FMCSA Amends Fuel Hauling HOS Waiver Through December 16

The Federal Motor Carrier Safety Administration (FMCSA) issued an amended hours-of-service waiver on October 15, 2026, allowing qualifying truck drivers transporting gasoline and diesel fuel to operate under temporary federal driving-hour limits. The Fuel Hauling HOS Waiver permits eligible drivers to drive up to 16 hours within a 24-hour period. It also establishes specific rest requirements, safety restrictions, and reporting obligations for motor carriers.

The waiver originally took effect September 16, 2026, and remains valid through December 16, 2026. The October amendment continues the temporary relief while outlining the conditions carriers and drivers must follow. According to FMCSA, the measure is intended to support fuel deliveries during periods of increased demand and global supply chain disruptions.

Why FMCSA Issued the Fuel Hauling HOS Waiver

FMCSA said adequate gasoline and diesel supplies are essential for transportation, freight movement, and agricultural operations across the United States. The agency cited global supply chain disruptions and potential increases in fuel demand during the late summer and fall.

Fuel transportation plays an important role in keeping commercial vehicles, farms, and other industries operating. Delays in fuel distribution can affect transportation providers and agricultural producers.

According to the U.S. Energy Information Administration figures cited by FMCSA, transportation accounted for approximately 29% of total U.S. energy consumption in 2025. Petroleum products represented about 89% of transportation energy use.

FMCSA determined that temporary regulatory flexibility could help maintain fuel availability and reduce potential distribution disruptions. The agency also concluded that the waiver could maintain a level of safety equivalent to existing regulations when its conditions are followed.

Fuel Hauling HOS Waiver Allows Up to 16 Driving Hours

Under normal federal hours-of-service regulations, most property-carrying commercial truck drivers are limited to 11 hours of driving within a 14-hour driving window after taking 10 consecutive hours off duty. The amended waiver temporarily changes those limits for qualifying fuel transportation operations.

Under the waiver:

These provisions do not authorize unlimited driving or eliminate the need for rest. The waiver also requires carriers to allow additional rest when drivers report fatigue.

Which Fuel Shipments Qualify for the Waiver?

The temporary relief applies to interstate commercial motor vehicle operations transporting specific fuel products.

Eligible products include:

The amended waiver also permits certain shipments containing heating oil. Heating oil qualifies when transported in a compartmentalized cargo tank alongside one or more covered fuel products. However, heating oil cannot exceed 75% of the total shipment volume at loading.

The waiver also covers drivers returning empty to their motor carrier’s terminal or normal work reporting location after a qualifying delivery. It does not automatically apply to every truck transporting petroleum products or other hazardous materials.

Driver and Motor Carrier Eligibility Requirements

FMCSA established several conditions that carriers and drivers must satisfy before using the waiver. Drivers must hold a valid commercial driver’s license with all endorsements required for their vehicle and cargo. They also cannot be subject to an active out-of-service order, disqualification, or loss of driving privileges.

Motor carriers with a conditional safety rating are not eligible for the relief. Additionally, carriers and drivers operating under an out-of-service order cannot use the waiver until the order has been officially rescinded in writing.

Drivers must carry a physical or electronic copy of the waiver and provide it to law enforcement upon request.

These restrictions are intended to limit the temporary flexibility to qualifying operations that meet federal safety requirements.

FMCSA Requires Additional Rest When Drivers Report Fatigue

One of the waiver’s safety provisions addresses driver fatigue. If a driver informs the motor carrier that immediate rest is needed, the carrier must permit the driver to find a suitable, safe resting location. The driver must then receive at least 10 consecutive hours off duty before resuming driving.

The waiver also establishes requirements for drivers returning to normal hours-of-service operations. When a driver’s combined time under the waiver and normal operations reaches or exceeds 14 hours, a 10-hour break is required before transitioning back to regular operations.

FMCSA emphasized that other federal and state safety requirements remain applicable.

These include commercial driver’s license rules, drug and alcohol testing requirements, hazardous materials regulations, insurance requirements, and vehicle size and weight restrictions.

Motor Carriers Must Report Qualifying Crashes

The amended waiver includes additional reporting requirements for motor carriers. Any carrier involved in a crash meeting the federal regulatory definition while a driver operates under the waiver must notify FMCSA within two business days. Reports must be submitted to MCPSD@DOT.GOV. Required information includes the crash date and location, driver and vehicle identification, injuries or fatalities, and available information about the cause.

Carriers must also report the driver’s on-duty time during the seven consecutive days before the crash, along with driving and on-duty hours during the preceding work shift. FMCSA may also request information about the total number of drivers who operated under the waiver. The agency retains authority to revoke the relief for individual carriers, drivers, or the entire covered group if safety concerns arise.

Fuel Hauling HOS Waiver Remains Effective Until December 16

The amended waiver applies from September 16 through 11:59 p.m. on December 16, 2026. During that period, states cannot enforce interstate commerce regulations that conflict with the federal waiver for qualifying operations. States may separately adopt similar relief for intrastate transportation.

The temporary measure does not represent a permanent change to federal hours-of-service regulations.For fuel haulers, the waiver provides additional operational flexibility during the fall fuel distribution season. However, drivers and carriers must continue meeting the specific rest, licensing, safety, and reporting requirements established by FMCSA.