South Dakota and Nebraska Put Pause on HOS Mandates

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Diesel and gasoline shortages at the regional level had prompted governors of Nebraska and South Dakota to issue an emergency executive order to temporarily restrict hours-of-service mandates for fuel haulers (federal).

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A 30-day state of emergency in South Dakota was declared on June 10 by Governor Kristi Noem, as she exempted deliveries from a multitude of sources including diesel, gasoline, jet fuel, propane, ethyl alcohol, and natural gasoline from Federal Motor Carrier Safety Administration HOS regulations. This waiver is to address supply shortages that are being reported by businesses in the state.

Governor Noem mentioned that the state is experiencing low fuel inventories during the signing of Executive Order 2023-09. The order waived a state law SDCL 49-28A-3 and FMCSA regulations 49 CFR Parts 390 to 399 for fuel haulers that follow normal driving time restrictions, as they may “unnecessarily delay the transportation of these products.” The executive order expires next month on July 9.

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In Nebraska, Gov. Jim Pillen on June 6 issued Executive Order 23-10 to extend through Sept. 4 in an earlier emergency HOS waiver. The order temporarily allows drivers to work extended hours to haul diesel, biodiesel, gasoline or gasoline blends, fuel oil, ethanol, and propane. Any additional chemical transport is to be granted by the judge’s decision upon request of major long-haul or short-haul trucking companies.

Nebraska’s directive is in place to help reduce delays at petroleum product terminals to ensure time-efficient fuel deliveries to customers.