Executive Order No. 20-01: Emergency Relief Due to COVID-19 (State of Nebraska)
Summary
Executive Order No. 20-01 of Nebraska Governor Pete Ricketts, dated the 13th day of March, 2020, gives emergency relief to commercial motor vehicles and motor carriers transporting food, supplies and equipment in the COVID-19 pandemic response. Citing 49 CFR part 390.23, it suspends federal and state length and weight hauling requirements, and the hours-of-service requirements in 49 CFR part 395, for the duration of a carrier's assistance in the relief effort, effective March 13th, 2020. Carriers may not require or allow an ill or fatigued driver to operate, and a driver who asks for immediate rest must get at least ten consecutive hours off duty. Drivers must carry a copy of the proclamation, and carriers not directly supporting the response, or under an Out-Of-Service Order, may not use the relief.
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Full text
STATE of NEBRASKA
OFFICE OF THE GOVERNOR
LINCOLN
EXECUTIVE ORDER NO. 20-01
EMERGENCY RELIEF DUE TO COVID-19
WHEREAS, commercia l motor vehicles and motor carriers are engaged in the busin ess of
transporting food, supp lies, and equipment in conjunction with the response to the COVID-19
pandemic; and
WHEREAS, federal and state law determine the length and weight hauling requirem ents for
drivers of commercia l motor vehicles which deliver food, supp li es and equ ipm ent; and
WHEREAS, federal motor carrier safety regulations determine t he number of hours the drivers
of commercia l motor vehicles which deliver food, supplies and equipment may operate; and
WHEREAS, this pandemic may threaten esse ntial public health and safety services if response
operations are disrupted due to interruption s of commercia l motor vehicle hours of service in
the State of Nebraska;
NOW THEREFORE, I, Pete Ricketts, Governor of the State of Nebraska, by virtue of the authority
vested in me by the Co nstitution and laws of Nebraska, find these conditions w ill facilitate the
granting of a waiver from the U.S. Department of Transportation - Federal Motor Carrier Safety
Adm inistration, pursuant to 49 CFR part 390.23 to allow relief fr.om 49 CFR parts 390 through
399. Th ese regulations are hereby suspended through the duration of th e motor carrier's
ass ista nce in the pandemic relief effort, effective March 13th, 2020 and to remain in effect until
May 1st, 2020.
Pursuant to this declaration, I hereby order the following:
1. The length and weight hauling requirements of federal and state law are hereby
suspended through the duration of the motor carrier's assistanc~ in the pandemic relief
effort.
2. Hours of Se rvice of Drivers requireme nts found in 49 CFR part 395 are hereby
suspend ed, subject to the limitations described below, therefore allowing haulers of food ,
supplies and equipment to operate addition al hours.
3. No motor carrier operatin g under the terms of this order sha ll require or allow an ill or
fatigued driver to operate a motor ve hicle. A driver who notifies a motor carrier that he
or she needs immediate rest shall be given a least ten (10) consecutive hour's off-duty
before the driver is required to return to service.
4. Drivers operating under this order sha ll carry a copy of the proclamation with them as
evidence of their direct support to the State of Nebraska during this emergency period.
5. Motor carriers that are not directly supporting pandemic response efforts in the State
of Nebraska, or that have an Out-Of-Service Order in effect, may not take advantage of
the relief from regulation that such a declaration provides under 49 CFR 390.23,
IN WITNESS THEREOF, I have hereunto set my hand and caused the Great Sea l of the State of
Nebraska to be affixed on this 13th day of March, 2020.
ATTEST:
• Pete Ricketts; Governor
State of Nebraska
Robert B. Evnen, Secretary of State
State of Nebraska
File and source
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- ne-gov-eo-20-01-emergency-relief-covid19.pdf
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- Original
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