State of North Carolina
ROY COOPER
GOVERNOR
September 18, 2024
EXECUTIVE ORDER NO. 314
AMENDMENT TO EXECUTIVE ORDER NO. 313
EXPANDING THE EMERGENCY AREA TO ADDITIONAL COUNTIES AND
TEMPORARY SUSPENSION OF MOTOR VEHICLE REGULATIONS TO SUPPORT
THE RECOVERY EFFORTS IN NORTH CAROLINA

     WHEREAS, significant flooding from Potential Cyclone Eight ("PTC Eight") caused major impacts to the public and private property and critical infrastructure in the State of North Carolina; and

     WHEREAS, the impacts from PTC Eight have caused damages to the public and private infrastructure through a portion of the state that will require vehicles bearing equipment and supplies for debris removal, and essential commodities in commerce to be moved expeditiously through North Carolina on the intrastate highways; and

     WHEREAS, Executive Order No. 313 declares that a state of emergency as defined in N.C. Gen. Stat. § l 66A-l 9.3(6) exists in Bladen, Brunswick, Columbus, and New Hanover
counties; and

     WHEREAS, additional counties have reported impacts from PTC Eight; and

     WHEREAS, expanding the state of emergency to the additional counties named in this Executive Order will assist in federal, state, and local efforts in responding to the flooding from PTC Eight; and

     WHEREAS, the undersigned has found that residents may suffer losses and further widespread damage within the meaning of N.C. Gen. Stat. §§ 166A-19.3 and 166A-19.2l(b); and

     WHEREAS, the uninterrupted supply of electricity, fuel oi l, diesel oil, gasoline, kerosene, propane, liquid petroleum gas, food, water, and medical supplies to residential and commercial establishments is essential and any interruption in the delivery of those commodities threatens the public welfare; 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 if the Governor determines that an emergency condition exists; and

     WHEREAS, nothing contained in this declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 C.F.R. Part 382), the commercial driver's license requirements ( 49 C.F .R. Part 3 83 ), the financial responsibility (insurance) requirements (49 C.F.R. Part 387), operating authority (49 C.F.R. Part 365), applicable size and weight requirements, ill or fatigued operator ( 49 C.F.R. Part 392.3) or any other portion of the regulations not specifically identified; and

     WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.70(g), upon the recommendation of the North Carolina Commissioner of Agriculture and the existence of an imminent threat of severe economic loss of livestock, poultry, or crops ready to be harvested, the Governor may direct the North Carolina Department of Public Safety ("DPS") to temporarily suspend weighing vehicles used to transport livestock, poultry or crops ready to be harvested; and

     WHEREAS, this suspension does not permit the gross weight of any vehicle or combination to exceed the safe load-carrying capacity established by the North Carolina
Department of Transportation ("DOT") on any bridge pursuant to N.C. Gen. Stat.§ 136-72, or to permit the operation of a vehicle when a law enforcement officer has probable cause to believe the vehicle is creating an imminent hazard to public safety; and

     WHEREAS, pursuant to N.C. Gen. Stat.§ 166A-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, non-alcoholic beverages, medical supplies, feed for livestock and poultry, (2) persons transporting livestock, poultry, and crops ready to be harvested, and (3) vehicles used in the restoration of utility and transportation services.

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

Section 1.

     The Emergency Area in Section 1 of Executive Order No. 313 is amended to include the
following counties: Carteret, Dare, Onslow, and Pender.

Section 2.

     DPS in conjunction with DOT, shall waive the maximum hours of service for drivers prescribed by DPS pursuant to N.C. Gen. Stat. § 20-381 for (1) persons transporting essential fuels, food, water, non-alcoholic beverages, medical supplies, feed for livestock and poultry, (2) persons transporting livestock, poultry, and crops ready to be harvested, and (3) vehicles used in the restoration of utility and transportation services. In addition, DPS shall, pursuant to N.C. Gen. Stat. § 166A-19.70(g), temporarily suspend weighing pursuant to N.C. Gen. Stat. § 20-118.1 vehicles used to transport livestock, poultry, livestock or poultry feed, or crops ready to be harvested.

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

Section 3.

     Pursuant to 49 C.F.R. § 390.23, I hereby waive 49 C.F.R. § 395.3 for vehicles transporting loads that are for use in (1) providing direct assistance supporting emergency relief efforts including transporting essential fuels, food, water, non-alcoholic beverages, medical supplies, feed for livestock and poultry, (2) transporting livestock, poultry, and crops ready to be harvested, or (3) the restoration of utility and transportation services in response to PTC Eight in North Carolina and affected states for fourteen (14) days.

     Upon request by law enforcement officers, exempted vehicles must produce documentation sufficient to establish that their loads are for use in providing direct assistance supporting emergency relief efforts including transporting loads that are for use in ( 1) providing direct assistance supporting emergency relief efforts including transporting essential fuels, food, water, non-alcoholic beverages, medical supplies, feed for livestock and poultry. (2) transporting livestock, poultry, and crops ready to be harvested, or (3) the restoration of utility and transportation services in response to PTC Eight.

     Direct assistance tem1inates when a driver or commercial motor vehicle is used in intrastate/interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts related to PTC Eight in orth Carolina. or when the motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce. (49 C.F.R. § 390.23(b)).

     Upon termination of direct assistance to emergency relief efforts related to transporting loads that are for use in (I) providing direct assistance supporting emergency relief efforts including transporting essential fuels, food, water, non-alcoholic beverages, medical supplies. feed for livestock and poultry, (2) transporting livestock, poultry, and crops ready to be harvested. or (3) the restoration of utility and transportation services in response to PTC Eight in North Carolina or affected states, the motor carrier and driver are subject to the requirements of 49 C.F.R. § 395.3, except that a driver may return empty to the motor carrier's terminal or the driver's normal work reporting location without complying with 49 C.F.R. § 395.3. When a driver moves from emergency relief efforts to normal operations, a 10-hour break is required if the total time a driver operates, whether conducting emergency relief efforts or a combination of emergency relief efforts and normal operations, equals or exceeds fourteen ( 14) hours.

Section 4.

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

Section 5.

     This Executive Order is effective immediately and shall remain in effect for thirty (30) days, unless earlier terminated. provided, however, that the provisions in Section 3 shall remain in effect for fourteen ( 14) days.

     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 18th day of September in the year of our Lord two thousand and twenty-four.

Roy Cooper
Governor

ATTEST:

Rodney S. Maddox
Chief Deputy Secretary of State