Fertilizer Truck Drivers: HOS Waiver in Effect

Fertilizer Truck Drivers Get HOS and ELD Relief

FMCSA Grants Temporary Fertilizer Truck Relief

The Federal Motor Carrier Safety Administration has granted a temporary waiver for some truck drivers and motor carriers. The waiver applies to the transport of certain fertilizer products in select states. It covers straight or blended fertilizer products used for commercial farming and other farm-related needs. The waiver gives covered fertilizer truck drivers relief from some federal hours-of-service rules. It also gives relief from some electronic logging device rules.

The waiver started on May 26, 2026. It expires on August 26, 2026.

FMCSA said the move is tied to an urgent fertilizer supply shortfall. The agency issued the waiver with the U.S. Department of Agriculture. It also said the action came after a request from The Fertilizer Institute.

For truck drivers, the main issue is not the federal process behind the waiver. The main issue is how the waiver may affect daily work on the road.

This waiver may change how some fertilizer truck drivers track hours. It may also change when an ELD is needed. But it does not remove all safety rules. Drivers and carriers must still follow several clear limits.

What Fertilizer Truck Rules Are Being Waived?

FMCSA is waiving two specific federal rules for covered fertilizer trips.

The first rule deals with hours of service. These rules are found under 49 CFR 395.3. They limit how long property-carrying truck drivers may drive and work.

The second rule deals with ELD use. This rule is found under 49 CFR 395.8(a)(1)(i). It requires many drivers to use an ELD to record duty status.

Under this waiver, some fertilizer haulers may not need to use an ELD during covered trips. But that does not mean drivers can skip all logs.

Drivers who do not use an ELD must still keep paper records of duty status. They must also keep supporting documents.

The waiver is limited in scope. It only applies to certain fertilizer loads. Those loads must be tied to commercial farming and agricultural purposes.

It does not apply to every farm load or every fertilizer-related trip. It also does not apply in every state.

Drivers, dispatchers, and safety teams need to check the details before using the waiver.

Fertilizer Truck Drivers Still Face a 16-Hour Limit

The waiver gives covered drivers more room to operate. But it does not allow drivers to run without limits.

Under the waiver, a driver may not drive more than 16 hours in any 24-hour period.

This is one of the most important parts of the waiver. The 16-hour limit still applies even if the driver is also using the agricultural operations exception.

That detail could prevent confusion. Some drivers may think an ag-related waiver removes most HOS rules. That is not the case here.

The waiver sets a clear cap. Covered drivers still have a hard driving limit.

Drivers must also take required breaks.

A driver must take at least six straight hours in the sleeper berth during each 24-hour period. If the truck does not have a sleeper berth, the driver must take at least eight straight hours off.

The waiver also gives drivers a rest protection.

If a driver tells the carrier that rest is needed right away, the carrier must allow that driver to find a safe place to stop. The driver must then receive at least 10 straight hours off duty before driving again.

This rule matters for drivers who may feel pressure during busy farm seasons. It makes clear that the waiver does not remove the need for rest.

Paper Logs Are Still Required Without an ELD

The ELD relief may help some drivers and carriers. But it does not remove the need to track time.

Drivers who do not use an ELD under this waiver must use paper records of duty status. These are often called paper logs.

They must also keep supporting documents. These records must be kept for six months from the date they are made.

Drivers and motor carriers must make these records available to FMCSA or law enforcement if asked.

This means the waiver may reduce ELD use for covered trips. But it may also add a paper record burden.

Fertilizer truck drivers need to know when the waiver applies. They also need to know what paperwork is needed.

Carriers should also have a clear plan. Dispatchers and safety staff should be able to show why a load qualified under the waiver.

For safety teams, this is a major compliance point.

A driver may be allowed to operate without an ELD during a covered fertilizer trip. But missing paper logs could still create problems during an inspection.

Incomplete records could also cause problems during a later review.

Which States Are Covered?

The waiver does not apply nationwide. It applies only in the states listed by FMCSA.

