Commercial Motor Vehicles Transporting Emergency Relief Supplies
WHEREAS, COVID-19 is a respiratory disease that can result in serious illness or death, is caused by the SARS-CoV-2 virus, which is a new strain of coronavirus that had not been previously identified in humans and can easily spread from person to person. The virus is spread between individuals who are in close contact with each other (within about six feet) through respiratory droplets produced when an infected person coughs or sneezes. It may be possible that individuals can get COVID-19 by touching a surface or object that has the virus on it and then touching their own mouth, nose or eyes; and
WHEREAS, on January 31, 2020, Health and Human Services Secretary, Alex M. Azar II, declared a public health emergency for the United States to aid the nation’s healthcare community in responding to COVID-19; and
WHEREAS, on March 9, 2020, testing by the Department of Health confirmed that three (3) patients were positive for COVID-19 in the State of Ohio. This confirmed the presence of a potentially dangerous condition which may affect the health, safety and welfare of citizens of Ohio; and
WHEREAS, on March 9, 2020, I declared a State of Emergency in Executive Order 2020-01D; and
WHEREAS, states are working together to assist with relief efforts in affected areas during this pandemic; and
WHEREAS, commercial cars and commercial tractors ("commercial motor vehicles") transport emergency relief supplies such as medicine, medical supplies, bottled water, fuel, and other relief supplies and equipment to areas of need; and
WHEREAS, transport of emergency relief supplies is a necessary and essential function during this pandemic; and
WHEREAS; commercial motor vehicles transporting emergency relief supplies will travel into or through the State of Ohio during this emergency. These commercial motor vehicles may not have the time to secure a single trip permit as required by section 5728.03 of the Ohio Revised Code and, therefore, may not be in the compliance with this section as administered and enforced by the Ohio Department of Transportation, Ohio Department of Public Safety, and Public Utilities Commission of Ohio.
NOW THEREFORE, I, Mike DeWine, Governor of the State of Ohio, by virtue of the authority vested in my by the Constitution of the United States, specifically the implied police powers of the Tenth Amendment, the Constitution of the State of Ohio, Article III, Section 5, and the laws of this State, do hereby order and direct that:
1. The requirement for commercial motor vehicles traveling into or through the State of Ohio to file an application for and receive a single trip permit as required by section 5728.03 of the Ohio Revised Code and the International Fuel Tax Agreement is hereby waived for commercial motor vehicles engaged in transporting emergency relief supplies to affected areas of the COVID-19 pandemic.
2. The waiver only applies to commercial motor vehicles engaged in transporting emergency relief supplies to affected areas of the COVID-19 pandemic.
3. The waiver does not apply to those requirements related to the safe operation of commercial motor vehicles, the safe operating condition of such vehicles, commercial driver licensing, and maintaining and having in effect all required insurance policies.
4. A copy of this Order must be retained in each commercial motor vehicle operating pursuant to this Order and retained with the records kept by the driver for audit purposes.
5. Nothing in this Order shall be construes to suspend, revoke, or otherwise affect any other federal, state, or local law, rule or ordinance governing interstate motor transportation.
I signed this Executive Order on April 16, 2020, in Columbus, Ohio, and it shall take effect immediately and remain in full force and effect until the emergency no longer exists, such time to be determined by the Director of Health and the Executive Director of the Emergency Management Agency in consultation with the Governor, who will coordinate State response efforts and terminate the emergency upon the recommendation of appropriate officials of the other responding State departments and agencies.
Mike DeWine, Governor
Frank LaRose, Secretary of State