EXECUTIVE ORDER 12 - 06 FOR REGIONAL EMERGENCIES
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 for relief efforts in the of State of Kansas; and
WHEREAS, Drought conditions also exist in the States of Texas and Oklahoma, who have issued regional emergency declarations to aid in their relief efforts; 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,
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 Kansas and declare it necessary to assist and expedite all disaster recovery efforts. I also acknowledge the regional emergencies declared by the States of Texas and Oklahoma. In order to accommodate these needs and to provide assistance to the citizens of Kansas, Oklahoma and Texas in this extreme situation, I hereby order the following:
- This declaration only applies to motor carriers hauling hay to livestock in any drought stricken areas; and
- 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 for motor carriers providing relief to the State of Kansas 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relief effort not to exceed a period of thirty (30) days from the date of the initial declaration unless the order is rescinded or expanded by executive order or concurrent resolution of the legislature; and
- All other applicable state and federal laws/regulations shall apply including 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
- For motor carriers providing relief to Kansas, Oklahoma and Texas, the registration and fuel tax permits as enforced by the Kansas Department of Revenue are temporarily suspended; and
- For motor carriers providing relief to Kansas, Oklahoma and Texas the licensing, certification and permitting rules and regulations as required by the Kansas Corporation Commission are temporarily suspended; and
- Participating motor carriers who are providing relief to Kansas, Oklahoma and Texas are not required to obtain an over-dimensional permit from the Kansas Department of Transportation; and
- Participating motor carriers are not permitted to travel during nighttime; and
- Participating motor carriers are not allowed to drive during inclement weather conditions. Oversize or overweight loads shall not be transported when visibility is less than one-half mile, or when conditions of moderate to heavy rain, sleet, snow, fog, or smoke exist, or when highway surfaces are slippery due to ice, packed snow, or rain.
- 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. 12 – 06 and shall become effective upon the expiration of Executive Order 12-04.