One of the coldest, latest springs in history has threatened Montana’s biggest industry, but now Governor Bullock has responded to the pleas from farmers, declaring a state of emergency to allow critical delivery of fertilizer.
A temporary suspension of “hours of service” and associated ELD regulations, will apply to drivers of commercial motor vehicles while transporting fertilizer, allowing them to expedite the delivery of fertilizer products.
Leaders of organizations like the Montana Agricultural Business Association (MABA) stressed to the Governor that a compressed spring planting season due to late winter snowfalls caused an increased short-term demand for delivery of fertilizers, and that combination is threatening the ability of farmers to get in the fields in adequate time for planting and crop emergence.
Krista Lee Evans, Executive Director of the Montana Agricultural Business Association and the Montana Grain Elevator Association says. “This is going to be a huge help to our industry! And people need to know that this includes plant-to-plant deliveries — not just retailer to farmer.”
The Executive Order is effective from May 18, 2018 through midnight June 6, and it pertains only to carriers actively involved in transporting anhydrous ammonia and other fertilizers.
Following is the text of today’s Emergency Order:
STATE OF MONTANA OFFICE OF THE GOVERNOR EXECUTIVE ORDER No. 13-2018 EXECUTIVE ORDER DECLARING A STATE OF EMERGENCY AND TEMPORARILY EXEMPTING CERTAIN CARRIERS FROM HOURS OF SERVICE REGULATIONS UNDER MONTANA LAW TO HELP MEET FERTILIZER DELIVERY DEMANDS
WHEREAS, the farmers of Montana are faced with a compressed spring planting season due to late winter snowfalls;
WHEREAS, these conditions have caused an increased short-term demand for delivery of anhydrous ammonia and other fertilizers by commercial delivery trucks;
WHEREAS, further delays to fertilizer delivery may threaten the ability for farmers to get in the fields in adequate time for planting and crop emergence;
WHEREAS, under Title 10, MCA, the Governor may suspend the provisions of a regulatory statute, agency rule, requirement, or standard if strict compliance would prevent, hinder, or delay necessary action in coping with the emergency; and
WHEREAS, relieving “hours of service” requirements for commercial motor carrier vehicles in Montana, provided for in § 61-10-154, MCA, and A.R.M. § 18.8.1502, will assist Montana farmers by facilitating and expediting the delivery of fertilizer products.
NOW, THEREFORE, I, STEVE BULLOCK, Governor of the State of Montana, pursuant to the authority vested in me under the Constitution and the laws of the State of Montana, Title 10, Chapter 3, MCA, and under other applicable statutes, do hereby declare that a state of emergency exists in Montana, as defined in §§ 10-3-103 and 10-3-302, MCA, and order as follows:
1. A temporary suspension of “hours of service” and associated ELD regulations, as provided in A.R.M § 18.8.1502 (incorporating by reference 49 C.F.R. part 395), as they apply to drivers of commercial motor vehicles while transporting fertilizer.
2. This Order pertains only to carriers actively involved in transporting anhydrous ammonia and other fertilizers.
3. Nothing in this Order shall be construed to waive or suspend any other state or federal regulation pertaining to commercial motor carriers and commercial driver license requirements or to relieve carriers and commercial drivers from operating their commercial motor vehicles in a safe and prudent manner.
4. Commercial motor vehicle carriers, while under this Order, shall not require or allow fatigued drivers to operate a motor vehicle.
5. Notwithstanding any other provision of this Order, if a driver informs a carrier that the driver needs immediate rest, the “hours of service” requirements, enacted in § 61-10-154, MCA, and implementing regulations, A.R.M. § 18.8.1502, must be followed. The scope of this Order does not extend beyond the suspension of “hours of service” requirements for the transport of fertilizer.
This Order is effective retroactive to May 18, 2018 and expires at midnight on June 6, 2018.
Source: Montana Agricultural Business Association
Photo: courtesy of Mike Jennings of VR Tours, and Town and Country Supply Association of Laurel Montana
