The Federal Motor Carrier Safety Administration (FMCSA) has issued a temporary Hours-of-Service (HOS) waiver for motor carriers and drivers transporting gasoline and diesel fuel in interstate commerce. The waiver took effect September 16, 2026, and remains in effect through December 16, 2026.
FMCSA issued the waiver in response to global supply disruptions and anticipated increases in fuel demand this fall. The agency specifically recognized the need to maintain adequate fuel supplies for transportation and agricultural harvesting operations.
The waiver provides qualifying drivers relief from the normal property-carrying HOS limitations in 49 CFR 395.3. However, it does not provide unlimited driving time. Key conditions include:
- Drivers may not drive more than 16 hours during any 24-hour period.
- Drivers must receive at least 6 consecutive hours in a sleeper berth or 8 consecutive hours off duty during each 24-hour period.
- Drivers must carry a physical or digital copy of the waiver.
- If a driver says they need immediate rest, the carrier must allow the driver to stop at a safe location and receive at least 10 consecutive hours off duty.
- The waiver may also cover an empty return trip to the carrier’s terminal or normal work reporting location.
The waiver only provides relief from the specified HOS requirements. CDL, drug and alcohol testing, hazardous materials, insurance, vehicle size and weight, and other applicable requirements remain in effect.
Ag retailers transporting gasoline or diesel fuel should review the complete waiver and its conditions before using the additional HOS flexibility. The waiver is scheduled to expire December 16, 2026, unless FMCSA modifies or terminates it earlier.