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United States Department of Transportation United States Department of Transportation

Ohio PUCO HOS Relief Heating Oil 2-19-21

OHIO
Public Utilities Commission

Mike DeWine, Governor
M. Beth Trombold, Acting Chair

Commissioners
Lawrence K. Friedeman
Dennis P. Deters
Daniel R. Conway

Notice

To: Interested Carriers

From: John Williams, Director
Transportation Department
Public Utilities Commission of Ohio

Date: February 19, 2021

Re: Regulatory Relief from Hours-of-Service Requirements for Intrastate Operation of Commercial Motor Vehicles Transporting Heating Oil

Due to the winter weather, the home heating oil suppliers are facing additional challenges to delivering home heating oil to residential customers. The Public Utilities Commission of Ohio hereby grants regulatory relief from the hours- of-service requirements pursuant to Ohio Revised Code (ORC) 4923.02(C) and Rule 4901:2-5-05(C)(2) of the Ohio Administrative Code (OAC) for the intrastate transportation of heating oil. The regulatory relief granted in this notice pertains only to the hours-of-service regulations found in 49 C.F.R. Section 395.3.

Rule 4901:2-5-05(C) of the Ohio Administrative Code, provides for regulatory relief from the hours-of-service regulations for motor carriers operating in intrastate commerce during a time of emergency. On November 4, 1999, the Public Utilities Commission of Ohio adopted and approved a "Policy for Regulatory Relief in Emergency Situations" to implement this rule.

The regulatory relief granted in this notice does not alter a motor carrier's duty to monitor its drivers; maintain records of duty status, and ensure drivers are not ill, fatigued, impaired, or otherwise unable to operate a commercial motor vehicle safely. This regulatory relief does not provide an exemption from the commercial driver's license requirements (refer to 49 C.F.R. Part 383), the controlled substance and alcohol use and testing requirements (refer to 49 C.F.R. Part 382) and/or the financial responsibility (insurance) requirements adopted by the Commission.

Drivers must keep a written or electronic copy of this notice in each vehicle affected by this grant of regulatory relief.  This regulatory relief will not apply to vehicles that do not have a copy of this notice.

This grant of regulatory relief is effective immediately and expires at 11:59 PM, February 26, 2021.

Any driver utilizing this relief to extend their 11-hour driving limit or 14-hour on duty limit, must take a continuous 10-hour off-duty or sleeper berth period after completion of their on-duty shift. Once this grant of regulatory relief expires, drivers must comply with the off-duty requirements in 49 C.F.R.  Section 395.3 concerning 60/70 hour rules, or take a 34 hour restart, to return to active duty status.

Please contact the PUCO Transportation Department at 1-800-686-8277 with questions regarding this matter.

Date: February 19, 2021

John D. Williams, Director                                                                                                              

Last updated: Monday, February 22, 2021