South Dakota issues hours-of-service waiver for fuel haulers

October 27, 2022

SJ Munoz

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South Dakota has issued an emergency order due to low inventories and outages of liquid fuels.

Those liquid products mentioned in the order, signed by Gov. Kristi Noem on Oct. 26, include gasoline, diesel, jet fuel, propane, ethyl alcohol, natural gasoline, diesel exhaust fluid, and anhydrous ammonia.

This executive order provides relief from hours of service (SDCL 49-28A-3 and 49 CFR Parts390 to 399) for drivers delivering these products for agriculture, transportation and heating functions.

The relief from the state and federal requirements that “may unnecessarily delay the transportation of these products” is granted in the interest of public safety and to maintain a reliable supply, the order states.

According to the Argus Leader, South Dakota’s Public Utilities Commission informed customers of potential increased heating expenses this winter.

“The return of normal supply flows to storage terminals in South Dakota is unknown,” says the order.

Nothing in the order requires or allows fatigued drivers to operate a motor vehicle. A driver who informs a carrier that they need immediate rest shall be given adequate rest before the driver is required to return to service, according to the order.

In addition, the order is not an exemption from testing requirements, commercial driver’s license requirements, financial responsibility requirements, applicable size and weight requirements, or any other regulation not specifically mentioned.

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