Saint Paul-- Governor Tim Pawlenty today authorized the issuance of an executive order signed by Lt. Governor Carol Molnau directing that carriers and drivers of commercial vehicles transporting heating and motor fuels be exempt from regulated hours of service. Current regulations require service drivers to load fuel at certain times, which has placed additional strain on the already-high petroleum demand due to severely cold weather.

"Moving petroleum products efficiently and quickly through our state is essential to the safety and well-being of Minnesotans during this harsh winter," said Governor Pawlenty. "I am issuing this order to ensure drivers can make petroleum deliveries across Minnesota in a reasonable and timely fashion."

EMERGENCY EXECUTIVE ORDER 04-01

PROVIDING RELIEF FROM REGULATIONS

TO MOTOR CARRIERS AND DRIVERS

OPERATING IN MINNESOTA

I, TIM PAWLENTY, GOVERNOR OF THE STATE OF MINNESOTA, by virtue of the authority vested in me by the Constitution and applicable statutes, do hereby issue this emergency executive order:

WHEREAS, severe cold weather has seriously affected the supply of various petroleum products that are essential to the safety and well-being of Minnesotans; and

WHEREAS, because of the severe cold, drivers of delivery trucks are required to wait for longer periods of time, up to several hours, at terminals to load fuel, resulting in an inordinate loss of available driving time under current regulations;

WHEREAS, this situation has resulted in distribution and delivery problems and has affected the availability of needed fuels.

NOW, THEREFORE, I hereby order that:

1. A state of emergency exists that requires relief from regulations incorporated in Minnesota Statutes 2002, Section 221.0314, Subdivision 9, pertaining to hours of service for carriers and drivers of commercial motor vehicles, while transporting heating and motor fuels.

2. Nothing herein shall be construed to relieve motor carriers and drivers transporting heating and motor fuels from regulations pertaining to qualifications of drivers, driving of commercial motor vehicles, or parts and accessories necessary for the safe operation of vehicles.

3. No motor carrier operating under the terms of this emergency order shall require or allow a fatigued or ill driver to operate a motor vehicle. A driver who informs a carrier that he or she needs rest shall be given at least eight consecutive hours off duty before the driver is required to return to service.

4. Upon the expiration of the effective date of this emergency order, or when a driver has been relieved of all duty and responsibility to provide direct assistance to the emergency effort, a driver that has had at least 24 consecutive hours off-duty shall be permitted to start his or her on-duty status hours of service record at zero.

Pursuant to Minnesota Statutes 2002, Section 4.035, subdivision 2, this executive order is effective immediately and shall remain in effect until 11:59 p.m. Central Standard Time February 14, 2004, unless superceded or extended under Minnesota Statutes 2002, Section 221.0269, Subdivision 2.