North Carolina Governor Roy Cooper has signed two executive orders declaring a state of emergency in North Carolina in preparation for Hurricane IRMA. Copies of both are included below in the interest of transparency.
In case you or your family has no safety plan for flooding situations, Macon MEdia maintains a Severe Weather Preparedness Page that may contain useful information. [LINK]
The Executive Orders:
ROY COOPER
GOVERNOR
September 6, 2017
EXECUTIVE ORDER NO. 20
DECLARATION OF A STATE OF EMERGENCY
BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA
Section 1.
I hereby declare, pursuant to N.C.G.S. § 166A—l9.20, that a state of emergency as defined in N.C.G.S. §§ 166A-l9.3(6) and 166A-19.3(l9) exists in the State of North Carolina due to the approach and potential impacts from Hurricane Irma.
The emergency area as defined in N.C.G.S. §§ 166A-19.3(7) and N.C.G.S. 166A-19.20(b) is the State of North Carolina.
Section 2.
I order all state and local government entities and agencies to cooperate in the implementation of the provisions of this declaration and the provisions of the North Carolina Emergency Operations Plan.
Section 3.
I delegate to Erik A. Hooks, the Secretary of Public Safety, or his designee, all power and authority granted to me and required of me by Article 1A of Chapter 166A of the General Statutes for the purpose of implementing the State’s Emergency Operations Plan and deploying the State Emergency Response Team to take the appropriate actions as is necessary to promote and secure the safety and protection of the populace in North Carolina.
Section 4.
Further, Secretary Hooks, as chief coordinating officer for the State of North Carolina, shall exercise the powers prescribed in G. S.§ 143B-602.
Section 5.
I further direct Secretary Hooks or his designee, to seek assistance from any and all agencies of the United States Government as may be needed to meet the emergency and seek reimbursement for costs incurred by the State in responding to this emergency.
Section 6.
I hereby order this declaration:
(a) to be distributed to the news media and other organizations calculated to bring its contents to the attention of the general public;
(b) unless the circumstances of the state of emergency prevent or impede, to be promptly filed with the Secretary of Public Safety, the Secretary of
State, and the clerks of superior court in the counties to which it applies; and (c) to be distributed to others as necessary to assure proper implementation of this declaration.
Section 7.
This declaration does not prohibit or restrict lawfully possessed firearms or ammunition or impose any limitation on the consumption, transportation, sale or purchase of alcoholic beverages as provided in N.C.G.S. § 166A-19.30(c).
Section 8.
Pursuant to N.C.G.S. § 166A-19.23, this declaration triggers the prohibition against excessive pricing as provided in N.C.G.S. § 75-37 and 75-38 in the declared emergency area.
Section 9.
This declaration is effective at 8:00 am. on September 7, 2017, and shall remain in effect until rescinded.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this 6th day of September in the year of our Lord two thousand and seventeen.
/Roy Cooper/
Governor
ATTEST:
Elaine F. ar hall
Secretary of State
ROY COOPER
GOVERNOR
September 6, 2017
EXECUTIVE ORDER NO. 21
TEMPORARY SUSPENSION 0F MOTOR VEHICLE REGULATIONS
TO ENSURE
RESTORATION OF UTILITY SERVICES
AND TRANSPORTING ESSENTIALS
WHEREAS, due to the approach and potential impacts of Hurricane Irma, vehicles bearing equipment and supplies for utility restoration and debris removal, carrying essentials such as food and medicine, transporting livestock and poultry and feed for livestock and poultry or crops ready to be harvested need to be moved on the highways of North Carolina; and
WHEREAS, Hurricane Irma may have major impacts to the states of Florida, Georgia and South Carolina; and
WHEREAS, many states and organizations will be supporting emergency relief efforts to Florida, Georgia and South Carolina and those vehicles
transporting those emergency relief supplies and services will be traveling through North Carolina; and
WHEREAS, I have declared that a state of emergency as defined in N.C.G.S. §§ 166Al9.3(6), l66A—l9.3(l9) and 166A—19.20 exists due Hurricane Irma and its likely impact in this State; and
WHEREAS, the uninterrupted supply of electricity, fuel oil, diesel oil, gasoline, kerosene, propane, liquid petroleum gas, food, water, livestock and poultry feed, and medical supplies to residential and commercial establishments is essential before, during and after Hurricane Irma impacts
North Carolina and any interruption in the delivery of those commodities threatens the public welfare; and
WHEREAS, the prompt restoration of utility services to citizens is essential to their safety and well-being; and
WHEREAS, under the provisions of N.C.G.S. § l66A-l9.30(b)(3) the Governor, with the concurrence of the Council of State, may regulate and control the flow of vehicular traffic and the operation of transportation services; and
WHEREAS, with the concurrence of the Council of State, I have found that vehicles bearing equipment and supplies for utility restoration, carrying essentials and for debris removal from the impacts of Hurricane Irma must adhere to the registration requirements of N.C.G.S. § 20-86.l and 20-382, fuel tax requirements of N.C.G.S. §§ 105-44945, 105-44947, and 105-44949, and the size and weight requirements of N.C.G.S. §§ 20—116, 20—118 and 20-119. I have further found that citizens in this North Carolina, Florida, Georgia and South Carolina may suffer losses and will likely suffer further widespread damage within the meaning of N.C.G.S § 166Al9.3(3) and N.C.G.S. § l66A-19.21(b); and
WHEREAS, pursuant to N.C.G.S. § l66A-l9.70(g) on the recommendation of the Commissioner of Agriculture, upon a finding that there is an imminent threat of severe economic loss of livestock, poultry or crops ready to be harvested, the Governor shall direct the Department of Public Safety to temporarily suspend weighing those vehicles used to transport livestock, poultry or crops; and
WHEREAS, 49 C.F.R. § 390.23 allows the Governor of a state to suspend the rules and regulations under 49 C.F.R. Parts 390—399 for up to thirty (30) days if the Governor determines that an emergency condition exists; and
WHEREAS, under N.C.G.S. § l66A-l9.70, the Governor may declare that the health, safety, or economic well-being of persons or property requires that the maximum hours of service for drivers prescribed by N.C.G.S. § 20-381 should be waived for persons transporting essential fuels, food, water, medical supplies, feed for livestock and poultry, transporting livestock, poultry, or crops ready to be harvested and for vehicles used in the restoration of utility services.
