Okla. Admin. Code § 1:2019-23

Current through Vol. 42, No. 4, November 1, 2024
Section 1:2019-23

I, J. Kevin Stitt, 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 etseq., and pursuant to 49 C.F.R. Part 390.23, hereby declare that there is an emergency continuing statewide in the State of Oklahoma due to inclement weather and flooding.

Due to this continuing emergency it is necessary to assist and expedite all efforts of storm relief and recovery. In order to accommodate this need and to provide assistance to the citizens of the State of Oklahoma in this extraordinary situation, I hereby order the temporary suspension of the following as they apply to utility provider vehicles and those vehicles contracted with and for Oklahoma electric utility providers in staging or restoration in the support efforts:

1. The requirements for size and weight permits of oversized vehicles under Title 47 of the Oklahoma Statutes whose sole purpose is the transportation of materials and supplies used for storm recovery;
2. The requirements under Parts 390 through 399 pursuant to part 390.23 of Title 49 of the Federal Motor Carrier Safety Administration Regulations;
3. The requirements for licensing/operating authority as required by the Oklahoma Corporation Commission; and
4. The requirements for licensing/registration authority as required by the Oklahoma Tax Commission.

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 pre-storm staging or immediate restoration of essential electric services. 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 have 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 the 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 Responsibilities 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.

Due to the continuing state of emergency resulting from inclement weather and flooding this order is effective May 24th, 2019, and shall be effective until the end of the thirty (30) days after the filing of this Order.

This Executive Order shall be forwarded to the Oklahoma Corporation Commission, the Oklahoma Tax Commission, and the Commissioner of Public Safety, who shall cause the provisions of the 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 24th Day of May 2019.

BY THE GOVERNOR OF THE

STATE OF OKLAHOMA

J. Kevin Stitt

ATTEST:

Michael Rogers

Secretary of State

Okla. Admin. Code § 1:2019-23

Adopted by Oklahoma Register, Volume 36, Issue 19, June 17, 2019, eff. 5/24/2019