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Reynolds extends pandemic proclamation which includes trucking provisions

Reynolds extends pandemic proclamation which includes trucking provisions

Governor Reynolds signed a new proclamation continuing the Public Health Disaster Emergency for another 30 days.

The proclamation now remains in effect until 11:59 p.m. on Sunday, October 18, 2020.

 The full proclamation is online in its entirety and the relevant transportation and trucking provisions are as follows:

CRITICAL TRUCKING OPERATIONS

SECTION ONE HUNDRED TWENTY.  Pursuant to Iowa Code § 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 321.463 (6) (a) and (b) and 321E.29 and Iowa Admin. Code chapter 761-511, to the extent that those provisions restrict the movement of oversize and overweight loads of vaccines, antivirals, prescription drugs, protective equipment, other necessary medical assets food, medical supplies, cleaning products, other household goods, agricultural supplies and commodities (including, but not limited to, livestock, raw milk, and crop supplies), agricultural waste (including, but not limited to, animal carcasses), or any other goods and supplies necessary to respond to this public health disaster and its economic effects and require a permit to transport such loads.

A. Suspension of these provisions applies to loads transported on all highways within Iowa, excluding the interstate system, and those which do not exceed a maximum of 90,000 pounds gross weight, do not exceed the maximum axle weight limit determined under the non-primary highway maximum gross weight table in Iowa Code §321.463 (6) (b), by more than twelve and one-half percent (12.5%), do not exceed the legal maximum axle weight limit of 20,000 pounds, and comply with posted limits on roads and bridges.

B. This action is intended to allow vehicles transporting food, medical supplies, cleaning products, and other household goods to be oversize and overweight, not exceeding 90,000 pounds gross weight, without a permit, but only for the duration of this proclamation.

SECTION ONE HUNDRED TWENTY-ONE.  Pursuant to Iowa Code § 29C.6(6) and 49 CFR § 390.23, I continue to  temporarily suspend the regulatory provisions of Iowa Code § 321.449 pertaining to hours of service of motor carriers and drivers of commercial motor vehicles, while transporting vaccines, antivirals, prescription drugs, protective equipment, other necessary medical assets food, medical supplies, cleaning products, other household goods, agricultural supplies and commodities (including, but not limited to, livestock, raw milk, and crop supplies), agricultural waste (including, but not limited to, animal carcasses), and any other goods and supplies necessary to respond to this public health disaster and its economic effects subject to the following condition:

A.   Nothing contained in this Proclamation shall be construed as an exemption from the controlled substances and alcohol use and testing requirements set out in 49 CFR Part 382, the commercial drivers’ license requirements set out in 49 CFR Part 383, the financial responsibility requirements set out in 49 CFR Part 387, or any other portion of the Code of Federal Regulations not specifically identified in this Proclamation.

B.                  No motor carrier operating under the terms of this agreement shall require or allow a fatigued or ill driver to operate a motor vehicle.  A driver who informs a carrier that he or she needs immediate rest shall be given at least ten consecutive hours off duty before the driver is required to return to service.

C.   Upon the request of a driver, a commercial motor carrier operating under this proclamation must give the driver at least thirty-four (34) consecutive hours off when the driver has been on duty for more than seventy (70) hours during any eight (8) consecutive days.

D.   Motor carriers that have an out-of-service order in effect may not take advantage of the relief from regulations that this proclamation provides under title 49 CFR § 390.23.

E.                  Upon the expiration of this Proclamation, or when a driver has been relieved of all duty and responsibility to transport necessary medical assets under the conditions of this Proclamation, a driver who has had at least thirty-four (34) consecutive hours off duty shall be permitted to start the driver’s on-duty status hours with the 60/70 hour clock at zero.

F.                   This portion of this Proclamation of Disaster Emergency applies only to hours of service of motor carriers and drivers of commercial motor vehicles while actively transporting the items identified in this section for the duration of this proclamation related to the COVID-19 event.

SECTION ONE HUNDRED TWENTY-TWO.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code §§ 321.463(3), 321E.2, 321E.8, and 321E.9 that limit issuance of permits for oversize or overweight loads to loads which are indivisible, to allow annual permits issued under Iowa Code § 321E.8 and single-trip permits issued under § 321E.9 to be issued for loads which are divisible and related to responding to and recovering from this disaster. I further waive for vehicle and loads, whether divisible or indivisible, the regulatory provisions of Iowa Code § 321E.12 that require the vehicle traveling under a permit to be registered for the gross weight of the vehicle and load and the regulatory provisions of Iowa Code § 321E.14 that require the payment of a fee for a permit issued for a vehicle and load related to responding to and recovering from this disaster. The provisions of this paragraph apply only when the movement of the vehicle and load is related to responding to and recovering from this disaster. The movement of any vehicle or load under this paragraph must comply with all other requirements of Chapter 321E of the Iowa Code and of the permit issued, other than as suspended in this proclamation. The provisions of this paragraph relating to the permitting and movement of divisible loads authorize the movement of such loads on all highways of this state, excluding the interstate system.

SECTION ONE HUNDRED TWENTY-THREE.  The Iowa Department of Transportation is hereby directed to monitor the operation of this proclamation to assure the public’s safety and facilitate the movement of trucks involved in transporting vaccines, antivirals, prescription drugs, protective equipment, other necessary medical assets food, medical supplies, cleaning products, other household goods, agricultural supplies and commodities (including, but not limited to, livestock, raw milk, and crop supplies).

MOTOR VEHICLE LICENSING AND REGISTRATION RELIEF

SECTION ONE HUNDRED TWENTY-FOUR.  Pursuant to Iowa Code § 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 321.196 prescribing that a driver’s license issued to a person age seventy-two or older expires after two years and that other licenses expire after eight years.  Suspension of this provision is limited to driver’s licenses which have expired within the 60 days prior to the declaration of this public health disaster emergency or during the duration of this Proclamation or any subsequent extension of this suspension. And upon the expiration of the terms of this Proclamation or any subsequent extension of this suspension, the statutory sixty-day period for renewing shall resume. This suspension shall not apply if the person is not eligible for a license due to the person’s license being suspended, revoked, denied or barred for any reason or if the person is physically or mentally incapable of operating a motor vehicle safely.

SECTION ONE HUNDRED TWENTY-FIVE.  Pursuant to Iowa Code § 29C.6 (6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 321.174A prescribing that a person shall not operate a motor vehicle on the highways of this state with an expired driver’s license as applied to a person whose driver’s license is expired and Iowa Code § 321.1. Suspension of this provision is limited to driver’s licenses which have expired within the 60 days prior to the declaration of this public health disaster emergency or during the duration of this Proclamation or any subsequent extension of this suspension. And upon the expiration of the terms of this Proclamation or any subsequent extension of this suspension, the statutory sixty-day period for renewing shall resume.

SECTION ONE HUNDRED TWENTY-SIX.  Pursuant to Iowa Code § 29C.6(6), I continue to temporarily suspend the regulatory provisions of Iowa Code § 326.14 prescribing a late filing penalty for renewals under the International Registration Plan and prescribing an enforcement deadline for the failure to display a registration plate and registration.  Suspension of this provision is limited to renewals that have expired during the duration of this public health disaster emergency or any subsequent extension of this suspension.



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