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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

New Hampshire Declaration 0f Emergency Notice (Title 49 CFR 390.23) (Residential and Commercial Establishments)

James H. Hayes Safety Building, 33 Hazen Drive, Concord, NH 03305
Tel: (603) 271-2791
Speech/Hearing Impaired TDD Access Relay NH 1-800-735-2964

John J. Barthelmes
Commissioner Of Safety

Declaration of Emergency Notice (Title 49 CFR 390.23)

Pursuant to 49 CFR Section 390.23 and New Hampshire RSA 266:72-a, the New Hampshire Department of Safety declares that an emergency exists pertaining to the delivery of home heating fuels for residential and business establishments within the State of New Hampshire. The emergency exemption is issued in connection with anticipated emergency conditions as a result of several heavy snow storms, followed by a period of extremely cold temperatures. It is deemed that a declaration of emergency is required to ensure the continuation of these essential services to both residential and commercial establishments within the State.

As a result of the emergency conditions, the following Declaration of Emergency is ordered:

  1. Relief from the 49 CFR Parts 390 - 397 of the Federal Motor Carrier Regulations adopted pursuant to RSA 266:72-a, for motor carriers providing delivery of home and business heating fuels within the State of New Hampshire. The relief also applies to motor carriers engaged in the transportation of such products from terminal locations to local propane and natural gas fuel delivery companies.
  2. No motor carrier operating under the terms of this declaration shall require or allow a fatigued or ill driver to operate a 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.
  3. Motor Carriers that have an Out of Service Order in effect or a suspension or revocation of a New Hampshire State Certificate or Permit as a motor carrier of passengers or property cannot take advantage of the relief from regulations that this declaration provides under Title 49 CFR 390.23.
  4. Nothing contained in this declaration shall be construed as an exemption from the Controlled Substances and Alcohol Use and Testing requirements, Commercial Drivers License requirements, Financial Responsibility requirements, Size and Weight requirements or any other portion of the regulations not specifically identified.
  5. Drivers for motor carriers that operate under this Declaration of Emergency Notice must have a copy in their possession.
  6. Consistent with Title 49 CFR Part 390.23, the Emergency Declaration will remain in effect through March 8, 2015 at midnight.
  7. Drivers who utilize this exemption may come back into compliance and restart the hours of service clock after taking 34 hours off-duty at the end of their extended hours period.

Date: 2/6/2015


John J. Barthelmes
New Hampshire Department of Safety
Designee of the Governor of New Hampshire

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Last updated: Sunday, February 8, 2015