EXECUTIVE ORDER 11-07
Conditional and Temporary Relief from Motor Carrier Rules and Regulations
WHEREAS, K.S.A. 48-925(b) provides that the Governor may issue orders and proclamations which shall have the force and effect of law under subsection (b) of K.S.A. 48-924; and
WHEREAS, on the 23rd day of April, 2011, I declared a state of local emergency for Saline County as a result of train derailment in the City of Salina; and
WHEREAS, this disaster has caused or threatens to cause an emergency as defined in 49 C.F.R. 390.5, as adopted by K.A.R. 82-4-3f and which has or threatens to interrupt the delivery of essential services or essential supplies or otherwise immediately threatens physical harm or injury to persons, the public welfare and/or substantial damage to property; and
WHEREAS, conditions exists which require the operation of motor carriers and drivers of commercial motor vehicles for the purposes of providing direct assistance to supplement State and local efforts in the restoration of services and relief in the affected area(s) of the State of Kansas.
NOW, THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas, I hereby declare there is a state of local emergency existing in the above-listed counties, and as a result, it is necessary to expedite all efforts of restoration of services and relief. In order to accommodate this need and to provide assistance to the citizens of Kansas in this emergency situation, I hereby order the following:
1. This declaration only applies to those motor carriers and persons operating commercial motor vehicles and directly participating in the restoration and relief efforts; and
2. in accordance with Title 49 C.F.R. § 390.23, the requirements contained in the Federal Motor Carrier Safety Regulations, Title 49 C.F.R. Parts 390-399 are hereby suspended through the duration of the motor carrier’s assistance in the disaster relief effort not to exceed a period of five (5) days from the date of the initial declaration unless the order is rescinded or expanded by executive order or concurrent resolution of the legislature; and
3. all other applicable state and federal regulations shall apply to include but not limited to: Title 49 C.F.R. Part 382, Controlled Substances and Alcohol Use and Testing; the Kansas Motor Vehicle Driver’s License Act, K.S.A. 8-234 et. seq. and Title 49 C.F.R. Part 383 Commercial Driver’s License Standards as adopted by the Kansas Uniform Commercial Drivers’ License Act, K.S.A. 8-2,125 et. seq., the federal Minimum Levels of Financial Responsibility (insurance requirements) Title 49 C.F.R. Part 387 as adopted by K.A.R. 82-4-3n and state insurance requirements as provided in K.A.R. 82-4-23; and, adherence to the regulations governing the Transportation of Hazardous Materials as provided Title 49 C.F.R. 397 and adopted by K.A.R.82-4-3k and Parts: 107, 171-173, 177, 178 and 180 as adopted by K.A.R.82-4-20; and
4. the registration and fuel tax permits as enforced by the Kansas Department of Revenue are temporarily suspended; and
5. the licensing, certification and permitting rules and regulations as required by the Kansas Corporation Commission are temporarily suspended; and
6. participating motor carriers must still obtain the requisite over dimension/overweight permits as required by the Kansas Department of Transportation prior to operating; however, the fees associated with these permits are temporarily waived. Additionally, motor carriers and persons participating in restoration and recovery efforts will receive priority service and may operate during low visibility, night, holiday and curfew hours if the carriers and/or driver use clearance lights and/or escort vehicles.
This document shall be filed with the Secretary of State as Executive Order No. 11-07 and shall become effective immediately.