RALEIGH, (SGRToday.com) - As West Virginia residents struggle to deal with a chemical spill affecting the water supply, Gov. Pat McCrory has eased the way for trucks traveling on North Carolina roads with humanitarian supplies.
Executive Order #38 lays out the details. It was signed on Friday, January 10.
"This afternoon I waived the size and weight restrictions for trucks so we could expedite delivery of water, equipment and supplies to help our neighbors in West Virginia while they recover from the chemical spill, Gov. McCrory said in a statement. "Regardless of the type of disaster, North Carolina stands ready to help our neighboring states in whatever way we can."
The text of Executive Order #38 is as follows:
WHEREAS, due to water contamination as a result of a major chemical spill in the State of West Virginia, vehicles bearing water, equipment and supplies needed to assist with the humanitarian effort need to be moved on the highways of North Carolina; and
WHEREAS, I hereby declare that a state of emergency as defined in N.C.G.S. §§ 166A-19.3(6) and 166A-19.3(18) exists in the State of North Carolina for the purpose of transporting water, equipment and supplies to the State of West Virginia in order to provide humanitarian aid to residents in that State. The emergency area as defined in N.C.G.S. §§ 166A-19.3(7) and 166A-19.20(b) is the State of North Carolina.
WHEREAS, under the provisions of N.C.G.S. § 166A-19.30(b)(3) the Governor, with the concurrence of the Council of State, may regulate and control the flow of vehicular traffic and the operation of transportation services; and
WHEREAS, with the concurrence of the Council of State, I have found that vehicles bearing water, equipment and supplies to assist in the humanitarian effort in West Virginia must adhere to the registration requirements of N.C.G.S. §§ 20-86.1 and 20-382, fuel tax requirements of N.C.G.S. § 105-449.47, and the size and weight requirements of N.C.G.S. §§ 20-116 and 20-118. I have further found that citizens in that State have suffered losses and will likely suffer imminent further widespread damage within the meaning of N.C.G.S §§ 166A-19.3(3) and 166A-19.21(b) and;
WHEREAS, the prompt delivery of water and other essentials to West Virginia is essential to the safety and well-being of citizens in that State; and
WHEREAS, 49 CFR § 390.23 allows the Governor of a state to suspend the rules and regulations under 49 CFR Part 395 for up to 30 days if the Governor determines that an emergency condition exists; and
WHEREAS, under N.C.G.S. § 166A-19.70, the Governor may declare that the health, safety, or economic well-being of persons or property requires that the maximum hours of service for drivers prescribed by N.C.G.S. § 20-381 should be waived for persons transporting essential fuels, food, water, and medical supplies, and for restoration of utility services.
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:
The Department of Public Safety in conjunction with the North Carolina Department of Transportation shall waive the maximum hours of service for drivers prescribed by the Department of Public Safety pursuant to N.C.G.S. § 20-381.
The Department of Public Safety in conjunction with the North Carolina Department of Transportation shall waive certain size and weight restrictions and penalties arising under N.C.G.S. §§ 20-116 and 20-118, and certain registration requirements and penalties arising under N.C.G.S. §§ 20-86.1, 20-382, 105-449.47, and 105-449.49 for the vehicles transporting water, equipment and supplies to the State of West Virginia.
Notwithstanding the waivers set forth above, size and weight restrictions and penalties have not been waived under the following conditions:
a. When the vehicle weight exceeds the maximum gross weight criteria established by the manufacturer (GVWR) or 90,000 pounds gross weight, whichever is less.
b. When the tandem axle weight exceeds 42,000 pounds and the single axle weight exceeds 22,000 pounds.
c. When a vehicle or a vehicle combination exceeds 12 feet in width and a total overall vehicle combination length of 75 feet from bumper to bumper.
d. Vehicles and vehicle combinations subject to exemptions or permits by authority of this Executive Order shall not be exempt from the requirement of having a yellow banner on the front and rear measuring a total length of 7 feet by 18 inches bearing the legend “Oversized Load” in 10 inch black letters 1.5 inches wide and red flags measuring 18 inches square to be displayed on all sides at the widest point of the load. In addition, when operating between sunset and sunrise, a certified escort shall be required for loads exceeding 8 feet 6 inches in width.
Vehicles referenced under Sections 2 and 3 shall be exempt from the following registration requirements:
a. The $50.00 fee listed in N.C.G.S. § 105-449.49 for a temporary trip permit is waived for the vehicles described above. No quarterly fuel tax is required because the exception in N.C.G.S. § 105-449.45(a)(1) applies.
b. The registration requirements under N.C.G.S. § 20-382.1 concerning intrastate and interstate for-hire authority is waived; however, vehicles shall maintain the required limits of insurance as required.
c. Non-participants in North Carolina’s International Registration Plan will be permitted into North Carolina in accordance with the exemptions identified by this Executive Order.
The size and weight exemption for vehicles will be allowed on all routes designated by the North Carolina Department of Transportation, except those routes designated as light traffic roads under N.C.G.S. § 20-118. This order shall not be in effect on bridges posted pursuant to N.C.G.S. § 136-72.
The waiver of regulations under Title 49 of the Code of Federal Regulations (Federal Motor Carrier Safety Regulations) does not apply to the CDL and Insurance Requirements. This waiver shall be in effect for 30 days or the duration of the emergency, whichever is less.
The North Carolina State Highway Patrol shall enforce the conditions set forth in Sections 1 through 6 of this Executive Order in a manner which will implement these provisions without endangering motorists in North Carolina.
Upon request by law enforcement officers, exempted vehicles must produce documentation sufficient to establish their loads are being used for transporting water, equipment and supplies for the humanitarian relief efforts in West Virginia.
This Executive Order does not prohibit or restrict lawfully possessed firearms or ammunition or impose any limitation on the consumption, transportation, sale or purchase of alcoholic beverages as provided in N.C.G.S. § 166A-19.30(c).
This declaration will not trigger the prohibitions against excessive pricing in the emergency area, notwithstanding the provisions of N.C.G.S. § 166A-19.23.
This Executive Order is effective immediately and shall remain in effect for thirty (30) days or the duration of the emergency, whichever is less.
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 tenth day of January in the year of our Lord two thousand and fourteen, and of the Independence of the United States of America the two hundred and thirty-seven.