New York Declares Emergency for Tropical Storm Henri

Governor Andrew Cuomo may be on his way out the door due to resigning amidst sexual harassment allegations, but that is not stopping Mother Nature from threatening havoc. By the time you read this, Tropical Storm Henri should have hit the New York shore. Experts have Henri pinned at a tropical storm of wind speeds between 39 and 73 miles per hour, but say Henri has the potential to get faster and become a full-blown hurricane before it hits the shore. Because of this, one of Cuomo’s final acts as governor is to declare a State of Emergency.

Henri Emergency Details

As with numerous State of Emergencies in the past, the hours-of-service regulations for truckers that are hauling goods and people directly related to helping with the cause are shelved until the driver completes his delivery.

Other changes that may impact truckers include (as well as a summary of what the change entails):

• Section 104 of New York Highway Law. There is usually a lot of paperwork to be done if a highway needs to be closed for whatever reason. The suspension of this law cuts the red tape and allows highways to be closed at a moment’s notice should Henri become too unsafe.

• Section 346 of New York Highway Law. No new thruways are to be built for the duration of the Emergency. Considering the potential weather hazards, this is a given.

• Section 1602 of New York Vehicle and Traffic Law. Similar to New York Highway Section 104 above, but applies to non-highway roads.

• Sections 1630, 1640, 1650, 1660 of New York Vehicle and Traffic Law. Normally the relevant governmental entity (town, city, county, etc.) deals with the rules and regulations for its own roads, but with the suspension, the State can override requirements, including the banning of usage by commercial vehicles, where necessary.

Please note that we are not lawyers and that this is our interpretation based on our reading of the listed laws in the State of Emergency. Legalese is a very confusing subject, and our interpretation of the law may be different than what the State of New York actually meant.

Conclusion

The State of Emergency is expected to expire on September 20th, where it should no longer be necessary as Henri will have passed.

Governor Andrew Cuomo’s last day in office is expected to be August 24th, wherein Kathy Hochul, the Lieutenant Governor of New York, will take the lead. She will be the first female governor in the state’s history.

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