NOW, THEREFORE, pursuant to the authority vested in me as Governor by the
Constitution and the laws of the State of North Carolina, IT IS ORDERED:
Section 1.
The North Carolina Department of Public Safety in conjunction with the North Carolina Department of Transportation shall waive the maximum hours of service for drivers prescribed by the Department of Public Safety pursuant to N.C.G.S. § 20-381.
Section 2.
The North Carolina Department of Public Safety in conjunction with the North Carolina Department of Transportation shall waive certain size and weight restrictions and penalties arising under N.C.G.S. §§ 20-116, 20-118 and 20-119, and certain registration requirements and penalties arising under N.C.G.S. §§ 20-86.] and 20-382, and certain registration and filing requirements and penalties arising under N.C.G.S. §§ 105-44945, 105-44947, and 105-44949 for vehicles transporting equipment and supplies for the restoration of utility services, carrying essentials and for equipment for any debris removal. The Department of Public Safety shall temporarily suspend weighing pursuant to N.C.G.S. § 20-1181 vehicles used to transport livestock, poultry or crops ready to be harvested in the emergency area.
Section 3.
Notwithstanding the waivers set forth above, size and weight restrictions and penalties have not been waived under the following conditions:
a. When the vehicle weight exceeds the maximum gross weight criteria established by the manufacturer (GVWR) or 90,000 pounds gross weight, whichever is less.
b. When the tandem axle weight exceeds 42,000 pounds and the single axle weight exceeds 22,000 pounds.
c. When a vehicle and vehicle combination exceeds 12 feet in width and a total overall vehicle combination length of 75 feet from bumper to bumper.
1. Vehicles and vehicle combinations subject to exemptions or permits by authority of this Executive Order shall not be exempt from the requirement of having a yellow banner on the front and rear measuring a total length of 7 feet by 18 inches bearing the legend “Oversized Load” in 10-inch black letters 1.5 inches wide and red flags measuring 18 inches square to be displayed on all sides at the widest point of the load. In addition, when operating between sunset and sunrise, a certified escort shall be required for loads exceeding 8 feet 6 inches in width.
Section 4.
Vehicles referenced under Sections 2 and 3 shall be exempt from the following registration requirements:
a. The requirement to obtain a temporary trip permit and pay the associated $50.00 fee listed in N.C.G.S. § 105—449.49 is waived for the vehicles described above. No filing of a quarterly fuel tax return is required because the exemption in N.C.G.S. § 105-449.45(b)(1) is recognized.
b. The registration requirements under N.C.G.S. § 20-382.1 concerning intrastate and N.C.G.S. § 20-382 concerning interstate for-hire authority is waived; however, vehicles shall maintain the required limits of insurance as required.
c. Non-participants in North Carolina’s International Registration Plan and International Fuel Tax Agreement will be permitted into North Carolina
in accordance with the exemptions identified by this Executive Order.
Section 5.
The size and weight exemption for vehicles will be allowed on all routes designated by the North Carolina Department of Transportation, except those routes designated as light traffic roads under N.C.G.S. § 20-118. This order shall not be in effect on bridges posted pursuant to N.C.G.S. § 136—72.
Section 6.
The waiver of regulations under Title 49 of the Code of Federal Regulations (Federal Motor Carrier Safety Regulations) does not apply to the Commercial Driver’s License and Insurance Requirements. This waiver shall be in effect for thirty (30) days or the duration of the emergency, whichever is less.
Section 7.
The North Carolina State Highway Patrol shall enforce the conditions set forth in Sections 1 through 6 of this Executive Order in a manner which will implement these provisions without endangering motorists in North Carolina.
Section 8.
Upon request by law enforcement officers, exempted vehicles must produce documentation sufficient to establish their loads are being used for bearing equipment and supplies for utility restoration, debris removal, carrying essentials in commerce, carrying feed for livestock and poultry, or transporting livestock and poultry, or crops ready to be harvested in the State of North Carolina.
Section 9.
This Executive Order does not prohibit or restrict lawfully possessed firearms or ammunition or impose any limitation on the consumption, transportation, sale or purchase of alcoholic beverages as provided in N.C.G.S. § l66A-l9.30(c).
Section 10.
Pursuant to N.C.G.S. § l66A-19.23, this declaration triggers the prohibition against excessive pricing as provided in N.C.G.S. § 75-37 and 75—38 in the declared emergency area.
Section 11.
This Executive Order is effective at 8:00 am. on September 7, 2017 and shall remain in effect for thirty (30) days or the duration of the emergency, whichever is less.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this 6th day of September in the year of our Lord two thousand and seventeen.
/ Roy Cooper/
Governor
ATTEST:
Elaine F. Marsgall E
Secretary of State
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Published at 2:35 am on September 7, 2017
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