Emergency declarations issued in Nebraska, Canada

June 8, 2023

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Fuel supply shortages have extended an emergency order in Nebraska waiving state and federal regulations for drivers hauling petroleum products in the state.

The previous order was issued on May 5, and expired June 4.

According to the most recent executive order, signed on June 6, fuel shortages and extended wait times at terminals for fuel haulers persist.

Commercial motor vehicles and motor carriers transporting fuel throughout the state are now provided relief from hours-of-service requirements under Nebraska revised statute 75-363 (3)(i), and CFR 49 part 395 through Sept. 4.

Motor carriers operating under this order are permitted from allowing an ill or fatigued driver to operate a motor vehicle. Drivers that inform a carrier they need immediate rest must be given at least 10 consecutive hours off-duty before being required to return to service.

Drivers operating under the proclamation shall carry a copy of it with them as evidence of their direct support during this emergency.

Nova Scotia emergency

Canadian wildfires have burned 9.4 million acres and counting, forcing thousands to evacuate their homes. In addition, millions of people in Canada and the U.S. remain under air quality alerts.

As part of relief efforts related to the wildfires, Nova Scotia has enacted an order to exempt extra-provincial truck undertakings and their drivers engaged in the transport of essential supplies and equipment related to this emergency.

Prior to the commencement of operations under this exemption, the extra-provincial truck undertaking must follow these requirements:

Notify in writing the provincial hours of service director of the base jurisdiction of its intention to operate under this exemption.
Provide to the provincial hours of service director of the base jurisdiction documentation that will contain the following information: the commercial vehicles that are to be operated, the license plate numbers of those vehicles and the province of issuance, the names of drivers who will operate the commercial vehicles, and the drivers’ driving license numbers and province of issuance.

In addition, commercial drivers must meet the following conditions:

Ensure that there is a mention in the record of duty status that states that the driver is driving under an exemption issued under the Act. Tracking Number – ASF-2023-01E.
Carry a copy of the exemption in the commercial vehicle and make the documents available for inspection by an inspector, immediately upon request.
Not drive if their faculties are impaired by fatigue to the point where it is unsafe to drive.
Take a minimum of eight consecutive hours of off-duty time after the delivery of essential cargo.
Request off-duty time from the extra-provincial truck undertaking, where the driver feels the need for immediate rest.
Understand they may be the subject of a declaration of out of service if the driver operates a commercial vehicle while their ability or alertness is so impaired or so likely to become impaired through fatigue as to make it unsafe for them to begin or continue to operate the commercial vehicle.

The exemption in Nova Scotia is effective through June 12. LL