EXECUTIVE ORDER 26-19

WHEREAS, agriculture is the largest industry in the State of Missouri, and seasonal harvesting operations are presently underway across the State, consuming diesel fuel at their highest annual rate during these months; and

WHEREAS, extraordinary conditions this year have greatly increased input costs such as fertilizer and diesel fuel, thereby making harvesting and transportation of agricultural products severely cost-inefficient and placing an immense economic burden on Missouri producers and livestock haulers; and

WHEREAS, Section 142.932, RSMo, prohibits the operation of motor vehicles on the public highways of this State with red dyed diesel fuel and subjects violators civil penalties, fines, taxes and enforcement actions, which strict enforcement during the present emergency hinders necessary and immediate relief for agricultural operations; and

WHEREAS, Missouri farmers maintain on-farm and on-site storage of dyed diesel fuel for nontaxable off-road agricultural use, and allowing that fuel to be temporarily utilized in motor vehicles on public highways engaged exclusively in agricultural operations will provide immediate fuel availability and economic relief; and

WHEREAS, mitigating these severe economic challenges requires temporary emergency relief, including the suspension of red dye motor vehicle restrictions and adjustment of commercial vehicle weight limitations for agricultural transportation; and

WHEREAS, the Governor’s emergency powers contained in Section 44.100.2(d), RSMo, authorize the Governor to control, restrict, and regulate the use and distribution of fuel during a state of emergency.

NOW, THEREFORE, I, MIKE KEHOE, GOVERNOR OF THE STATE OF MISSOURI, by virtue of the authority vested in me by the Constitution and the laws of the State of Missouri, including section 44.100 RSMo, do hereby declare that a State of Emergency exists in the State of Missouri and order as follows:

  1. Temporary Suspension of Red Dye Diesel Restrictions (Section 142.932, RSMo):
    1. Suspension of Statutory Penalties: The enforcement of motor vehicle fuel restrictions set forth in Section 142.932, RSMo, and any associated statutory penalties, are hereby suspended exclusively for vehicles operating on public highways engaged in agricultural operations.
    2. Authorized Use of Dyed Diesel: Motor vehicles registered for highway use in the State of Missouri may temporarily use dyed diesel fuel provided that such operation is strictly limited to agricultural purposes, including the harvesting, field-to-storage, or market transport of crops, livestock, and agricultural commodities.
    3. Prohibition on State Enforcement Action: No state agency, department, or law enforcement officer shall assess taxes, administrative, civil, or criminal penalties under Section 142.932, RSMo, against any owner or operator operating within the scope of this exemption.
  2. Temporary Increase in Agricultural Allowable Weight Limitations:
    1. Weight Allowance Exemption: Any vehicle combination consisting of a 6-axle configuration with an extreme axle distance of at least 43 feet transporting livestock, grain, timber or other seasonally harvested agricultural products operating from field to storage, market, or stockpile, or from farm storage to market, is hereby authorized to operate up to an absolute maximum gross vehicle weight of 90,000 pounds without the requirement of obtaining a special permit or paying associated permit fees. This maximum limit supersedes the statutory baseline weight and the standard 10% harvest allowance provided under Section 304.180.10, RSMo. Under no circumstances shall the 10% harvest allowance in Section 304.180.10, RSMo, or any other statutory weight tolerance, be applied, added, or stacked on top of this 90,000-pound maximum limit.
    2. Roadway Scope and Interstate Exclusion: This weight allowance applies to all state highways and local roads within Missouri, excluding the Federal Interstate Highway System.
    3. Axle Limits and Bridge Safety Controls: No single axle shall exceed maximum safety thresholds, and all vehicles operating under this order must strictly adhere to posted weight limitations on posted bridges and weight-restricted structures.

This Order shall terminate on October 30, 2026, 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 30th day of September, 2026.

[signature of Michael Kehoe]
MIKE KEHOE
GOVERNOR

ATTEST:

[signature of Denny Hoskins]
DENNY HOSKINS
SECRETARY OF STATE

.pdf version