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PA Bulletin, Doc. No. 05-1701

THE GOVERNOR

GOVERNOR'S OFFICE

[35 Pa.B. 5088]

Proclamation of Emergency Regarding Oversize Vehicles

September 3, 2005

   Whereas, The President of the United States has declared major disaster emergencies for impacted areas in Louisiana, Mississippi, and Alabama due to the catastrophic events caused by Hurricane Katrina; and

   Whereas, the U. S. Department of Homeland Security (DHS) is actively managing federal assistance to these affected communities in an effort to expedite response efforts and save lives; and

   Whereas, the Federal Emergency Management Agency (FEMA) of DHS has issued a ''Request for Waiver of State Law'' to the Governors of the fifty states, requesting waivers of the enforcement of state laws and regulations that govern the transport of oversized tractor trailer loads for the limited purpose of allowing Federal Government contractors to transport mobile homes for Hurricane Katrina relief efforts.

   Now Therefore, pursuant to the provisions of Subsection 7301(c) of the Emergency Management Services Code (35 Pa.C.S. Section 7101 et seq., as amended) and Section 6108 of the Pennsylvania Vehicle Code (75 Pa.C.S. Section 101, et seq.), I do hereby proclaim the existence of an emergency for the limited purpose of allowing Federal Government contractors to transport mobile homes for Hurricane Katrina relief; and

   Further, I hereby direct as follows:

   1.  I have determined that, in order to aid in the alleviation of the emergency conditions, it is necessary to waive enforcement of applicable state laws and regulations that govern the transport of oversized loads, solely for the limited purpose of allowing Federal Government contractors to transport mobile homes for Hurricane Katrina relief efforts for a period of ninety (90) days, subject to renewal if necessary.

   2.  Notification of said waiver shall be disseminated to all applicable law enforcement, turnpike, and transportation authorities.

   3.  Confirmation by September 3, 2005, through official channels that the Commonwealth has voluntarily waived its sovereign right to enforce the applicable laws and regulations, except for the following restrictions:

   A.  Oversized loads up to and including fourteen (14) feet wide may move unescorted at all times. These loads and their trailers shall be well lighted front and back and along both sides during nighttimes;

   B.  Loads wider than fourteen (14) feet must be escorted and may travel in convoys of not more than ten (10) vehicles with one team of escort vehicles both day and night. These loads and their trailers shall be well lighted front and back and along both sides during nighttime travel.

   4.  This waiver is only for the limited purpose of allowing Federal Government contractors to transport mobile homes for Hurricane Katrina relief efforts and is inapplicable to the transporting of manufactured housing units or mobile homes for normal business purposes or to any other vehicles.

   Still Further, I direct the Departments of Transportation and State Police to utilize all available resources and personnel as is deemed necessary to cope with the magnitude and severity of this emergency situation in carrying out this directive, including notification of the public of thisProclamation to increase public awareness and precautions in light of the possible increase in oversize loads traveling on Commonwealth highways.

   Given under my hand and the Seal of the Governor, at the City of Harrisburg, on this third day of September in the year of our Lord two thousand and five, and of the Commonwealth the two hundred and thirtieth.


Governor

[Pa.B. Doc. No. 05-1701. Filed for public inspection September 16, 2005, 9:00 a.m.]


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