January 9, 2025
Executive Order No. 7
Declaration of a State of Emergency and
Temporary Suspension of Motor Vehicle Regulations
Whereas, current weather projections indicate that a winter storm is anticipated to hit the State of North Carolina on or about January 10 – 11, 2025, causing significant impacts; and
Whereas,the projected winter storm will likely damage public and private property and seriously disrupt essential utility services and systems; and
Whereas, the projected winter storm constitutes a state of emergency as defined in N.C. Gen. Stat. §§ 166A-19.3(6) and 166A-19.3(19); and
Whereas, the projected winter storm is likely to impact, and thereby create a state of emergency throughout, the entire state; and
Whereas, certain measures are necessary to ensure the protection and safety of North Carolina residents and to coordinate the emergency response among state and local entities and officials; and
Whereas, the need to prepare for and respond to the winter storm as western North Carolina continues to recover from Hurricane Helene (“Helene”) requires increased planning and preparation to protect public health and public safety in North Carolina; and
Whereas, N.C. Gen. Stat. § 166A-19.1(3) provides that it is the responsibility of the Governor to “provide for the rapid and orderly rehabilitation of persons and restoration of property”; and
Whereas, N.C. Gen. Stat. § 166A-19.1(4) provides that it is the responsibility of the Governor, state agencies, and local governments to “provide for cooperation and coordination of activities relating to emergency mitigation preparedness, response, and recovery among agencies and officials of this state and with similar agencies and officials of other states and with other private and quasi-official organizations”; and
Whereas, N.C. Gen. Stat. §§ 166A-19.10 and 166A-19.20 authorize the Governor to declare a state of emergency and exercise the powers and duties set forth therein to direct and aid in the response to, recovery from, and mitigation against emergencies; and
Whereas, the projected winter storm may result in extensive damage, including widespread power outages throughout the State that will require the vehicles bearing equipment and supplies for utility restoration and debris removal to be moved through North Carolina on the interstate and intrastate highways; and
Whereas, the uninterrupted supply of electricity, fuel oil, diesel oil, gasoline, kerosene, propane, liquid petroleum gas, food, water, and medical supplies to residential and commercial establishments is essential before, during, and after the projected winter storm and any interruption in the delivery of those commodities threatens the public welfare; and
Whereas, the prompt restoration of utility services is essential to the safety and well-being of the State’s residents; and
Whereas, N.C. Gen. Stat. § 166A-19.10(3) authorizes the Governor to delegate any authority vested in him under the Emergency Management Act, and to provide for the subdelegation of that authority; and
Whereas, under N.C. Gen. Stat. § 166A-19.30(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, under N.C. Gen. Stat. § 166A-19.30(b)(4), the Governor, with the concurrence of the Council of State, may waive a provision of any regulation or ordinance of a state agency which restricts the immediate relief of human suffering; and
Whereas, the Governor has found that residents may suffer losses and further widespread damage within the meaning of N.C. Gen. Stat. §§ 166A-19.3; 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, nothing contained in this declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver’s license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), operating authority (49 CFR Part 365), applicable size and weight requirements, ill or fatigued operator (49 CFR § 392.3) or any other portion of the regulations not specifically identified; and
Whereas, pursuant to N.C. Gen. Stat. § 166A-19.70(g), upon the recommendation of the North Carolina Commissioner of Agriculture and the existence of an imminent threat of severe economic loss of livestock, poultry, or crops ready to be harvested, the Governor shall direct the North Carolina Department of Public Safety (“DPS”) to temporarily suspend weighing vehicles used to transport livestock, poultry or crops ready to be harvested; and
Whereas, pursuant to N.C. Gen. Stat. § 166A-19.70, the Governor may declare that the health, safety, or economic well-being of persons or property requires the maximum hours of service for drivers prescribed by N.C. Gen. Stat. § 20-381 should be waived for (1) persons transporting essential fuels, food, water, non-alcoholic beverages, medical supplies, feed for livestock and poultry, (2) persons transporting livestock, poultry, and crops ready to be harvested, and (3) vehicles used in the restoration of utility and transportation services; and
Whereas, this suspension does not permit the gross weight of any vehicle or combination to exceed the safe load-carrying capacity established by the North Carolina Department of Transportation (“DOT”) on any bridge pursuant to N.C. Gen. Stat. § 136-72, or to permit the operation of a vehicle when a law enforcement officer has probable cause to believe the vehicle is creating an imminent hazard to public safety.
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.
I hereby declare that a state of emergency, as defined in N.C. Gen. Stat. § 166A-19.3(6) exists in the State of North Carolina due to the anticipated impacts of the winter storm.
For purposes of this Executive Order, the emergency area is the entire State of North Carolina (“the Emergency Area”).
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 (“the Plan”).
I delegate to the Secretary of DPS (“the Secretary”), or his designee, all power and authority granted to and required of me by Article 1A of Chapter 166A of the North Carolina General Statutes to implement the Plan and deploy the State Emergency Response Team to take the appropriate actions necessary to promote and secure the safety and protection of the populace in North Carolina.
