying the State Emergency Response Team to take the appropriate actions necessary to promote and secure the safety and protection of the populace in North Carolina.

Section 4.

Further, Secretary Hooks, as Chief Coordinating Officer for the State of North Carolina, shall exercise the powers prescribed in N.C. Gen. Stat. § 1438-602.

Section 5.

I further direct Secretary Hooks or his designee to seek assistance from any and all agencies of the United States Government as may be needed to meet the emergency and seek reimbursement for costs incurred by the State in responding to this emergency.

Section 6.

DPS, in conjunction with the North Carolina Department of Transportation (""DOT'.), shall waive the maximum hours of service for drivers prescribed by DPS pursuant to N.C. Gen. Stat. § 20- 381.

Section 7.

DPS, in conjunction with DOT, shall waive certain size and weight restrictions and penalties arising under N.C. Gen. Stat. §§ 20-116, 20-118. and 20-119, certain registration requirements and penalties arising under N.C. Gen. Stat. §§ 20-86.1 and 20-382. and certain registration and filing requirements and penalties arising under N.C. Gen. Stat. §§ 105-449.45, 105-449.47, and 105-449.49 for vehicles transporting equipment and supplies for the restoration of utility services and transportation facilities, and vehicles carrying essentials and equipment for any debris removal.

Section 8.

Notwithstanding the waivers set forth above. size and weight restrictions and penalties have not been waived under the following conditions:

  1. When the vehicle weight exceeds the maximum gross weight criteria established by the manufacturer (GVWR) or 90,000 pounds gross weight, whichever isless.
  2. When the tandem axle weight exceeds 42.000 pounds and the single axle weight exceeds 22,000 pounds.
  3. When a vehicle and vehicle combination exceed twelve ( 12) feet in width and the total overall vehicle combination'slength exceeds seventy-five (75) feet from bumper to bumper.
  4. Vehicles and vehicle combinations subject to exemptions or permits by authority of this Executive Order shall not be exempt from the requirement of having (A) a yellow banner on the front and rear that is seven (7) feetlong and eighteen ( 18) inches wide and bears thelegend ·'Oversizedload" in ten ( I 0) inch blackletters. 1.5 inches wide and (8) red flags measuring eighteen ( 18) inches square on all sides at the widest point of theload. In addition, when operating between sunset and sunrise. a certified escort shall be required forloads exceeding eight (8) feet six (6) inches in width. 

Section 9.

Vehicles referenced under Sections 7 and 8 of this Executive Order shall be exempt from the following registration requirements: a. The requirement to obtain a temporary trip permit and pay the associated $50.00 feelisted in N.C. Gen. Stat.§ I 05-449.49 is waived for such vehicles. No filing of a quarterly fuel tax return is required as the exemption in N.C. Gen. Stat. § I 05-449.45(b)(I) applies. b. The registration requirements under N.C. Gen. Stat. § 20-382.1 concerning intrastate for-hire authority and N.C. Gen. Stat. § 20-382 concerning interstate for-hire authority are waived; however, vehicles shall maintain the requiredlimits of insurance as required. c. Non-participants in North Carolina·s International Registration Plan and International Fuel Tax Agreement will be permitted to enter North Carolina in accordance with the exemptions identified by this Executive Order.

Section 10.

The size and weight exemption for vehicles will be allowed on all DOT designated routes, except those routes designated aslight traffic roads under N .C. Gen. Stat. § 20-118. This order shall not be in effect on bridges posted pursuant to N.C. Gen. Stat. § 136-72.

Section 11.

The waiver of regulations under Title 49 of the Code of Federal Regulations does not apply to the Commercial Drivers'license and Insurance Requirements. This waiver shall be in effect for thirty (30) days or the duration of the emergency. whichever isless.

Section 12.

The North Carolina State Highway Patrol shall enforce the conditions set forth in Sections 6 through 11 of this Executive Order in a manner that does not endanger North Carolina motorists.

Section 13.

Upon request bylaw enforcement officers, exempted vehicles must produce documentation sufficient to establish that theirloads are being used for bearing equipment and supplies for utility restoration, or debris removal, or carrying essentials in commerce, in the State of North Carolina.

Section 14.

This Executive Order does not prohibit or restrictlawfully possessed firearms or ammunition or impose anylimitation on the consumption. transportation. sale. or purchase of alcoholic beverages as provided in .C. Gen. Stat. § I 66A- I 9.30(c).

Section 15.

Pursuant to N.C. Gen. Stat. § I 66A- I 9.23. this declarat ion triggers the prohibition against excessive pricing as provided in .C. Gen. Stat. §§ 75-37 and 75-38 in the Emergency Area.

Section 16.

This Executive Order is effective immediately and shall remain in effect for thitty (30) days or the duration of the emergency, whichever isless.

IN WITNESS WHEREOF.

I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh. this 13th day of January in the year of ourlord two thousand and nineteen.

ATTEST:
Chief Deputy Secretary of State

Last updated: Monday, January 14, 2019