HOS Relief Changes: What The New Rule Does

FMCSA Restores 30-Day HOS Relief for Truck Drivers

The Federal Motor Carrier Safety Administration (FMCSA) is bringing back a longer emergency relief period for some truck drivers. Under a new final rule, FMCSA will raise the automatic emergency exemption period from 14 days to 30 days for certain regional emergencies. The change applies when a governor, an authorized state official, or FMCSA issues a qualifying regional emergency declaration. The rule is scheduled for publication in the Federal Register on October 5, 2026. It will take effect on the date it is published. The change does not give every truck driver 30 days of HOS relief. The relief only applies to drivers and commercial vehicles that are giving direct help during a declared emergency.

FMCSA Brings Back 30-Day HOS Relief

The final rule makes one main change to federal trucking rules.

FMCSA is changing the number “14” to “30” in 49 CFR 390.23(b). This gives qualifying emergency relief a longer automatic period.

The agency is going back to the rule that was in place before October 2023. At that time, FMCSA cut the automatic relief period from 30 days to 14 days.

That shorter period later drew concerns from trucking groups and several states. FMCSA also found that the 14-day limit could lead to more requests for extra time during longer emergencies.

In January 2026, FMCSA proposed returning to the 30-day period. The agency has now made that change final.

HOS Relief Does Not Cover Every Truck Driver

For truck drivers, one of the most important parts of the rule is who can use the relief.

FMCSA says the exemption is for commercial vehicles that are giving “direct assistance” during a declared emergency. The goal is to help restore needed supplies and services.

That means a driver is not automatically exempt from normal HOS rules just because an emergency has been declared in the area.

The driver’s work must be tied to the emergency response. The specific load and type of service may matter under the terms of the declaration.

This could include some freight tied to fuel, food, power, emergency supplies, or other key services. However, the final rule does not create a broad exemption for all freight moving through an emergency area.

The Relief Can End Before 30 Days

The new 30-day period is not guaranteed to last for a full month.

FMCSA says the relief will not continue after the emergency ends if the emergency lasts less than 30 days.

That means drivers and carriers still need to watch the terms of each emergency declaration. They may need to know when the relief starts, what work it covers, and when it ends.

This is especially important for safety teams, dispatchers, owner-operators, and fleet managers. A driver could return to normal HOS rules before the 30-day mark if the emergency period ends early.

FMCSA can also extend emergency relief beyond 30 days when needed. The agency says regional emergencies rarely need more than 30 days of relief to restore key services and supplies.

Trucking and State Groups Backed Longer HOS Relief

Several trucking, safety, energy, and state groups supported the return to 30 days.

Supporters included the Owner-Operator Independent Drivers Association, the Commercial Vehicle Safety Alliance, the National Propane Gas Association, and the National Energy & Fuels Institute.

Transportation departments from Idaho, Montana, North Dakota, South Dakota, and Wyoming also backed the change.

Those five states said there was no record of bad safety results from emergency relief from FMCSA Hours of Service rules. FMCSA said the longer period should reduce paperwork while still allowing safe truck operations during emergencies.

National Tank Truck Carriers did not take a position for or against the rule. The group said the change would likely have limited practical effect on the tank truck industry.

FMCSA Expects Less Paperwork

The rule is also expected to reduce the number of extension requests sent to FMCSA.

When the automatic period was cut to 14 days, FMCSA estimated that about 50 people would ask for extensions each year. The agency expected each request to take about 15 minutes to complete.

With the return to 30 days, FMCSA now expects about 25 extension requests each year.

The agency estimates the yearly industry paperwork burden will fall to about 6.25 hours. FMCSA also estimates about $1,429 in total yearly labor savings for industry and the federal government.

The dollar savings are small. Still, the longer period could make emergency work easier to manage when recovery efforts last more than two weeks.

What HOS Relief Means for Truck Drivers

For commercial truck drivers, the biggest change is a longer automatic period for qualifying HOS relief.

Drivers who are moving essential freight as part of a covered emergency response may no longer face the same 14-day cutoff that has been in place since 2023. Carriers may also have fewer cases where they need to ask FMCSA for more time.

The rule may matter most to drivers who haul freight during hurricanes, floods, winter storms, wildfires, fuel problems, and other major emergencies.

Still, the limits of the rule are important. The 30-day period does not remove HOS rules for every driver in an affected area.

HOS relief remains tied to qualifying direct assistance. It can also end before 30 days if the emergency ends sooner.

For truck drivers and carriers that take part in emergency response, the rule restores a longer window of federal relief while keeping the exemption tied to the emergency itself.