Alabama Gov. Robert Bentley issued an emergency declaration effective Thursday, Sept. 15, 2016, because of a gasoline pipeline leak that is causing an interuption in the availability of gasoline in the state.
When Alabama experiences a state of emergency, Alabama’s price gouging law is in effect.
ALABAMA’S PRICE GOUGING LAW: Makes it unlawful for anyone to raise prices on commodities or lodging by more than 25 percent during the declared state of emergency. To avoid violating Alabama’s price gouging law, figure the price charged for each of the previous 30 days. Add the 30 daily prices, divide by 30, and multiply the price by .25, or 25 percent, to figure the maximum price increase allowed for any one day. The exception is if a wholesale price increases by more than 25 percent and merchants have no choice but to pass along the price increase.
The fine for violating Alabama’s price gouging law can be up to $1,000 per incident. Those who willfully and continually violate the law can be banned from doing business in Alabama.
The emergency proclamation allows truck drivers delivering fuel to exceed the hours of service or spend less time off duty than required by federal law. The waiver only applies to the time a driver is delivering gasoline for up to 30 days after the emergency declaration, or until the declaration ends. Under federal law, a driver may drive only during a period of 14 consecutive hours after coming on duty following 10 consecutive hours off duty. The proclamation loosens that regulation only as it relates to the timely delivery of gasoline for the 30 days or less of the emergency declaration.
Visit Alabama Retail’s Emergency Preparedness page for other links to the state’s emergency management resources.