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 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.”
EMERGENCY EXECUTIVE ORDER 07-01
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 laws, including Minnesota Statutes 2006, Section 221.0269, do hereby issue this emergency executive order:
WHEREAS, colder than average weather, coupled with lower than average shipments of propane through the pipelines has resulted in a low supply of propane and other heating and motor fuels; and
WHEREAS, as a result of natural gas contracts which limit natural gas use in cold weather, a number of large natural gas users switched from natural gas to propane and fuel oil, which placed additional strain on the supply and availability of these heating fuels; and
WHEREAS, because of the weather conditions and supply problems, drivers of delivery trucks are required to wait for significantly longer periods of time at terminals to load fuel and some drivers need to go to terminals further away from their market to load product, 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 propane, heating and motor fuels to users; and
WHEREAS, the weather is expected to remain below average for the next week to 10 days which will exacerbate the current supply and fueling problems and once normal weather conditions return, suppliers and drivers will require a short period of time to allow for supplies and fueling conditions to return to normal.
NOW, THEREFORE, I hereby order that:
1. A state of emergency exists that requires relief from regulations incorporated in Minnesota Statutes 2006, 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 2006, 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 21, 2007, unless superseded or extended under Minnesota Statutes 2006, Section 221.0269, Subdivision 2.
IN TESTIMONY WHEREOF, I have set my hand this 6th day of February 2007.
