STATE OF SOUTH DAKOTA
OFFICE OF THE GOVERNOR

EXECUTIVE ORDER 2024-02

Whereas, The people of South Dakota are faced with extremely low inventories and outages of residential heating fuels; and,

Whereas, The return of normal supply flows to fuel terminals in South Dakota is unknown; and,

Whereas, Drivers of residential heating fuel transport vehicles are required to deliver residential heating fuels necessary to maintain the supply of this product in order to enable the people of South Dakota to continue normal heating functions; and,

Whereas, It is the responsibility of the state to assist the people of South Dakota in meeting problems of mutual concern, and transportation of this product is in demand for heating needs; and,

Whereas, In the interest of public safety, SDCL 49-28A-3, and 49 CPR Parts 390-399 of the U.S. Department of Transportation Motor Carrier Safety Regulations, regulate the transportation requirements for drivers of residential heating fuel transport vehicles and may unnecessarily delay the transportation of this fuel; and,

Whereas, Residential heating fuel transport companies, while under this order, shall not require or allow fatigued drivers to operate a motor vehicle. A driver who informs a carrier he or she needs immediate rest shall be given adequate rest before the driver is required to return to service; and,

Whereas, Nothing contained in this declaration shall be construed as an exemption from the controlled substances, alcohol use, and testing requirements (49 CFR Part 382), the commercial driver's license requirements (49 CFR Part 383), the financial responsibility requirements (49 CFR Part 387) applicable size and weight requirements, or any other portion of the regulations not specifically identified; and
 
NOW, THEREFORE, I, Kristi Noem, Governor of the State of South Dakota, declare, notwithstanding SDCL 49-28A-3 and 49 CFR Parts 390-399 of the U.S. Department of Transportation Motor Carrier Safety Regulations, that a state of emergency exists in South Dakota, and that such transp011ation and delivery of residential heating fuels into or within South Dakota shall be exempt from 49 CFR Parts 390-399, otherwise known as the U.S. Department of Transportation Motor Carrier Safety Regulations; and,

IT IS FURTHER ORDERED, This executive order shall expire upon conclusion of the emergency, but no later than midnight, February 11, 2024.

Dated in Pierre, South Dakota, this 12th day of January, 2024.

Kristi Noem
Governor of South Dakota

ATTEST:

Monae L. Johnson
Secretary of State