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EMERGENCY PROCLAMATION BY THE GOVERNOR
AMENDING PROCLAMATION 22-01
22-01.1
Winter Weather and Flooding
WHEREAS, on January 7, 2022, I issued Emergency Proclamation 22-01, proclaiming a
state of emergency in all of Washington’s 39 Counties due to a series of severe winter storms
that struck Washington State beginning on December 17, 2021, producing extensive rain and
snow and causing hazardous driving conditions, flooding, landslides, and extended road
closures on mountain passes and other roadways throughout the lowlands and high elevations
statewide; and
WHEREAS, melting snow, saturated soils, and additional rainstorms are predicted to
increase flooding as rivers and streams continue to rise throughout the state of Washington;
and
WHEREAS, widespread flooding and landslides are causing road closures, road damage,
evacuations, the need to establish alternate transportation routes, impacts to local utility
services, and damage to public and private property and infrastructure; and
WHEREAS, road closures and impacts to transportation systems and infrastructure resulting
from these storms have impacted travel, caused delays in supply chains affecting multiple
industries, and interrupted the delivery of essential supplies by preventing drivers from
completing their routes within the time limits prescribed by the commercial motor vehicle
driver hours of service rules; and
WHEREAS, road closures and impacts to transportation systems have impacted the ability of
various industries, including the propane industry and many others, to provide consistent and
timely availability of supplies, delaying and hindering delivery within the time limits
prescribed by the commercial motor vehicle driver hours of service rules, resulting in the
depletion of available supplies needed to meet Washingtonians’ needs; and
WHEREAS, the damage and threat of ongoing damage from these storms and the resultant
flooding impact the life and health of our people as well as the property and infrastructure of
Washington State, all of which constitute a public disaster that affects life, health, property or
the public peace; and
WHEREAS, state agencies and local jurisdictions are coordinating resources to address
damaged property and infrastructure, assess damage caused by the storms, and implement
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repairs; and
WHEREAS, the Washington State Military Department has activated the State Emergency
Operations Center, implemented emergency response procedures, is coordinating resources to
support local officials in alleviating the immediate social and economic impacts to people,
property, and infrastructure, and is continuing to assess the magnitude of the event.
NOW, THEREFORE, I, Jay R. Inslee, Governor of the state of Washington, as a result of
the above-noted situation and under Chapters 38.52 and 43.06 RCW, do hereby proclaim that
a State of Emergency exists throughout the state of Washington, and direct the plans and
procedures in the Washington State Comprehensive Emergency Management Plan be
implemented. State agencies and departments are directed to utilize state resources and to do
everything reasonably possible to assist affected political subdivisions in an effort to respond
to and recover from the event. Additionally, the Washington Military Department, Emergency
Management Division, is instructed to coordinate all event-related assistance to the affected
areas.
FURTHERMORE, I also hereby find, based on the above, that motor carriers and drivers of
commercial motor vehicles in Washington State collecting or delivering essential supplies and
services during the above-described emergency are providing direct assistance and emergency
relief during an emergency under 49 CFR § 390.23 and, therefore, are exempt from
application of the driver hours of service rules in 49 CFR § 395, adopted pursuant to RCW
46.32.020 and WAC 446-65-010, effective immediately until 11:59 p.m. on January 14, 2022.
I also hereby restrict this exemption from the driver hours of service rules for motor carriers
and drivers of commercial motor vehicles identified above by prohibiting application of the
exemption as follows:
1. Motor carriers are prohibited from operating under the terms of this exemption if either
of the following conditions exist:
a. They have an out-of-service order in effect; or
b. They do not possess a current safety rating of “Satisfactory” or better assigned by
the Federal Motor Carrier Safety Administration or the State in which the motor
carrier has its principal place of business.
2. Motor carriers I have not prohibited from operating under the terms of this exemption
are prohibited from:
a. Requiring or permitting a fatigued or ill driver to operate a commercial motor
vehicle; or
b. Requiring or permitting a driver to operate a commercial motor vehicle after the
driver has informed the carrier (verbally or in writing) that he or she needs
immediate rest, unless the driver has first received at least ten consecutive hours
off-duty documented in writing by the motor carrier; or
c. Requiring or permitting a driver to operate a commercial motor vehicle after the
driver has been on duty for more than 96 hours in any 8 consecutive days, unless
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the driver has first received at least 34 consecutive hours off-duty documented in
writing by the motor carrier.
I ask motor carriers to use their best judgment in operating under this exemption in a manner
that ensures public health and safety. Drivers operating under this exemption should carry a
copy of this Proclamation.
ADDITIONALLY, my order to activate into state service the organized militia of
Washington State to include the National Guard and the State Guard, or such part thereof as
may be necessary in the opinion of The Adjutant General, to perform such duties as directed
by competent authority of the Washington Military Department in addressing this situation
remains in place and the Washington State Emergency Operations Center remains instructed
to coordinate all incident-related assistance to the affected areas.
Signed and sealed with the official seal of the state of Washington on this 8th day of January,
A.D., Two Thousand and Twenty-Two at Olympia, Washington.
By:
/s/
Jay Inslee, Governor
BY THE GOVERNOR:
/s/
Secretary of State