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ROBERT L. EHRLICH, JR., Governor Ch. 263
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[(iii)] 2. This waiver shall include the hours of duty status accrued
by, and shall apply only to, drivers providing direct assistance in restoring utility
services affected by a utility emergency in the State, or to drivers of emergency
vehicles operated under the direction of State and local governments or their agents
when providing direct assistance in clearing and opening State highways and local
streets and roads to allow free flow of traffic.
(III) THE PROVISIONS OF THIS SECTION DO NOT APPLY TO AN
INCIDENTAL DRIVER DURING A TIME WHEN A UTILITY EMERGENCY IS DECLARED
UNDER THIS SUBSECTION.
(III) 1. NOTWITHSTANDING THE OTHER PROVISIONS OF THIS
SUBSECTION AND § 14-107 OF THE PUBLIC SAFETY ARTICLE, DURING A UTILITY
EMERGENCY AN INCIDENTAL DRIVER SHALL BE EXEMPT FROM PART 395 OF THE
FEDERAL MOTOR CARRIER SAFETY REGULATIONS IF THE UTILITY COMPANY HAS
PREFILED, AS SPECIFIED BY THE SECRETARY OR THE SECRETARY'S DESIGNEE. A
UTILITY EMERGENCY RESPONSE NOTIFICATION PLAN AND AN INCIDENTAL DRIVER
SAFETY PLAN IN ACCORDANCE WITH THIS SUBPARAGRAPH.
2. A UTILITY EMERGENCY RESPONSE NOTIFICATION PLAN
MUST INCLUDE THE UTILITY COMPANY'S PROCEDURE FOR NOTIFYING THE
SECRETARY OR SECRETARY'S DESIGNEE WITHIN 4 HOURS AFTER THE UTILITY
COMPANY RESPONDS TO A UTILITY EMERGENCY.
3. AN INCIDENTAL DRIVER SAFETY PLAN MUST INCLUDE
THE PROCEDURES THAT THE UTILITY COMPANY WILL FOLLOW TO ENSURE THAT AN
INCIDENTAL DRIVER WILL NOT DRIVE DURING A UTILITY EMERGENCY IF THE
INCIDENTAL DRIVER HAS NOT HAD SUFFICIENT REST TO ENSURE THAT THE
INCIDENTAL DRIVER MAINTAINS THE ABILITY TO DRIVE SAFELY.
(3) (i) All declarations issued under this [section] SUBSECTION shall
indicate the nature of the utility or transportation emergency, the area or areas
threatened, and the conditions which have brought it about.
(ii) A declaration shall be disseminated by a means calculated to
bring its contents to the attention of the general public, in the areas affected by the
declaration.
(4) Within 10 days of the issuance of any declaration issued under this
[section] SUBSECTION, the Secretary or the Secretary's designee shall notify the
Governor of the nature of the declaration.
(5) A [utility or] transportation emergency declared by the Secretary or
the Secretary's designee may not extend for more than 3 5 days, unless renewed by
the Governor pursuant to § 14-107 of the Public Safety Article.
(k) (1) NOTWITHSTANDING THE PROVISIONS OF § 14-107 OF THE PUBLIC
SAFETY ARTICLE, A UTILITY COMPANY MAY DECLARE A UTILITY EMERGENCY.
(2) (I) BEFORE A UTILITY COMPANY MAY EXERCISE THE AUTHORITY
TO DECLARE A UTILITY EMERGENCY, THE UTILITY COMPANY SHALL FILE A PLAN
WITH THE SECRETARY OR THE SECRETARY'S DESIGNEE.
- 1337 -
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