Washington 22-01.1 - Winter Weather and Driver Hours
STATE OF WASHINGTON
OFFICE OF GOVERNOR JAY INSLEE
EMERGENCY PROCLAMATION BY THE GOVERNOR AMENDING PROCLAMATION 22-01
Winter Weather and Flooding
WHEREAS, on January 7, 2022, I issued Emergency Proclamation 22-01, proclaiming a state of emergency in all of Washington’s 39 Counties due to a series of severe winter storms that struck Washington State beginning on December 17, 2021, producing extensive rain and snow and causing hazardous driving conditions, flooding, landslides, and extended road closures on mountain passes and other roadways throughout the lowlands and high elevations statewide; and
WHEREAS, melting snow, saturated soils, and additional rainstorms are predicted to increase flooding as rivers and streams continue to rise throughout the state of Washington; and
WHEREAS, widespread flooding and landslides are causing road closures, road damage, evacuations, the need to establish alternate transportation routes, impacts to local utility services, and damage to public and private property and infrastructure; and
WHEREAS, road closures and impacts to transportation systems and infrastructure resulting from these storms have impacted travel, caused delays in supply chains affecting multiple industries, and interrupted the delivery of essential supplies by preventing drivers from completing their routes within the time limits prescribed by the commercial motor vehicle driver hours of service rules; and
WHEREAS, road closures and impacts to transportation systems have impacted the ability of various industries, including the propane industry and many others, to provide consistent and timely availability of supplies, delaying and hindering delivery within the time limits prescribed by the commercial motor vehicle driver hours of service rules, resulting in the depletion of available supplies needed to meet Washingtonians’ needs; and
WHEREAS, the damage and threat of ongoing damage from these storms and the resultant flooding impact the life and health of our people as well as the property and infrastructure of Washington State, all of which constitute a public disaster that affects life, health, property or the public peace; and
WHEREAS, state agencies and local jurisdictions are coordinating resources to address damaged property and infrastructure, assess damage caused by the storms, and implement repairs; and
WHEREAS, the Washington State Military Department has activated the State Emergency Operations Center, implemented emergency response procedures, is coordinating resources to support local officials in alleviating the immediate social and economic impacts to people, property, and infrastructure, and is continuing to assess the magnitude of the event.
NOW, THEREFORE, I, Jay R. Inslee, Governor of the state of Washington, as a result of the above-noted situation and under Chapters 38.52 and 43.06 RCW, do hereby proclaim that a State of Emergency exists throughout the state of Washington, and direct the plans and procedures in the Washington State Comprehensive Emergency Management Plan be implemented. State agencies and departments are directed to utilize state resources and to do everything reasonably possible to assist affected political subdivisions in an effort to respond to and recover from the event. Additionally, the Washington Military Department, Emergency Management Division, is instructed to coordinate all event-related assistance to the affected areas.
FURTHERMORE, I also hereby find, based on the above, that motor carriers and drivers of commercial motor vehicles in Washington State collecting or delivering essential supplies and services during the above-described emergency are providing direct assistance and emergency relief during an emergency under 49 CFR § 390.23 and, therefore, are exempt from application of the driver hours of service rules in 49 CFR § 395, adopted pursuant to RCW 46.32.020 and WAC 446-65-010, effective immediately until 11:59 p.m. on January 14, 2022.
I also hereby restrict this exemption from the driver hours of service rules for motor carriers and drivers of commercial motor vehicles identified above by prohibiting application of the exemption as follows:
- Motor carriers are prohibited from operating under the terms of this exemption if either of the following conditions exist:
- They have an out-of-service order in effect; or
- They do not possess a current safety rating of “Satisfactory” or better assigned by the Federal Motor Carrier Safety Administration or the State in which the motor carrier has its principal place of business.
- Motor carriers I have not prohibited from operating under the terms of this exemption are prohibited from:
- Requiring or permitting a fatigued or ill driver to operate a commercial motor vehicle; or
- Requiring or permitting a driver to operate a commercial motor vehicle after the driver has informed the carrier (verbally or in writing) that he or she needs immediate rest, unless the driver has first received at least ten consecutive hours off-duty documented in writing by the motor carrier; or
- Requiring or permitting a driver to operate a commercial motor vehicle after the driver has been on duty for more than 96 hours in any 8 consecutive days, unless the driver has first received at least 34 consecutive hours off-duty documented in writing by the motor carrier.
I ask motor carriers to use their best judgment in operating under this exemption in a manner that ensures public health and safety. Drivers operating under this exemption should carry a copy of this Proclamation.
ADDITIONALLY, my order to activate into state service the organized militia of Washington State to include the National Guard and the State Guard, or such part thereof as may be necessary in the opinion of The Adjutant General, to perform such duties as directed by competent authority of the Washington Military Department in addressing this situation remains in place and the Washington State Emergency Operations Center remains instructed to coordinate all incident-related assistance to the affected areas.
Signed and sealed with the official seal of the state of Washington on this 8th day of January, A.D., Two Thousand and Twenty-Two at Olympia, Washington.
Jay Inslee, Governor
BY THE GOVERNOR:
Secretary of State