Okla. Admin. Code § 1:2016-10

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

Section 1:2016-10

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. §§ 683.1 et seq., and pursuant to 49 C.F.R. Part 390.23, hereby declare that because there is a State of Emergency continuing in the State of Oklahoma. Due to drought conditions and severe wildfires occurring across the state, it is necessary to assist and expedite all efforts of wildfire relief. In order to accommodate this need and to provide assistance to the citizens of the State Oklahoma in this extraordinary situation, I hereby order the temporary suspension of the following as they apply to vehicles as they apply to vehicles in the support efforts:

1. The requirements for size and weights permits to oversized vehicles under Title 47 whose sole purpose is transportation of materials and supplies used for wildfire relief;

2. The requirements under parts 390 through 399 pursuant to part 390.23 of Federal Motor Carriers Safety Administration Regulations;

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

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

Due to the on-going State of Emergency resulting from the drought conditions and wildfires that began March 21, 2016, and are continuing, this Executive Order shall be effective until the end of thirty (30) days after the filing of this Executive Order.

Declaration of this emergency provides relief 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 feed, 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.

Copies of this Executive Order shall be distributed to the Oklahoma Corporation Commission, the Oklahoma Tax Commission, and the Commission of Public Safety, who shall cause the provisions of this order to be implemented by all appropriate agencies of state government.

IN WITNESS WHEREOF, I have set my hand and caused the Great Seal of the State of Oklahoma to be affixed at Oklahoma City, Oklahoma, this 6th day of April 2016.

BY THE GOVERNOR OF THE STATE OF OKLAHOMA

Mary Fallin

ATTEST:

Chris Benge

Secretary of State

Okla. Admin. Code § 1:2016-10

Adopted by Oklahoma Register, Volume 33, Issue 16, May 2, 2016, eff. 4/6/2016