Hours of Service
Clarification of Governors Emergency Executive Order 17-11
The Emergency Executive Order signed by the Governor is very limited in scope. Propane and diesel fuel are the only products covered by the order and it basically only relieves drivers from the 34 hour restart rule. This rule requires drivers to have 34 consecutive hours off after they have been on duty 60 hours in 7 days, or 70 hours in 8 days. The below paragraph from the Executive Order makes it clear it does not waive the daily 14 hour on duty and 11 hours of driving limitation.
3. Nothing in this order shall be construed to relieve motor carriers and drivers transporting propane or diesel fuel and providing direct assistance for emergency relief efforts from the requirements under paragraph (a) of the Code of Federal Regulations, title 49, part 395.3 which states, in part, a driver may drive only 11 hours during a period of 14 consecutive hours after coming on duty following 10 consecutive hours off duty.
Please be aware of the limited nature of this Executive Order. It will allow transporters to work through weekends when they would normally be required to stop for 34 hours.
Emergency Executive Order 17-11
UPDATE: Notice of Biodiesel Outage and Waiver at Magellan Terminal - Mason City, IA
MN Commerce Department
The Magellan terminal located in Mason City, Iowa has notified the Minnesota Department of Commerce Weights and Measures Division that the terminal will not have biodiesel available for loading at the rack starting at 8:00 AM, October 26, 2017.
Retailers may be granted a waiver under Minnesota Statutes 239.80 on diesel loads bought from Magellan terminal in Mason City, Iowa for delivery to retailers in Minnesota from 8:00 am October 26, 2017 through 8:00 am November 5, 2017 if:
- The retailer, or its purchasing agent, was already an existing customer of Magellan terminal in Mason City, Iowa at the time of the biodiesel outage;
- The retailer is obligated to meet the requirements of Minnesota Statutes 239.77 because the retailer sells diesel fuel for use in internal combustion engines; and
- The retailer had insufficient time to arrange for alternative sources of biodiesel to meet statutory requirements.
The Weights and Measures Division will determine a retailer’s eligibility for this waiver through bills of lading or other information obtained by the Weights and Measures Division from the retailer and from Magellan terminal in Mason City, Iowa under the auditing authority granted in Minnesota Statutes 239.011, 239.75, and 239.753.
Waivers will not apply to any loads purchased after November 5, 2017 8:00 am.
Diesel sold for use in combustion engines under any conditions other than those outlined in a waiver granted by the Weights and Measures Division must have the minimum amount of biodiesel required under Minnesota Statutes §239.77, or retailers may face penalties under Minnesota Statutes §239.80.
We have had a few calls to the Association office regarding the sale of B-10 in Minnesota. On April 30, 2014 Governor Mark Dayton signed a bill that modified the biodiesel mandate chapter 239.77. The following should help you understand the changes and what actions you will need to take to sell biodiesel at retail…
• On April 1, 2017 through September 30, 2017, considered warm months, the biodiesel content must be at least 10% biodiesel fuel by volume going forward.
• During the cold weather months, October 1 through March 31, the biodiesel mandate reverts back to at least 5% biodiesel fuel by volume.
• On April 1, 2018 through September 30, 2018 the biodiesel mandate moves to 20% biodiesel fuel by volume.
• #2 Biodiesel Exemptions include…
• Motors located at an electric generating plant regulated by the Nuclear Regulatory Commission.
• Railroad locomotives.
• Off-road taconite and copper mining equipment and machinery.
• Off-road logging equipment and machinery.
• Vessels of the United States Coast Guard and vessels subject to inspection under United States Code, title 46, section 3301.
• Generators tested and validated by an entity that designs and manufactures the generators for use in jurisdictions where biodiesel use is not required.
• The exemptions listed above do not have a sunset date.
• Number 1 diesel fuel is exempt year round until May 21, 2020.
• The Federal Trade Commission sticker (see below) is required at the point-of-sale on all retail diesel fuel pumps.