New York enacts fuel waiver due to winter storm

March 15, 2023

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Extended severe winter weather has affected the supply and delivery for critical transportation as well as winter heating fuels in New York.

According to an emergency order from the Office of the Department of Transportation in the city of Albany, the state DOT is modifying provisions of its hours of service, specifically 17 NYCRR 820.6.

“It has been determined that action is necessary to address this emergency and the threat it poses to public health and safety and that certain rules should be temporarily modified in order to ensure the adequate delivery of these vital commodities,” the order said.

❄️ A strong nor’easter is bringing heavy snow and strong winds to the Northeast. As of 1:30 PM this afternoon, many interior areas have received 1-2 feet of snow. Heavy snow is expected to continue into tonight with widespread additional accumulations of 6-12″ forecast. pic.twitter.com/Pvm3l1xKRv

— NWS Weather Prediction Center (@NWSWPC) March 14, 2023

The New York hours-of-service waiver pertains to the intrastate transportation of fuels by motor carriers throughout the state through March 21.

Under the order the following modifications are in place:

The 70-hour maximum on-duty period in eight days is modified to be 84 hours.
The 60-hour maximum on-duty period in seven days is modified to be 74 hours.
The 14-hour maximum work day is modified to be 16 hours. However, an eight-hour off-duty period must be taken to reset the 16-hour provision.
The 34-hour restart provision is modified to be 24 hours. Carriers may use a 24-hour off-duty period that occurred prior to this order.

On-duty time does not include time spent waiting in a commercial motor vehicle while on the property of a shipper or carrier, loading point, unloading point or terminal immediately subsequent to or preceding loading/unloading operations, said the order.

No motor carrier shall allow an ill or fatigued driver to operate a commercial motor vehicle. A driver who informs a motor carrier they are unfit to drive shall be given a minimum of 10 consecutive off-duty hours before returning to service.

Commercial driver’s license requirements and regulations not mentioned by this order remain in full effect.

A state or federal out-of-service order, suspension or revocation of a New York state certificate as a motor carrier of property prevents a motor carrier or driver from the relief granted by this order. LL