Declaration

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State of South Carolina Executive Order No. 2017-18

FILED
AUG 31 2017
SECRETARY OF STATE


State of South Carolina
Executive Department
Executive Order No. 2017-18

WHEREAS, on August 30, 2017, the Governor of the State of Georgia declared a state of  emergency due to the catastrophic impact of Hurricane Harvey on the State of Texas and the resulting impact, or potential impact, on the supply and distribution of fuel and petroleum products in the State of Georgia and other southeastern states; and

WHEREAS, the uninterrupted supply, distribution, and delivery of petroleum products and other fuels is an essential need of the public and any actual, potential, or perceived shortage thereof threatens the public welfare; and

WHEREAS, the Federal Motor Carrier Safety regulations, 49 C.F.R. § 390 et seq., limit the hours operators of commercial vehicles may drive; and

WHEREAS, pursuant to 49 C.F.R. § 390.23, the Governor of the State of Georgia has suspended the application of federal rules and regulations limiting the hours operators of commercial motor vehicles may drive to ensure the uninterrupted supply of petroleum products throughout the State of Georgia; and

WHEREAS, whenever a state of emergency is declared in the State of Georgia that triggers relief under 49 C.F.R. § 390.23, an emergency must be declared in this State pursuant to section 56-5-70(B) of the South Carolina Code of Laws.

NOW, THEREFORE, by virtue of the authority vested in me as Governor of the State of South Carolina and pursuant to the Constitution and Laws of this State and the powers conferred upon me therein, I hereby determine that an emergency exists in the State of South Carolina for the limited purpose of complying with the state of emergency in the State of Georgia. Accordingly, I hereby direct the South Carolina Department of Transportation, the South Carolina Department of Public Safety, and the State Transport Police, as needed, to suspend application and enforcement of the federal rules and regulations that limit the hours operators of commercial vehicles may drive to ensure the uninterrupted supply of petroleum products and other fuels needing to be moved to comply with this Order.

This Order shall take effect immediately and shall expire when the state of emergency in the State of Georgia is terminated or in thirty (30) days, whichever is less, in accordance with section 56-5-70(C) of the South Carolina Code of Laws. Nothing herein shall be construed as an exemption from the Commercial Driver's License requirements in 49 C.F.R. § 383, the financial requirement5 in 49 C.F.R. § 387, or applicable federal size and weight limitations.

Given Under My Hand and the Great Seal of the State of South Carolina, This 31st Day of August, 2017.
Henry Mcmaster
Governor

Attest:

Mark Hammond
Secretary of State

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