The covered states are Alabama, Arkansas, California, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

This list matters for drivers who cross state lines.

A driver should not assume the waiver applies to every route. A carrier should not assume it applies to every fertilizer load.

Routes, pickup points, delivery points, and state lines all matter.

The waiver also says states may adopt the same policy for intrastate commerce. That means states may choose to apply similar relief to in-state trips.

Still, the FMCSA waiver is limited. It applies to covered interstate operations in the listed states.

Hazardous Materials Are Not Covered

The waiver does not apply to hazardous materials.

This is a key warning for drivers and carriers. Fertilizer loads can be confusing. Some products may be treated one way. Other products may fall under hazmat rules.

FMCSA made clear that the waiver does not cover hazardous materials as defined in federal rules.

That means carriers need to check the load before using the waiver. Drivers also need to know what they are hauling.

A fertilizer-related load does not always mean the waiver applies.

The hazmat exclusion also means other federal safety rules remain in place. The waiver does not remove CDL rules. It does not remove drug and alcohol testing rules or insurance rules.

It also does not remove federal hazmat rules, vehicle size rules, weight rules, route rules, or other requirements that were not clearly waived.

This is why the waiver should not be seen as a blanket exemption.

It gives limited relief for certain trips. It does not erase the rest of the rulebook.

Who Can Use the Fertilizer Truck Waiver?

The waiver applies to motor carriers and drivers moving covered fertilizer products.

Those products must be used for commercial farming and agricultural purposes. FMCSA also said this includes ranching.

Drivers must hold a valid commercial driver’s license.

Drivers must not be under an out-of-service order. They also must not be disqualified. They must not have lost driving privileges.

Motor carriers or drivers that are under an out-of-service order cannot use the waiver until that order is cleared. The order must be rescinded in writing by the proper jurisdiction.

This means the waiver is not open to all carriers.

It cannot be used to avoid an out-of-service order. It also cannot be used to avoid CDL rules or other basic safety standards.

Carriers should confirm that both the driver and the operation qualify before using the waiver.

What Happens After Waiver Operations End?

FMCSA also included rules for drivers who move from waiver-covered work back to normal work.

This matters because many drivers may haul more than one type of freight. A driver could haul fertilizer under the waiver and then move to another load that is not covered.

When a driver moves from waiver operations to normal operations, a 10-hour break may be required.

That break is required when the total time spent in waiver operations, or in a mix of waiver and normal operations, reaches or exceeds 14 hours.

This rule is important for drivers and dispatchers.

A driver cannot simply switch from a covered fertilizer load to a normal load without checking total time worked.

Dispatchers need to plan these changes with care. Safety teams should also track them closely.

The waiver may help move fertilizer during a tight supply period. But it also creates more responsibility.

Carriers need to know when waiver time starts. They need to know when it ends. They also need to know when the driver must stop and take a full break.

Crash Reporting Rules Also Apply

The waiver also includes a special crash reporting rule.

If a crash involves a driver operating under the waiver, the motor carrier must notify FMCSA within five business days.

The notice must include several details. These include the crash date, location, driver name, license number, vehicle number, injuries, and fatalities.

It must also include the police-reported cause if that information is available. The carrier must also report whether the driver was cited for a traffic law or motor carrier safety rule.

This creates another duty for carriers using the waiver.

It also shows that FMCSA is tracking the safety impact of the temporary relief.

FMCSA said it may revoke the waiver. It may revoke it for all covered operations or for specific carriers. That could happen if the waiver leads to a lower level of safety.

This is another reason carriers must use the waiver with care.

Why This Matters to Fertilizer Truck Drivers

For drivers hauling fertilizer in covered states, this waiver could affect daily work.

Some drivers may have longer driving windows or be able to use paper logs instead of an ELD during covered trips.

Some owner-operators may also see short-term freight options tied to fertilizer demand.

But the waiver also comes with limits. Drivers still need to follow the 16-hour driving cap. They still need rest breaks. They still need proper records.

The waiver may help move fertilizer to farms during a supply shortfall. But it is not a full break from federal safety rules.