Transportation Law Update: Governor Reynolds Extends Emergency Declaration Impacting Critical Trucking Operations
On June 25, 2020, Governor Reynolds signed an extension of her Emergency Declaration in response to the COVID-19 pandemic. This extension will expire at midnight on July 25, 2020.
The regulatory provisions regarding the movement of oversized and underweight loads for certain commodities are still temporarily suspended. These specific commodities include: “vaccines, antivirals, prescription drugs, protective equipment, other necessary medical assets food, medical supplies, cleaning products, other household goods, agriculture supplies and commodities (including, but not limited to, livestock, raw milk, and crop supplies), agricultural waste (including, but not limited to, animal carcasses), or any other goods and supplies necessary to respond to this public health disaster and its economic effect and require a permit to transport such loads.” This suspension applies to all highways in Iowa, but does not include the interstate. The continued allowance cannot exceed the gross weight of 90,000 pounds or the maximum axle weight of 20,000 pounds.
The hours of service regulations have also been suspended when transporting the specific commodities listed above. There is no exemption from controlled substance and alcohol use, testing requirements, or commercial drivers’ license requirements. A driver must receive at least ten consecutive hours off before returning to service. At a driver’s request, a commercial motor carrier transporting these specific commodities is required to give the minimum of 34 consecutive hours off, if over the course of 8 consecutive days, the driver has worked more than 70 hours.
The Iowa Department of Transportation is monitoring this emergency proclamation to ensure public safety and aid the transportation of these specific commodities.
Contact John F. Fatino for more information at (515) 288-6041 or firstname.lastname@example.org. Elaina J. Steenson, J.D. Candidate, Drake University, assisted in the preparation of these materials.