EXECUTIVE ORDER NO. 58
EMERGENCY RELIEF FOR DAMAGE
CAUSED BY FLOODING IN THE STATE OF TENNESSEE
WHEREAS, the Governor of Tennessee has proclaimed that a Slate of Emergency exists
in Tennessee due to Flooding from Storms and due to the imminent threats thereby, has
requested that North Carolina issue an executive order allowing an exemption from 49 CFR
390.23 (Federal Motor Carrier Safety Regulations); and
WHEREAS, under the provisions of N.C.G.S. §§ 166A-4 and 166A-6(c)(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, 1 have found that vehicles
bearing Food, Fuel, Equipment, Supplies, Utilities, and Temporary Housing to relieve grief
stricken areas in Tennessee must adhere to the registration requirements of N.C.G.S. § 20-86.1
and N.C.G.S. § 20-382, fuel lax requirements of N.C.G.S. § 105-449.47, and the size and weight
requirements of N.C.G.S. § 20-116 and N.C.G.S. § 20-1 18; I have further found that citizens in
those affected areas will likely suffer losses and, therefore, invoke an imminent threat of
widespread damage within the meaning of N.C.G.S. § 166A-4(3).
NOW, 'THEREFORE, pursuant to the authority vested in me as Governor by the
Constitution and the laws of the State of North Carolina, and with the concurrence of the Council
of State, IT IS ORDERED:
Section 1. The Department of Crime Control & Public Safety in conjunction with the
N.C. Department of Transportation shall waive certain size and weight restrictions and penalties
therefore arising under N.C.G.S. § 20-1 16 and N.C.G.S. § 20-118 for the vehicles transporting
Food, Fuel, Equipment, Supplies, Utilities, and Temporary Housing along North Carolina
roadways.
Section 2. 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,
0(Ю
pounds gross weight, whichever is less.
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