Florida, Kentucky issue emergencies due to tropical storm

November 11, 2022

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Florida and Kentucky have issued separate emergency orders providing certain relief for commercial motor vehicles due to damages from Tropical Storm Nicole.

The storm made landfall as a hurricane south of Vero Beach, Fla., with high winds, heavy rain and coastal flooding.

As a result, Florida issued an emergency for 34 counties effective until Dec. 7 that waives registration, hours of service, IFTA, IRP, and additional requirements and fees for commercial motor vehicles entering the state to provide “emergency services or supplies, to transport emergency equipment supplies, or personnel, or to transport FEMA mobile homes or office style mobile homes into or from Florida.”

There are caveats:

Motor carriers or drivers subject to a current out-of-service order are not eligible for the relief granted by this emergency until that order is rescinded by the applicable jurisdiction.
Drivers operating under this declaration must maintain a copy of it in their possession.
Upon termination of assistance to the emergency relief effort, a driver may not return to service until meeting the requirements of 49 CFR § 395.3, 49 CFR § 395.5 for interstate commerce and section 316.302, Florida Statutes, for intrastate commerce.

Earlier this week, Florida issued an order allowing certain response vehicles to bypass weigh stations.

Kentucky emergency

Under the declaration in Kentucky, registration requirements have been suspended and an exemption is in place for hours of service as well as stopping at weigh stations through Dec. 7.

“Several states may suffer considerable damage and economic loss from storm winds and flooding due to changes in the weather pattern,” according to the emergency declaration.

Commercial vehicles providing power restoration and debris removal within the affected areas are specifically covered under the Kentucky declaration.

All other requirements not waived by this emergency shall remain in effect, and any driver operating under its authority shall have a copy of it in the cab of the vehicle. LL