FMCSA HOS Waiver Now Active in High-Risk Winter States

FMCSA Grants Regional Winter-Weather Hours-of-Service Waiver 

The Federal Motor Carrier Safety Administration (FMCSA) has activated a regional HOS waiver to support truck drivers and motor carriers affected by severe winter weather and extreme cold. The emergency declaration took effect on January 23, 2026, and will remain in place through February 6, 2026, unless conditions improve sooner. This waiver gives temporary hours-of-service relief to drivers hauling emergency loads in storm-impacted states.

What the HOS Waiver Covers

Under this HOS waiver, FMCSA has suspended certain federal hours-of-service rules for drivers and carriers providing direct emergency assistance. This applies to both property-carrying and passenger-carrying commercial vehicles.

The waiver is meant to support relief efforts during winter storms. Therefore, it allows drivers more flexibility when hauling critical supplies. However, the waiver only applies when the trip directly supports emergency response work.

States Covered Under the HOS Waiver

The HOS waiver covers 36 states and the District of Columbia. These states stretch across much of the central and eastern U.S., as well as parts of the Midwest and Plains.

States Covered:  Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin, Wyoming, and the District of Columbia. 

The waiver applies no matter where a trip begins. However, the load must support relief efforts in one of the covered states.

What Qualifies for the HOS Waiver

To use the HOS waiver, drivers and carriers must provide direct help during the emergency phase. This includes hauling loads that restore essential supplies or services.

Qualifying freight may include:

• Food and water
• Fuel and heating supplies
• Medical supplies
• Emergency equipment
• Power and utility support materials

In short, the trip must play a clear role in storm response or recovery.

What the HOS Waiver Does Not Cover

The HOS waiver does not apply to normal commercial deliveries. It also does not cover mixed loads that only include a small amount of emergency supplies.

In addition, the waiver does not extend to long-term repair projects. Once the emergency phase ends, normal hours-of-service rules apply again.

Safety Rules Still Apply 

Even with the HOS waiver in place, all other FMCSA safety rules remain active. Drivers and carriers must still follow:

• CDL requirements
• Drug and alcohol testing rules
• Insurance rules
• Hazardous materials rules
• Weight and size limits

Drivers who are under an out-of-service order cannot use the waiver. They must first meet all conditions to return to service.

Once the waiver ends, drivers must take the required rest break before returning to standard operations.

Why the HOS Waiver Matters for Truck Drivers

Winter storms can slow traffic and disrupt deliveries. In many cases, roads close, fuel supplies run low, and food shipments fall behind.

The HOS waiver gives truck drivers more flexibility to meet urgent needs. It also helps carriers move emergency freight without running into immediate HOS limits.

As a result, the waiver plays a key role in keeping supplies moving during dangerous winter conditions.

Other Winter HOS Waivers This Season

This is not the only winter-related HOS waiver issued this season. In recent weeks, agencies have granted similar relief due to snow, ice, and extreme cold.

Some waivers have focused on heating fuel deliveries in the Northeast and Mid-Atlantic. Others have supported food and medical shipments in storm-hit regions.

These waivers are common when fast action is needed to protect public safety.

What Truck Drivers Should Know About the HOS Waiver

Truck drivers and carriers who believe they qualify for the HOS waiver should confirm a few key details:

• The trip must support emergency response work
• The delivery must involve essential supplies
• The destination must be in a covered state
• All other safety rules must still be followed

Drivers should also keep clear records of their trips. In addition, they should stay in contact with dispatch and emergency officials.

FMCSA may change, extend, or end the waiver early if weather conditions improve.