South Dakota, Colorado issue HOS waivers over fuel concerns

Low fuel supplies and/or transportation prompted Colorado and South Dakota to declare separate emergencies providing relief from certain state and federal regulations.

The South Dakota executive order signed by Gov. Kristi Noem, effective until Jan. 15, says propane and heating fuel inventories are extremely low, and the state also is experience outages.

According to the governor’s order, it is unknown when those supplies will return to normal at fuel terminals in South Dakota.

“Drivers of propane and heating fuel transport vehicles are required to deliver propane and heating oil necessary to maintain the supply of this product in order to enable the people of South Dakota to continue normal transportation and heating functions,” Noem wrote in the order. “It is the responsibility of the state to assist the people of South Dakota in meeting problems of mutual concern, and transportation of this product is in demand for transportation and heating needs.”

Under this order, drivers of propane and heating fuel transport vehicles are granted certain relief from SDCL 49-28A-3 as well as 49 CFR Parts 390-399.

However, the order does not provide exemption from controlled substances, alcohol use and testing requirements, commercial driver’s license requirements, financial responsibility, applicable size and weight requirements, or any other regulations not specifically identified.

Colorado order

The Colorado State Patrol approved a temporary exemption regarding hours of service for transport haulers of consumer heating fuels, propane and natural gas.

This exemption is granted through Jan. 31, and it only applies to commercial transporters that are hauling heating fuels, propane and natural gas.

“The Colorado State Patrol recognizes the importance of timely and consistent consumer heating fuel deliveries in Colorado for public safety functions as well as consumer needs,” according to the order signed by Colorado State Patrol Maj. J.P. Burt.

All other applicable state and federal regulations shall apply.

“Should it become apparent that a driver’s ability or alertness is impaired, or is likely to become impaired by fatigue or illness; the driver must not be allowed to drive,” Burt wrote in the order. “In addition, an ill or fatigued driver shall not operate a commercial motor vehicle.” LL

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