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United States Department of Transportation United States Department of Transportation

NE 2020 Executive Order No. 20-01

State of Nebraska
Office of the Governor
Lincoln

EXECUTIVE ORDER NO. 20-01 EMERGENCY RELIEF DUE TO COVID-19

WHEREAS, commercial motor vehicles and motor carriers are engaged in the business of transporting food, supplies, and equipment in conjunct ion with the response to the COVID-19 pandemic; and

WHEREAS, federal and state law determine the length and weight hauling requirements for drivers of commercial motor vehicles which deliver food, supplies and equipment; and

WHEREAS, federal motor carrier safety regulations determine the number of hours the drivers of commercial motor vehicles which deliver food, supp li es and equipment may operate; and

WHEREAS, this pandemic may threaten essential public health and safety services if response operations are disrupted due to interruptions of commercial motor vehicle hours of service in the State of Nebraska;

NOW THEREFORE, I, Pete Ricketts, Governor of the State of Nebraska, by virtue of the authority vested in me by the Constitution and laws of Nebraska, find these conditions will facilitate the granting of a waiver from the U.S. Department of Transport at ion - Federal Motor Carrier Safety Administration, pursuant to 49 CFR part 390.23 to allow relief from 49 CFR parts 390 through 399. These regulations are hereby suspended through the duration of the motor carrier's assistance in the pandemic relief effort, effective March 13th , 2020 and to remain in effect until May 15th, 2020.

Pursuant to this declaration, I hereby order the following:

  1. The length and weight hauling requirement s of federal and state law are hereby suspended through the duration of the motor carrier's assistance in the pandemic relief effort.
  2. Hours of Service of Drivers requirements found in 49  CFR  part  395  are  hereby suspend ed, subject to the limitations described below, therefore allowing hauler s of food , supplies and equipment to operate addition al hours.

  1. No motor carrier operating under the terms of this order shall require or allow an ill or fatigued driver to operate a motor vehicle. A driver who notifies a motor carrier  that he or she needs immediate rest shall be given a least ten (10) consecutive hour's off -duty before the driver is required to return to service.
  2. Drivers operating under this order shall carry a copy of the proclamation with them as evidence of their direct support to the State of Nebraska during this emergency period.
  3. Motor carriers that are not directly supporting pandemic response efforts in the State of Nebraska, or that have an Out-Of-Service Order in effect, may not take advantage of the relief from regulation that such a declaration provides under 49 CFR 390.23,

IN WITNESS THEREOF, I have hereunto set my hand and caused the Great Seal of the State of Nebraska to be affixed on this 13th day of March, 2020.

Pete Ricketts, Governor State of Nebraska

ATTEST:

Robert B. Evnen, Secretary of State State of Nebraska

Last updated: Sunday, March 22, 2020