State of North Dakota
Office of the Governor
Executive Order 2017-18

WHEREAS, the people of North Dakota are faced with extremely low inventories of propane supplies, resulting from market disruptions due to hurricanes and other severe seasonal weather; and,

WHEREAS, North Dakota farmers are faced with an increased need for propane fuel to dry late-harvested grain, resulting from drought conditions experienced during the 2017 crop season; and,

WHEREAS, a waiver of hours of service requirements would ensure that carriers, agribusiness and farmers can secure, obtain, transport and deliver propane to meet the agricultural needs of this state; and,

WHEREAS, the state Agriculture Commissioner has requested an hours of service waiver be granted, to ensure that sufficient propane supplies are available during the fall and winter months; and

WHEREAS, it is the responsibility of the state to assist the people of North Dakota in addressing the emergencies, disasters, and other hardships that may face the state and its citizens.

NOW, THEREFORE, Doug Burgum, Governor of North Dakota, by the authority vested under Article V, Section 1 of the North Dakota Constitution and North Dakota Century Code S 37-17.1, hereby declares that a state of emergency exists in North Dakota that requires relief from North Dakota Century Code S 39-32-02 pertaining to hours of service for drivers of commercial motor vehicles transporting propane.

This order is issued on the foregoing bases and under the following conditions:

1. All road safety and vehicle compliance regulations still apply and will be fully enforced.
2. Nothing in this order shall be construed to relieve carriers operating under this order from regulations pertaining to qualifications of drivers, driving of commercial motor vehicles, Of parts and accessories necessary for the safe operation of vehicles.
3. Carriers, while under this order, shall not require or allow fatigued drivers to operate a motor vehicle. A driver who informs a carrier that she/he needs immediate rest shall be given at least ten consecutive hours before the driver is required to return to service.

This order is effective immediately and it shall remain in effect for thirty days.Executed at Bismarck, North Dakota, this 31st day of October, 2017.

ATTEST:
Doug Burgum
Governor