WHEREAS, unseasonal cold temperatures and demand for residential heating fuel such as propane, natural gas, and heating oil continues to rise and must be transported on Missouri highways to ensure sufficient supply in the central United States; and
WHEREAS, a massive public and private response is required to provide immediate emergency assistance and continuing emergency relief to residents and businesses in need of such services; and
WHEREAS, the State of Missouri is currently in a state of emergency within the meaning of Title 49, Code of Federal Regulations Section 390.23; and
WHEREAS, a temporary suspension of current regulations on maximum driving times is critical to the safety and welfare of the citizens of the State of Missouri, in order to ensure that operators of commercial motor carriers who are assisting in the aforementioned emergency efforts within the State of Missouri can meet this emergency need for transportation of residential heating fuel.
NOW THEREFORE, I, MIKE PARSON, GOVERNOR OF THE STATE OF MISSOURI, by virtue of the authority vested in me by the Constitution and laws of the State of Missouri, hereby declare a state of emergency and order vehicles used in support of the aforementioned efforts be exempt from the hours of service requirements in Title 49, Code of Federal Regulations, Parts 390 through 399, as incorporated in state law, including but not limited to sections 307.400, 390.201, and 622.550, RSMo, for the duration of this Order.
This order applies only to residential heating fuel such as propane, natural gas, and heating oil. No other petroleum products or other fuels are covered by the exemption and suspension under this Order.
Nothing in this Order shall be construed as an exemption from applicable controlled substances and alcohol use and testing requirements found in 49 CFR Part 382, the commercial driver's license requirements found in 49 CFR Part 383, the financial responsibility requirements found in 49 CFR Part 387, applicable size and weight requirements, or any portion of Federal and State regulations not specifically identified. Additionally, nothing in this Order shall require or allow an ill or fatigued driver to operate a commercial motor vehicle, as indicated in Title 49 CFR 390.23(b). Motor carriers or drivers currently subject to an out-of-service order are not eligible for the exemption and suspension until the out-of-service order expires or the conditions for rescission have been satisfied.
The effective date of this Executive Order shall begin on February 11, 2021, and such Executive Order shall continue in effect until February 21, 2021, unless extended in whole or in part.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 11th day of February, 2021.
[Michael L. Parson’s signature]
MICHAEL L. PARSON
[Jay Ashcroft’s signature]
JOHN R. ASHCROFT
SECRETARY OF STATE