Raleigh -- January 7, 2025: Press Release North Carolina Governor Josh Stein's Office: As Winter Weather Hits Western North Carolina, 

Stein Waives Limits on Transporting Heating Fuels
 
Governor Josh Stein today announced an executive order to temporarily waive federal limits on the amount of time drivers transporting
propane and other heating fuels can be on the road, ensuring heating materials get to people in need quickly.  

“As we face plummeting temperatures, we must ensure that North Carolinians who have been impacted by winter weather and Hurricane Helene maintain an adequate supply of heating fuels,” said Governor Stein. “We’ll continue to use every tool at our disposal to keep people
safe and help them recover from Hurricane Helene.” 
 
Read Governor Stein’s executive order here:
 
January 7, 2025 Executive Order No. 6

Temporary Suspension of Motor Vehicle Regulations to Ensure Adequate Transportation of Heating Fuels Throughout the State

Whereas, Hurricane Helene (“Helene”) entered the State of North Carolina on September 26, 2024, as a tropical storm; and 

Whereas, Helene has inflicted significant damage on public and private property; and

Whereas, impacts from Helene constitute a State of Emergency, as defined in N.C. Gen. Stat. § 166A-19.3(19); and 

Whereas, on September 25, 2024, the Governor issued Executive Order No. 315, which declares a State of Emergency and provides for the health, safety, and welfare of residents and visitors located in North Carolina (“Declaration of a State of Emergency”); and

Whereas, N.C. Sess. Law 2024-51 extended the State of Emergency until March 1, 2025; and

Whereas, an anticipated weather event may have impacts on the State of North Carolina; and 
 
Whereas, the anticipated impacts from the current and forecasted period of prolonged cold weather in the state and in other parts of the United States have increased the demand for drivers of propane and other heating fuels; and
 
Whereas, propane and other heating fuels currently remain in adequate supply for North Carolina residents; and
Whereas, because of the current and forecast period of prolonged cold weather, maintaining adequate supply of propane and heating fuels
is necessary to protect the health and safety of North Carolinians; and
 
Whereas, damage to roads from Helene may cause delays to the transport of propane and other heating fuels; and
 
Whereas, this Executive Order is essential to enable drivers transporting propane and other heating fuels across the state to do so quickly
and efficiently; and
 
Whereas, certain measures are necessary to ensure the protection and safety of North Carolina residents and to coordinate the emergency response among state and local entities and officials; and
 
Whereas, N.C. Gen. Stat. § 166A-19.1(3) provides that it is the responsibility of the Governor, state agencies, and local governments to “provide for the rapid and orderly rehabilitation of persons and restoration of property”; and
 
Whereas, N.C. Gen. Stat. § 166A-19.1(4) provides that it is the responsibility of the Governor, state agencies, and local governments to “provide for cooperation and coordination of activities relating to emergency mitigation preparedness, response, and recovery among agencies and officials of this state and with similar agencies and officials of other states and with other private and quasi-official organizations”; and
 
Whereas, N.C. Gen. Stat. §§ 166A-19.10 and 166A-19.20 authorize the Governor to declare a state of emergency and exercise the powers and duties set forth therein to direct and aid in the response to, recovery from, and mitigation against emergencies; and
 
Whereas, the uninterrupted supply of fuel oil, diesel oil, gasoline, kerosene, propane, and liquid petroleum gas to residential and commercial establishments is essential, and any interruption in the delivery of those commodities threatens the public welfare; and
 
Whereas, 49 C.F.R. § 390.23 allows the governor of a state to suspend the rules and regulations under 49 C.F.R. Parts 390-399 if the governor has declared a state of emergency; and
 
Whereas, nothing contained in this declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 C.F.R. Part 382), the commercial driver’s license requirements (49 C.F.R. Part 383), the financial responsibility (insurance) requirements (49 C.F.R. Part 387), operating authority (49 C.F.R. Part 365), applicable size and weight requirements, ill or fatigued operator standards (49 C.F.R. Part 392.3) or any other portion of the regulations not specifically identified herein; and
 
Whereas, pursuant to N.C. Gen. Stat. § 166A-19.70, the Governor may declare that the health, safety, or economic well-being of persons or property in this State require that the maximum hours of service for drivers prescribed by N.C. Gen. Stat. § 20-381 be waived for persons transporting propane and essential heating fuels.
 
Now, therefore, pursuant to the authority vested in me as Governor by the Constitution and the laws of the State of North Carolina, it is ordered:
 
Section 1.
 
The North Carolina Department of Public Safety (“DPS”), in conjunction with the North Carolina Department of Transportation (“DOT”), shall waive the maximum hours of service for drivers prescribed by DPS pursuant to 49 C.F.R. § 395.3 and N.C. Gen. Stat. § 20-381 for drivers transporting propane or essential heating fuels in the emergency area.
 
Section 2.
 
Pursuant to 49 C.F.R. § 390.23, I hereby waive 49 C.F.R. § 395.3 for vehicles transporting propane and other heating fuels.
 
Section 3.
The North Carolina State Highway Patrol shall enforce the conditions set forth in Sections 1 and 2 of this Executive Order in a manner that does not endanger motorists in North Carolina.
 
Section 4.
 
Upon request by law enforcement officers, exempted vehicles must produce documentation sufficient to establish that their loads are for use in providing direct assistance supporting emergency relief efforts including transporting propane and essential heating fuels.
Direct assistance terminates when a driver or commercial motor vehicle is used in intrastate/interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts related to transporting propane and essential heating fuel in North Carolina, or when the motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce. (49 C.F.R. § 390.23(b)).  
 
Upon termination of direct assistance to emergency relief efforts related to transporting propane and essential heating fuels in North Carolina or affected states, the motor carrier and driver are subject to the requirements of 49 C.F.R. § 395.3, except that a driver may return empty to the motor carrier’s terminal or the driver’s normal work reporting location without complying with 49 C.F.R. § 395.3. When a driver is moving from emergency relief efforts to normal operations a 10-hour break is required if the total time a driver operated, whether conducting emergency relief efforts or a combination of emergency relief efforts and normal operations, equals or exceeds fourteen (14) hours.  
Section 5.
 
This Executive Order is effective immediately and shall remain in effect for thirty (30) days or the duration of the emergency, whichever is less, unless this Executive Order is otherwise extended.
In witness whereof, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this 7th day of January in the year of our Lord two thousand and twenty-five.
Josh Stein
Governor
 
Attest:
Elaine F. Marshall
Secretary of State
 
 
Image: WNCTimes
 

News Hounds

Pinned Items
Recent Activities
  • Maciejewski just registered on the site
    Post is under moderation
    Stream item published successfully. Item will now be visible on your stream.
There are no activities here yet