Pursuant to the Proclamation of Disaster Emergency issued by the Governor on March 6, 2020, as extended, regarding the existence of a disaster emergency throughout the Commonwealth, and pursuant to the March 13, 2020 determination by the President of the United States that an emergency exists nationwide under the Stafford Act, the Public Health Service Act and the National Emergencies Act, regarding the novel coronavirus (known as "COVID-19"), the Governor issued an Third Amended Specific Determination May 12, 2020, determining that to alleviate the emergency conditions it is necessary to modify compliance with certain provisions of Title 75, pursuant to 75 Pa. C.S. §6108. The waivers in this exemption apply to certain motor carriers engaged in operations necessary to respond to the disaster emergency declared by the Governor. The Pennsylvania Department of Transportation hereby issues the following exemption:
TYPE OF OPERATION: Commercial motor vehicle operations providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks, including transportation to meet immediate needs for: (1) livestock and livestock feed; (2) medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19; and (3) supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants. Direct assistance does not include routine commercial deliveries including mixed loads with a nominal quantity of the above referenced goods and materials to obtain the benefits of this Exemption.
EXTENT OF EXEMPTION: Requirement to comply with weight limitations and permitting for certain motor carriers on all roadways and bridges except for bridge restrictions noted in the special conditions below.
EFFECTIVE DATE: April 3, 2020 1159 hours.
TERMINATION DATE: August 14, 2020 2359 hours.
1. The vehicle weight and permitting requirements of 67 Pa. Code, Chapter 179 (relating to Oversize and Overweight Loads and Vehicles) are hereby waived for motor carriers utilizing combination vehicles with divisible load limits equal to or less than 90,000 pounds that are providing direct assistance in transporting goods and materials necessary to respond to the COVID-19 virus disaster emergency.
2. This Exemption does not apply to any bridge or roadway with a size or weight restriction posted in accordance with 67 Pa. Code, Chapters 189 (relating to Hauling in Excess of Posted Weight Limit), 191 (relating to Authorization to Use Bridges Posted Due to Condition of Bridge), and 193 (relating to Authorization to Use Highways Posted Due to Traffic Conditions).
3. Structures spanning the Delaware River between the states of Pennsylvania and New Jersey under the jurisdiction of the Delaware River Port Authority or the Delaware River Joint Toll Bridge Commission are not within the scope of this waiver; the terms and requirements for the crossing of those structures are as established by the respective authorities. Contact information for the Delaware River Joint Toll Bridge Commission is 1-800-363-0049 and Delaware River Port Authority is 1-877-567-3772.
4. Structures spanning the Delaware River between the states of Pennsylvania and New Jersey under the jurisdiction of the Burlington County Bridge Commission are not within the scope of this waiver; the terms and requirements for the crossing of those structures are as established by the respective authority. Contact information for the Burlington County Bridge Commission is 1-856-829-1900.
5. Drivers must comply with the Federal Motor Carrier Safety Administration’s March 24, 2020, Expanded Emergency Declaration Under 49 CFR § 390.23, No. 2020-002, and all amendments to that Declaration, or any further Exemption or Order issue by the Governor or the Secretary as allowed by law.
6. Nothing in this Exemption relieves compliance with all other applicable laws or regulations, unless otherwise waived or exempted by the governmental entity with jurisdiction to effect such an exemption or waiver.
DATE: July 14, 2020
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