Emergency Declaration 19-01
DECLARATION OF EMERGENCY NOTICE
(Title 49 CFR 390.23)
Transportation of Propane Gas
Pursuant to 49 CFR Section 390.23 and Vermont Title 5 VSA 2101, the Vermont Department of Motor Vehicles declares that an emergency exists pertaining to the delivery of bulk propane gas products within the State of Vermont.
The emergency exemption is issued in connection with the disruption of rail shipped propane deliveries to the State of Vermont due to a labor dispute in Canada. It is deemed that a declaration of emergency is required to ensure the continuation of these essential services within the State.
As a result of the emergency conditions, the following Declaration of Emergency is ordered:
1. Relief from the Hours of Service Regulations contained in 49 CFR 395.3 of the Federal Motor Carrier Regulations adopted pursuant to Title 5 VSA 2101, for motor carriers providing delivery of bulk propane gas from distribution points to bulk terminal locations in Vermont. This emergency declaration does not include the transportation from bulk terminal locations to the final consumer.
2. No motor carrier operating under the terms of this declaration shall require or allow a fatigued or ill driver to operate a motor vehicle. A driver who informs a carrier that he or she needs immediate rest shall be given at least ten consecutive hours off-duty before the driver is required to return to service.
3. Motor Carriers that have an Out of Service Order in effect cannot take advantage of the relief from regulations that this declaration provides under Title 49 CFR 390.23.
4. Nothing contained in this declaration shall be construed as an exemption from the Controlled Substances and Alcohol Use and Testing requirements, Commercial Driver’s License requirements, Financial Responsibility requirements, Size and Weight requirements or any other portion of the regulations not specifically identified.
5. Drivers for motor carriers that operate under this Declaration of Emergency Notice must have a copy in their possession.
6. Consistent with Title 49 CFR Part 390.23, the emergency notice will begin on December 6, 2019 at 12:01 A.M. and will remain in effect for the duration of the emergency (as defined in Title 49 CFR 390.5) or 23 days (11:59 P.M., EST December 28, 2019) whichever is less.
7. Upon termination of direct assistance to this emergency relief effort, no motor carrier shall permit or require any driver used by it to drive nor shall any such driver drive in commerce until the driver has met the requirements of §§ 395.3(a), (b) and (c) of this chapter.
Issued at 1:50 P.M. on December 5, 2019.
Wanda Minoli, Commissioner
Vermont Department of Motor Vehicles