Okla. Admin. Code § 1:2013-42

Current through Vol. 42, No. 4, November 1, 2024

Section 1:2013-42

I, Mary Fallin, Governor of the State of Oklahoma, pursuant to the power vested in me by Sections 1 and 2 of Article VI of the Oklahoma Constitution and 63 O.S. § 683.1et seq., and pursuant to Title 49 C.F.R. Part 390.23, hereby declare that because there is a state of emergency existing in the State of Oklahoma due to hazardous weather conditions, it is necessary to assist and expedite all efforts of storm relief. In order to accommodate this need and to provide assistance to the citizens of Oklahoma in this extraordinary situation, I hereby order the temporary suspension of the following as they apply to vehicles used in the support efforts:

1. The requirements for special permits for use of oversized vehicles under Title 47 of the Oklahoma Statutes;

2. The requirements for special permits for use of overweight vehicles operating off the interstate highway system under Title 47 of the Oklahoma Statutes;

3. The requirements for licensing/operating authority as required by the Oklahoma Corporation Commission;

4. The requirements for licensing/registration as required by the Oklahoma Tax Commission and the Oklahoma Corporation Commission; and

5. Exemption from Parts 390 through 399 of Title 49 of the Federal Motor Carrier Safety Regulations.

Declaration of this emergency provides relief for 30 days from Sections 390 through 399 of the Federal Motor Carrier Safety regulations for those interstate and intrastate carriers who are providing direct assistance for the immediate restoration of essential services (such as electrical, sewer, water, and telecommunications) or essential supplies (such as food and fuel). It does not include transportation related to long-term rehabilitation of damaged physical infrastructure or routine commercial deliveries after the initial threat to life and property has passed. Direct assistance terminates when a driver or commercial motor vehicle is used in interstate or intrastate commerce to transport cargo not destined for the emergency relief effort, or when a motor carrier dispatches such driver or vehicle to a location outside the relief area.

Nothing contained in this declaration shall be construed as an exemption from the Controlled Substance and Alcohol Use and Testing requirements ( 49 C.F.R. Part 382), the Commercial Driver License requirements ( 49 C.F.R. Part 383), the Financial Responsibility requirements ( 49 C.F.R. Part 387), or any other portion of the regulations not specifically identified herein. Motor carriers that have an Out-Of-Service Order in effect cannot take advantage of the relief from regulation that this declaration provides.

Consistent with Title 49 C.F.R. Part 390.23 this emergency notice will remain in effect for 30 days, December 05, 2013 through January 04, 2014.

Copies of this Executive Order shall be distributed to the Director of Emergency Management who shall cause the provisions of this order to be implemented by all appropriate agencies of state government.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Oklahoma to be affixed at Oklahoma City, Oklahoma, this 5^th day of December, 2013.

BY THE GOVERNOR OF THE STATE OF OKLAHOMA

Mary Fallin

ATTEST:

Chris Morriss

Assistant Secretary of State

Okla. Admin. Code § 1:2013-42

Added at 31 Ok Reg 229, eff 12-5-13¹; Amended at 31 Ok Reg 230 (codified at 1:2013-42A), eff 12-11-13]

¹THE GOVERNOR ISSUED AN AMENDMENT TO THIS EXECUTIVE ORDER. THE "AMENDED EXECUTIVE ORDER" IS CODIFIED AT 1:2013-42A.