HOURS OF SERVICE - Jan 8 thru Jan 15

An Hours of Service Waiver is in effect as follows:

 

STATE OF NEW YORK

At the Office of the Department of Transportation in the City of Albany on January 8, 2015

PRESENT:

William B. Leonard, Director

Office of Modal Safety and Security

 

CASE 27647 - In the matter of motor carrier compliance with regulations pertaining to hours of service for operators of motor trucks, pursuant to 17 NYCRR 820.6.

 

APPLICATION OF EMPIRE STATE ENERGY ASSOCIATION, NEW YORK PROPANE GAS ASSOCIATION, AND NEW YORK STATE MOTOR TRUCK ASSOCIATION FOR EXCEPTION TO CERTAIN PROVISIONS OF 17 NYCRR 820.6

 

The Empire State Energy Association, New York Propane Gas Association and New York State Motor Truck Association having requested the Department of Transportation to modify certain provisions of 17 NYCRR 820.6, due to below normal temperatures throughout New York causing a spike in demand for propane and distillate fuels and products necessary for the continued operations of power plants.

 

It has been determined that action is necessary to address this emergency situation which could result in a threat to public health and safety and that certain rules should be temporarily modified in order to ensure adequate delivery of propane, distillate fuels; including home heating oil, diesel fuel, kerosene, and jet-fuel; biofuels and residual fuels used for heating application, as transportation fuels, and for power generation and additional products necessary for the continued operations of power plants throughout New York State. Therefore, it is

ORDERED:

 

The following hours of service regulations are modified with respect to the intrastate transportation of propane, distillate fuels and products necessary for the continued operations of power plants performed by motor carriers effective at the beginning of January 8, 2015 and terminating at the end of January 15, 2015 unless otherwise ordered: [emphasis added by NYPGA]

 

(1) Section 820.6 is temporarily modified so that no carrier shall permit or require a driver of a commercial motor vehicle performing intrastate transportation transporting propane, distillate fuels; including home heating oil, diesel fuel, kerosene, and jet-fuel; biofuels and residual fuels used for heating application, as transportation fuels, and for power generation and additional products necessary for the continued operations of power plants throughout New York State, regardless of the number of carriers using the driver's services, nor shall any driver drive for any period after having been on duty more than 72 hours in any seven (7) consecutive days if the employing motor carrier does not operate motor vehicles every day of the week. Any period of (7) seven consecutive days may end with the beginning of any off-duty period of (34) thirty-four or more consecutive hours.

 

(2) Section 820.6 is temporarily modified so that no carrier shall permit or require a driver of a commercial motor vehicle performing intrastate transportation transporting propane, distillate fuels; including home heating oil, diesel fuel, kerosene, and jet-fuel; biofuels and residual fuels used for heating application, as transportation fuels, and for power generation and additional products necessary for the continued operations of power plants throughout New York State, regardless of the number of carriers using the driver's services, nor shall any driver drive for any period after having been on duty more than 84 hours in any eight (8) consecutive days if the employing motor carrier operates motor vehicles every day of the week. Any period of (8) eight consecutive days may end with the beginning of any off-duty period of (34) thirty-four or more consecutive hours.

 

(3) That no motor carrier operating under the terms of this order shall require or allow a fatigue or ill driver to operate a commercial motor vehicle. A driver who informs a motor carrier that he or she is not fit to drive shall be given a minimum of 10 consecutive off-duty hours before the driver may return to service.

 

(4) That all regulations pertaining to Commercial Driver License requirements, Controlled Substances and Alcohol Use and Testing requirements and Financial Responsibility requirements remain in force and effect for all motor carriers and drivers.

 

(5) That motor carriers that have an Out-of-Service Order in effect, or a suspension or revocation of a New York State Certificate as a motor carrier of property, are not eligible to take advantage of the relief from the regulation that this order provides.

By the Office of Modal Safety and Security

William B. Leonard, Director

 

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GOVERNOR'S DECLARATION

NYPGA's Lobbyist Dick Brescia sent this on late last night:

  

The governor has announced the closing of parts of the NYS Thruway as indicated in the higlighted paragraph.  This is in addition to the suspension of the driver hour limitation rules

http://www.governor.ny.gov/news/governor-cuomo-activates-emergency-operations-center-ahead-lake-effect-storm

Governor Cuomo Activates Emergency Operations Center Ahead of Lake Effect Storm

  

Governor Andrew M. Cuomo today activated the New York State Emergency Operations Center in preparation for another strong lake effect winter storm. The storm is forecasted to bring heavy snow, high winds, and bitter cold temperatures, dropping 2 to 3 feet of snow south and east of Buffalo, and at least 3 feet of snow north of Syracuse through Watertown. The rest of the State could see anywhere from 1 to 8 inches of snow. The Governor directed state agencies to prepare resources in response to the expected heavy snowfall, which is expected to start later tonight and last through Saturday afternoon.

 

Governor Cuomo also announced that parts of the New York State Thruway in Western New York will be closed due to extreme winter weather conditions. The mainline Thruway, I-90, between Exit 46 (Henrietta) and Exit 61 (Shortman Road), as well as the Niagara Section, I-190, between I-90 and Exit 16 (I-290), will be closed to tractor trailers at 9PM tonight. Starting at midnight, these same sections will be closed to all traffic. Vehicles traveling westbound on I-90 will be detoured off the roadway at Exit 46 (Henrietta), and all eastbound traffic will be detoured off at Exit 61 (Shortman Road).  All vehicles traveling south on I-190 will be detoured off at Exit 16 (I-290).

 

See the entire release at the link above.