The Secretary, as Chief Coordinating Officer for the State of North Carolina, shall exercise the powers prescribed in N.C. Gen. Stat. § 143B-602.
Section 3.
I further direct the Secretary, or his designee, to seek assistance from any agencies of the United States Government as may be needed to meet the emergency and to seek reimbursement for costs incurred by the state in responding to this emergency.
Section 4.
DPS, in conjunction with the North Carolina Department of Transportation (“DOT”), shall waive the maximum hours of service for drivers prescribed by DPS pursuant to N.C. Gen. Stat. § 20-381 for (1) persons transporting essential fuels, food, water, non-alcoholic beverages, medical supplies, feed for livestock and poultry; (2) persons transporting livestock, poultry, and crops ready to be harvested; or (3) vehicles used in the restoration of utility and transportation services. In addition, DPS shall, pursuant to N.C. Gen. Stat. § 166A-19.70(g), temporarily suspend weighing pursuant to N.C. Gen. Stat. § 20-118.1 vehicles used to transport livestock, poultry, livestock or poultry feed, or crops ready to be harvested.
Section 5.
With the Concurrence of the Council of State, and subject to Section 8 below, DPS, in conjunction with DOT, shall waive enforcement of certain size and weight restrictions and penalties arising under N.C. Gen. Stat. §§ 20-116, 20-118, and 20-119, certain registration requirements and penalties arising under N.C. Gen. Stat. §§ 20-86.1 and 20-382, and certain registration and filing requirements and penalties arising under N.C. Gen. Stat. §§ 105-449.45, 105-449.47, and 105-449.49 for vehicles supporting emergency relief efforts in the Emergency Area.
Section 6.
Notwithstanding the waivers set forth above, size and weight restrictions and penalties have not been waived under the following conditions:
Section 7.
With Council of State Concurrence, vehicles covered by Sections 5 of this Executive Order shall be exempt from the following registration requirements, except where otherwise noted below:
Section 8.
The size and weight exemption for vehicles covered by Section 5 of this Executive Order will be allowed on all DOT-designated routes, except those routes designated as light traffic roads under N.C. Gen. Stat. § 20-118. Size and weight exemptions shall not be in effect on bridges posted pursuant to N.C. Gen. Stat. § 136-72.
Section 9.
The North Carolina State Highway Patrol shall enforce the provisions set forth in Sections 4 through 8 of this Executive Order in a manner that does not endanger North Carolina motorists.
Section 10.
Pursuant to 49 C.F.R. § 390.23, I hereby waive 49 C.F.R. § 395.3 for vehicles transporting loads that are for use in (1) providing direct assistance supporting emergency relief efforts including transporting essential fuels, food, water, non-alcoholic beverages, medical supplies, feed for livestock and poultry; (2) transporting livestock, poultry, and crops ready to be harvested; or (3) the restoration of utility and transportation services in response to the winter storm in North Carolina and affected states for 14 days.
Upon request by law enforcement officers, exempted vehicles must produce documentation sufficient to establish that their loads are for use in providing direct assistance supporting emergency relief efforts including transporting loads that are for use in (1) providing direct assistance supporting emergency relief efforts including transporting essential fuels, food, water, non-alcoholic beverages, medical supplies, feed for livestock and poultry; (2) transporting livestock, poultry, and crops ready to be harvested; or (3) the restoration of utility and transportation services in response to the winter storm.
Direct assistance terminates when a driver or commercial motor vehicle is used in intrastate/interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts related to the winter storm in North Carolina or affected states, or when the motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce. (49 C.F.R. § 390.23(b)).
Upon termination of direct assistance to emergency relief efforts related to transporting loads that are for use in (1) providing direct assistance supporting emergency relief efforts including transporting essential fuels, food, water, non-alcoholic beverages, medical supplies, feed for livestock and poultry; (2) transporting livestock, poultry, and crops ready to be harvested; or (3) the restoration of utility and transportation services in response to the winter storm in North Carolina or affected states, the motor carrier and driver are subject to the requirements of 49 C.F.R. § 395.3, except that a driver may return empty to the motor carrier’s terminal or the driver’s normal work reporting location without complying with 49 C.F.R. § 395.3. When a driver is moving from emergency relief efforts to normal operations a 10-hour break is required if the total time a driver operated, whether conducting emergency relief efforts or a combination of emergency relief efforts and normal operations, equals or exceeds fourteen (14) hours.
Section 11.
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.
Section 12.
Pursuant to N.C. Gen. Stat. § 166A-19.23, this declaration triggers the prohibition against excessive pricing as provided in N.C. Gen. Stat. §§ 75-37 and 75-38 in the Emergency Area.
Section 13.
This Executive Order is effective immediately and shall remain in effect for thirty (30) days, unless earlier terminated, provided, however, that the provisions in Section 10 shall remain in effect for fourteen (14) days.
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 9th day of January in the year of our Lord two thousand and twenty-five.
Josh Stein
Governor
Attest:
Elaine F. Marshall
Secretary of State