EXECUTIVE ORDER 11-38

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, Drought conditions exist which require the operation of motor carriers and drivers of commercial motor vehicles for the purposes of providing direct assistance to Nebraska, Oklahoma and Texas and local efforts in the relief in the of State of Kansas; 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, the conditions have not abated,

NOW, THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas, I hereby acknowledge a state of emergency exists in the states of Nebraska, Oklahoma, Texas, and declare it necessary to assist and expedite all disaster recovery efforts.  In order to accommodate this need and to provide assistance to the citizens of Nebraska, Oklahoma, Texas and Kansas in this extreme situation, I hereby order the following:

1. This declaration only applies to motor carriers hauling hay to livestock in any drought stricken areas; 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relief effort not to exceed a period of thirty (30) days from the date of the initial declaration unless the order is rescinded or expanded by executive order or concurrent resolution of the legislature; and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 for the subject motor carriers; and
5. The licensing, certification and permitting rules and regulations as required by the Kansas Corporation Commission are temporarily suspended for the subject motor carriers; and
6. Participating motor carriers are not required to obtain an over-dimensional permit from the Kansas Department of Transportation; and
7. Participating motor carriers will be allowed to travel during nighttime hours if the over-dimensional load is marked with clearance lights and/or escort vehicles are used; and
8. Participating motor carriers are limited to a load that does not exceed 12 feet in width and does not exceed a height of 14 feet, six inches.

This document shall be filed with the Secretary of State as Executive Order No. 11-38 and shall become effective immediately.