Governor Backtracks On HOS Rules Suspension After “Guidance” From FMCSA

Bismarck, North Dakota – North Dakota governor Doug Burgum issued an executive order to waive hours of service (HOS) requirements for many of the state’s commercial truck drivers… only to rescind it less than 48 hours later after receiving “guidance” from the Federal Motor Carrier Safety Administration (FMCSA).

On Tuesday, July 16, the office of Governor Burgum declared a state of emergency after the severe flooding that occurred in the midwest during the spring and summer “greatly disrupted the transportation of certain goods and services” to the state.

The Governor specifically noted the delay in delivery of cement and fly-ash, which is “critical to infrastructure projects” throughout North Dakota, was halting economic success in the northwest area of the state.

 

Burgum also cited his desire for a “timely completion” of a new airport in the city of Williston which requires the building materials.

The Governor issued an executive order to waive HOS requirements for “drivers of commercial motor vehicles transporting cement and fly-ash supply.”

Burgum said his order would “ensure that drivers of motor carriers can provide timely delivery and distribution of cement and fly-ash supply across highways to infrastructure projects throughout the state.”

It was noted in the executive order that other compliance regulations would be “fully enforced.”

The order was effective immediately and was to remain in effect for 30 days.

However, on Thursday, July 18, the governor issued yet another executive order, which rescinded Tuesday’s order.

In part, it read:

“Subsequent guidance from the Federal Motor Carrier Safety Administration has raised questions concerning the interpretation and application of U.S. Department of Transportation Motor Carrier Safety Regulations, 49 CFR Parts 390 to 399, relating to transportation and delivery of goods and services into and within North Dakota . . .”

Governor Burgum’s second order was effective as of signing.

 

To read Governor Burgum’s first executive order (2019-07), click HERE.

To read Governor Burgum’s second executive order (2019-08), click HERE.


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FMCSA Suspends HOS Rules In 21 States Ahead Of Major Storm

Last week, ahead of Tropical Storm Barry making landfall, the FMCSA halted enforcement of HOS regulations in 21 states for trucking companies and owner operators seeking to provide emergency relief assistance.

The FMCSA made the emergency declaration on Wednesday, July 11 and it states:

Drivers responding to provide “direct assistance” to an “emergency” meeting the definitions in 49 CFR 390.5 and declared by FMCSA or a governor, are exempt from applicable regulations in all States on their route to the emergency, even though those States may not be involved in the emergency or stated in the declaration of emergency.

The agency said the emergency must be on-going and you must be providing direct emergency assistance in order to be exempt from safety regulations.

 

FMCSA said the rules suspension will be in place for 30 days and expects drivers to exercise “good judgement.”

To read more on this suspension, click HERE.

Read the latest H.O.S. news HERE.

 


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