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North Carolina Executive Order pertaining to Impacts of Major Winter Storm

EXECUTIVE ORDER NO. 64 

 
EMERGENCY RELIEF FOR THE NORTHEAST REGION OF THE UNITED STATES THAT IS BEING IMPACTED BY A MAJOR WINTER STORM 
 
WHEREAS, due to the anticipated impact and disaster associated with the expected major winter storm in the Northeastern region of the United States, vehicles bearing equipment, supplies and those used to restore utility services to relieve the damage to those states need to be moved on the interstate highways of North Carolina; and
 
WHEREAS, I hereby declare that a state of emergency as defined in N.C.G.S. § 166A-19.3(6) and N.C.G.S. § I66A-l9.3(19) exists for the purposes of responding to the anticipated impact of the major winter storm. The emergency area as defined in N.C.G.S. § 166A-19.3(7) and 
N.C.G.S. § 166A-19.20(b) are States located in the Northeastern region of the United States. 
 
WHEREAS, under the provisions of N.C.G.S. § 166A-19.30(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 bearing equipment, supplies and engaged in restoring utility services to relieve the emergency area must adhere to the registration requirements of N.C.G.S. § 20-86. l and 20-382, fuel tax requirements of N.C.G.S. § 105-449.47, and the size and weight requirements of N.C.G.S. §§ 20-116 and 20
118. I have further found that citizens in the emergency area may suffer losses and will likely suffer further widespread damage within the meaning of N.C.G.S § 166A-19.3(3) and N.C.G.S. § 166A-19.2l(b) and;
 
WHEREAS, the prompt restoration of utility services to citizens is essential to their safety and well-being; and 
 
WHEREAS, 49 CFR § 390.23 allows the Governor of a state to suspend the rules and regulations under 49 CFR Parts 390-399 for up to 30 days if the Governor determines that an emergency condition exists; and 
 
WHEREAS, under N.C.G.S. § 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.G.S. § 20-381 should be waived for persons transporting essential fuels, food, water, and medical supplies, and for the restoration of utility services. 
 
Section 1. 
The Department of Public Safety in conjunction with the North Carolina Department of Transportation shall waive the maximum hours of service for drivers prescribed by the Department of Public Safety pursuant to N.C.G.S. § 20-381. 
 
Section 2. 
The Department of Public Safety in conjunction with the North Carolina Department of Transportation shall waive certain size and weight restrictions and penalties arising under  N.C.G.S. §§ 20-116, 20-118, 20-119 and certain registration requirements and penalties arising under N.C.G.S. §§ 20-86.l, 20-382, 105-449.47, and 105-449.49 for the vehicles transporting equipment, supplies and engaged in restoring utility services in order to relieve the emergency area as described herein. 
 
Section 3. 
Notwithstanding the waivers set forth above, size and weight restrictions and penalties have not been waived under the following conditions:
 
a. When the vehicle weight exceeds the maximum gross weight criteria established by the manufacturer (GVWR) or 90,000 pounds gross weight, whichever is less. 
 
b. When the tandem axle weight exceeds 42,000 pounds and the single axle weight exceeds 22,000 pounds. 
 
c. When a vehicle and vehicle combination exceeds 12 feet in width and a total overall vehicle combination length of75 feet from bumper to bumper. 
 
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 yellow banner on the front and rear measuring a total length of 7 feet by 18 inches bearing the legend "Oversized Load" in IO inch black letters 1.5 inches wide and red flags measuring 18 inches square to be displayed on all sides at the widest point of the load. In addition, when operating between sunset and sunrise, a certified escort shall be required for loads exceeding 8 feet 6 inches in width. 
 
Section 4. 
Vehicles referenced under Sections 2 and 3 shall be exempt from the following registration requirements: 
a. The $50.00 fee listed in N.C.G.S. § 105-449.49 for a temporary trip permit is waived for the vehicles described above. No quarterly fuel tax is required because the exception in N.C.G.S. § I 05-449.45(a)( l) applies. 
b. The registration requirements under N.C.G.S. § 20-382. l concerning intrastate and interstate for-hire authority is waived~ however, vehicles shall maintain the required limits of insurance as required. 
c. Non-participants in North Carolina's International Registration Plan will be permitted into North Carolina in accordance with the exemptions identified by this Executive Order. 
 
Section 5. 
The size and weight exemption for vehicles will only be allowed on all North Carolina Interstate Highways. 
 
Section 6. 
The waiver of regulations under Title 49 of the Code of Federal Regulations (Federal Motor Carrier Safety Regulations) does not apply to the CDL and Insurance Requirements. This waiver shall be in effect for 30 days or the duration of the emergency, whichever is less. 
 
Section 7. 
The North Carolina State Highway Patrol shall enforce the conditions set forth in Sections 1 through 6 of this Executive Order in a manner which will implement these provisions without endangering motorists in North Carolina. 
 
Section 8. 
Upon request by law enforcement officers, exempted vehicles must produce documentation sufficient to establish their loads are for relief efforts associated with transporting equipment, supplies and restoring utility services. 
 
Section 9. 
This Order shall not apply on posted bridges pursuant to N.C.G.S. § 136-72 and light traffic roads pursuant to N.C.G.S. § 20-118. 
 
Section 10. 
This Executive Order does not prohibit or restrict lawfully possessed firearms or ammunition or impose any limitation on the consumption, transportation, sale or purchase of alcoholic beverages as provided in N.C.G.S. § I66A-19.30(c). 
 
Section 11. 
This Executive Order is effective immediately and shall remain in effect for thirty (30) days or the duration of the emergency, whichever is less. 
 
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 26th day of January in the year of our Lord two thousand and fifteen, and of the Independence of the United States of America the two hundred and thirty-eight. 
 
Signed,
 
 
Pat McCrory
Governor
 
 
ATTEST: 
 
 
Elaine F. Marshall 
Secretary of State
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