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Just as we were going to press mid-afternoon on Friday, NYPGA lobbyist Dick Bresica informed us of the following:
HOURS OF SERVICE RELIEF HAS BEEN GRANTED THRU JAN. 31 IN Bronx, Brooklyn, Dutchess, Nassau, New York, Orange, Queens, Richmond, Rockland, Ulster and Westchester Counties.
The declaration text is as follows:
STATE OF NEW YORK
DEPARTMENT OF TRANSPORTATION
ALBANY, NEW YORK 12232
At the Office of the Department of Transportation in the City of Albany on January 23, 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.
AUTHORIZING EXCEPTIONS TO 17 NYCRR 820.6 DUE TO WINTER WEATHER ADVISORIES AND EXTENDED BELOW NORMAL TEMPERATURES IN THE HUDSON VALLEY AND METROPOLITAN REGIONS OF NEW YORK
Due to extended below normal temperatures and winter weather advisories in the Hudson Valley and Metropolitan Region of New York, it has been determined that action is necessary to address this potential emergency situation which could result in a threat to public health and safety in Bronx, Brooklyn, Dutchess, Nassau, New York, Orange, Queens, Richmond, Rockland, Ulster and Westchester Counties and that certain rules should be temporarily modified in order to ensure the adequate delivery of propane and distillate fuels for transportation and heating purposes as well as products necessary for the continued operations of power plants.
It has been determined that action is necessary to address this potential 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 in Bronx, Brooklyn, Dutchess, Nassau, New York, Orange, Queens, Richmond, Rockland, Ulster and Westchester Counties.
Therefore, it is
ORDERED:
Pursuant to 17 NYCRR 820.12, 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 23, 2015 and terminating at the end of January 31, 2015 unless otherwise ordered:
(1) Section 820.6 is temporarily modified so that no motor carrier shall permit or require a driver of a commercial motor vehicle performing intrastate transportation in Bronx, Brooklyn, Dutchess, Nassau, New York, Orange, Queens, Richmond, Rockland, Ulster and Westchester Counties 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, 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 motor carrier shall permit or require a driver of a commercial motor vehicle performing intrastate transportation in Bronx, Brooklyn, Dutchess, Nassau, New York, Orange, Queens, Richmond, Rockland, Ulster and Westchester Counties 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, 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
NYPGA members may contact NYPGA with any questions about this declaration.
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