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PAT McCRORY
GOVERNOR
September 1, 2016
EXECUTIVE ORDER NO. 98
TEMPORARY SUSPENSION OF MOTOR VEHICLE REGULATIONS TO ENSURE
RESTORATION OF UTILITY SERVICES AND TRANSPORTING ESSENTIALS
WHEREAS, due to the approach of Tropical Storm Hermine, vehicles bearing equipment and
supplies for utility restoration and debris removal, carrying essentials such as food and medicine,
transporting livestock, 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, I have declared that a state of emergency as defined in N.C.G.S. §§ 166A- 19.3(6)
and 166A-19.3(19) exists in portions of North Carolina due to the approach of Tropical Storm
Hermine and the storm’s 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 the tropical storm
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. § 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, 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 must
adhere to the registration requirements of N.C.G.S. § 20-86.1 and 20-382, fuel tax requirements
of N.C.G.S. § 105-449.47, and the size and weight requirements of N.C.G.S. §§ 20-116, 20-118
and 20-119. 1 have further found that citizens in this State may suffer losses and will likely suffer
imminent further widespread damage within the meaning of N.C.G.S § 166A- 19.3(3) and
N.C.G.S. § 166A-19.21(b); and
WHEREAS, pursuant to N.C.G.S. § 166A-19.70(g) on the recommendation of the
Commissioner of Agriculture, upon a finding that there is an imminent threat of severe economic
loss of livestock or 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 CFR § 390.23 allows the Governor of a state to suspend the rules and
regulations under 49 CFR Parts 390-399 for up to 30 days if the Governor determines that an
emergency condition exists; and
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