EXECUTIVE ORDER
BJ 08-79

Hours of Service of Drivers of Telecommunications, Water and/or Wastewater Utility Service Vehicles


WHEREAS, the welfare of the citizens of the state of Louisiana is jeopardized by any occurrence, natural or man-made, that interrupts the delivery of telecommunications, water and/or wastewater (collectively referred to herein as “utilities”) services;

WHEREAS, 49 C.F.R. §350.201, et seq ., of the Federal Motor Carrier Safety Regulations, requires each state to assume responsibility for improving motor carrier safety and adopting and enforcing safety laws and regulations that are compatible with new federal hours of service regulations as soon as practical, but no later than June 27, 2006, as a condition for Commercial Motor Carrier Safety Assistance Program funding;

WHEREAS, transportation performed by state, federal and local governments is exempt from the new federal hours of service regulations by 49 C.F.R. §390.3(f)(2); and

WHEREAS , application of the new federal hours of service regulations to the drivers of utility service vehicles engaged solely in intrastate commerce within the state of Louisiana may impair the ability of such utilities from expeditiously restoring services by prohibiting drivers from working extended hours while assisting in the restoration of their services;

NOW THEREFORE, I, BOBBY JINDAL, Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and the laws of the state of Louisiana, do hereby order and direct as follows:

SECTION 1: Notwithstanding any provision of the Louisiana Administrative Code to the contrary, during the declared state of emergency for Hurricane Gustav, Proclamation No. 51 BJ 2008, issued August 27, 2008, 49 CFR §390.23 is now applicable to the drivers of utility service vehicles, which are engaged solely in intrastate commerce within the state of Louisiana and operated by utilities regulated by the Louisiana Public Service Commission or the city of New Orleans (hereafter “Drivers of Utility Service Vehicles”), while this Order is in effect.

SECTION 2: Any rule and/or regulation promulgated by the Department of Public Safety and Corrections after this Order is issued, which adopts the Federal Hours of Service Regulations, shall not be applicable to drivers of utility service vehicles while this Order is in effect.

SECTION 3:

A. This Order is effective upon signature and shall remain in effect until amended, modified, terminated or rescinded by the governor, or terminated by operation of law.

B. This Order shall be immediately terminated upon a finding by or notification from the U.S. Department of Transportation that the application of Section 1 of this Order will result in the loss of Federal Motor Carrier Safety Assistance Program funding.

SECTION 4: This Order is effective upon signature and shall remain in effect until amended, modified, terminated or rescinded by the governor, or terminated by operation of law.

IN WITNESS WHEREOF , I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 29th day of August, 2008.

Bobby Jindal
Governor

ATTEST BY
THE GOVERNOR
Jay Dardenne
Secretary of State