Nebraska, North Dakota Governors Issue HOS Waivers
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A shortened planting season and regional fuel shortages led the governors of Nebraska and North Dakota on May 5 to issue 30-day hours-of-service waivers for truckers.
Citing Nebraska’s ongoing fuel shortages due to high demand for petroleum products, Gov. Jim Pillen issued Executive Order 23-09 to provide emergency relief to residents.
The order temporarily allows drivers to work extended hours to haul diesel, biodiesel, gasoline or gasoline blends, fuel oil, ethanol and propane since fuel transporters are having to wait longer at terminals or travel farther distances to meet state demands.
Drivers operating under the emergency are required to carry a copy of the emergency order with them “as evidence of their direct support” to Nebraska during the temporary emergency, which remains in effect through June 4.
According to Pillen’s office, the order is meant to reduce delays at petroleum product terminals and help deliver fuel faster to consumers.
North Dakota’s late winter storms and record snowfalls have resulted in the state’s farmers seeing a delayed spring season, leaving less time for planting and treating fields.
Now drivers of commercial trucks “must move greater amounts of agricultural inputs in a shorter amount of time to enable producers to complete crop planting and other necessary work to meet the needs of our state,” Gov. Doug Burgum’s Executive Order 2023-06 noted.
Consequently, the state agriculture commissioner requested a waiver of hours-of-service regulations for truckers to ensure all agricultural inputs (such as dry and liquid fertilizer, anhydrous ammonia, pesticides and seeds) are available during the current accelerated spring planting season.
All of North Dakota’s road safety and vehicle compliance regulations remain in force, the emergency directive mentioned.
“Nothing in this order shall be construed to relieve carriers operating under this order from regulations pertaining to qualifications of drivers, driving of commercial motor vehicles, or parts and accessories necessary for the safe operation of vehicles,” Burgum’s order stated.
Both orders stipulate that a driver who needs immediate rest and notifies a motor carrier must be given at least 10 consecutive off-duty hours before returning to service to drive. No motor carrier operating under either emergency order shall require or allow an ill or fatigued driver to operate a motor vehicle.
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