North Dakota issues second emergency in as many months

For the second time in two months, North Dakota officials have issued an emergency providing relief from certain Federal Motor Carrier Safety regulations.

The latest emergency declaration, enacted May 5, pertains to hours of service for drivers of commercial motor vehicles transporting agricultural inputs including dry fertilizer, liquid fertilizer, anhydrous ammonia, pesticides and seed in North Dakota.

Those drivers are granted hours-of-service relief under these conditions:

• All road safety and vehicle compliance regulations still apply and will be fully enforced.
• Nothing in the order shall provide relief from regulations pertaining to qualifications of drivers, driving of commercial motor vehicles or parts and accessories necessary for the safe operation of vehicles.
• Carriers shall not require or allow fatigued drivers to operate a motor vehicle. A driver who informs a carrier they need rest shall be given at least 10 consecutive hours off-duty before the driver is required to return to service.

This order, effective through June 4, applies to intrastate as well as interstate commerce.

Drivers are not required to carry a copy of the declaration.

Emergency still in effect

On April 10, North Dakota issued an emergency providing relief pertaining to weight restrictions on highways and interstates.

That order was enacted due to an increased flooding potential because of record-breaking snowfall and remains in effect through June 30.

Under this emergency, vehicles hauling nondivisible oversize/overweight loads providing relief in affected areas as determined by the North Dakota Department of Transportation director will need to obtain a permit. However, ton-mile fees will be waived.

A copy of this emergency must be carried in physical or electronic form. LL

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