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Rhode Island Issues Gubernatorial Proclamation Regarding Deliveries of Residential Home Heating Oil and Propane Gas

Document
20150224_RI_DoE_Home_Heating_Fuels.pdf (81.98 KB)

State of Rhode Island and Providence Plantations 

GUBERNATORIAL PROCLAMATION 
 
WHEREAS, on February 13, 2015, a Gubernatorial Proclamation temporarily suspending federal motor carrier safety regulations for drivers delivering residential home heating oil and propane gas was issued; and 
 
WHEREAS, Rhode Island and the New England region continue to experience extreme weather conditions, with frigid temperatures and below zero wind chill values forecast for the coming week; and 
 
WHEREAS, these frigid temperatures and below zero wind chill values have caused an increase in demand for the delivery of home heating oil and propane gas; and 
 
WHEREAS, travel by truck has been impeded due to snow and ice on roadways and driveways, and travel on foot by personnel carrying fuel hoses to oil and propane tanks has been impeded due to snow and ice on walkways and lawns, with delivery further delayed by the need to search for and shovel out fill pipes that are buried under the snow; and 
 
WHEREAS, continued exemption from hours of service regulations would assist in maximizing the amount of heating oil and propane gas that can be delivered within the State. 
 
NOW, THEREFORE, I, Gina M. Raimondo, by the authority vested in me as Governor of the State of Rhode Island and Providence Plantations, do hereby proclaim as follows: 
  1. An emergency continues to exist pertaining to the delivery of home heating oil and propane gas. 
  2. An extension of the existing declaration of emergency is required to ensure the continued timely delivery of home heating oil and propane. 
  3. Pursuant to 49 C.F.R. § 390.23, the federal motor carrier safety regulations provided in 49 C.F.R. § 395.3 and incorporated by reference in R.I. Gen. Laws§ 31-27-5 are temporarily suspended for those drivers delivering residential home heating oil and propane gas. However, nothing contained in this Proclamation shall be construed as an exemption from the controlled substances and alcohol use and testing requirements under 49 C.F.R. § 382, the commercial driver's license requirements under 49 C.F.R. § 383, the financial responsibility requirements under 49 C.F.R. § 387, operating authority under 49 C.F.R. § 365, applicable size and weight requirements, or any other portion of the code of federal regulations not specifically identified, and this proclamation shall not apply to motor carriers that have an Out of Service order in effect. Drivers and carriers are expected to use good judgment and not operate vehicles with fatigued or ill drivers, or under any condition presenting a clear hazard to other motorists. 
  4. Drivers for motor carriers operating under this Proclamation must maintain a copy of it in their possession. 
  5. Upon termination of this Proclamation, federal regulations and state law shall again become effective.
This Proclamation shall take effect immediately and shall remain in effect up to and including March 7, 2015. 
 
So Ordered,
 
 
Gina M. Raimondo
Date: 2/24/15
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Last updated: Tuesday, February 24, 2015