Saint Paul - Governor Tim Pawlenty today issued an executive order 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 cold weather conditions," Governor Pawlenty said. "I am issuing this order to ensure drivers can make petroleum deliveries across Minnesota in a reasonable and timely fashion."

The following is the text of the Governor's official order:

EMERGENCY EXECUTIVE ORDER 05-22

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 laws, including Minnesota Statutes 2004, Section 221.0269, do hereby issue this emergency executive order:

WHEREAS, the severe winter storm in Northwestern Minnesota, cold weather conditions and maintenance procedures that have temporarily shut down a propane pipeline have seriously affected the supply of propane which is essential to the safety and well-being of Minnesotans; and

WHEREAS, because of the supply issues and cold weather, 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 propane, heating and motor fuels.

NOW, THEREFORE, I hereby order that: 

1.         A state of emergency exists that requires relief from regulations incorporated in Minnesota Statutes 2004, Section 221.0314, Subdivision 9, pertaining to hours of service for carriers and drivers of commercial motor vehicles, while transporting propane, heating and motor fuels. 

2.         Nothing herein shall be construed to relieve motor carriers and drivers transporting propane, 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 immediate rest shall be given at least eight consecutive off-duty hours 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 34 consecutive hours off-duty shall be permitted to start his or her on-duty status hours and 60/70 hour clock at zero.

Pursuant to Minnesota Statutes 2004, Section 4.035, Subdivision 2, this executive order is effective immediately and shall remain in effect until 11:59 p.m. Central Standard Time December 30, 2005, unless superceded or extended under Minnesota Statutes 2004, Section 221.0269, Subdivision 2.

IN TESTIMONY WHEREOF, I have set my hand this 16th day of December 2005.