FMCSA Grants 16-Hour HOS Waiver for Fertilizer Haulers in 34 States

Drivers hauling fertilizer in 34 states can drive 16 hours in a 24-hour period under a waiver the Federal Motor Carrier Safety Administration (FMCSA) granted May 26. The waiver runs through August 26.

When does the FMCSA fertilizer HOS waiver take effect?

The waiver took effect May 26, 2026, and expires August 26, 2026. FMCSA issued the waiver in response to a request from The Fertilizer Institute, citing a squeeze on fertilizer supplies during the spring planting and summer growing season.

"As part of (a) coordinated action and in response to a request from The Fertilizer Institute, FMCSA issues this waiver to provide needed relief from specified (regulations) for motor carriers and drivers transporting fertilizer products in CMVs for commercial farming and agricultural purposes in select States," FMCSA said in its prepared statement.

What the waiver changes

The waiver suspends the standard Hours of Service (HOS) regulations that limit driving to 11 hours in a 14-hour on-duty window. Under the waiver, drivers hauling fertilizer for commercial farming and agricultural purposes can drive up to 16 hours in a 24-hour period.

The waiver is more sweeping than existing agricultural exemptions in the HOS rules. Current regulations already provide breaks for some agricultural transportation, such as the movement of farm supplies within a 150-mile radius from source locations. The new waiver removes those geographic limits and extends the driving window by five hours for fertilizer loads specifically.

Which states are covered

The waiver applies in 34 states, covering more than two-thirds of the country. FMCSA did not publish a full list of covered states in its announcement, but the waiver targets states with significant commercial farming and agricultural activity during the spring and summer planting season.

Carriers hauling fertilizer should verify their routes fall within covered states before operating under the extended hours. Drivers crossing into non-covered states must revert to standard 11-hour driving limits.

What loads qualify

The waiver applies only to fertilizer products transported in commercial motor vehicles (CMVs) for commercial farming and agricultural purposes. Fertilizer hauled for retail sale, industrial use, or non-agricultural purposes does not qualify.

Carriers must be able to document that the load is destined for a farm or agricultural operation. Bills of lading should clearly identify the consignee as a commercial farming entity. Drivers stopped at roadside inspections may be asked to prove the load qualifies under the waiver.

CSA and enforcement implications

Drivers operating under the waiver are exempt from HOS violations that would normally trigger during the extended 16-hour window. A driver who logs 15 hours of driving in a 24-hour period while hauling fertilizer in a covered state will not receive a logbook violation or CSA points for exceeding the 11-hour limit, provided the load and route qualify.

However, the waiver does not suspend other safety regulations. Drivers must still take required rest breaks, maintain accurate logs, and comply with all non-HOS rules. Falsifying logs to claim a fertilizer load when hauling other freight will result in standard HOS violations plus potential fraud penalties.

Carriers should update their electronic logging device (ELD) settings or driver instructions to reflect the waiver period. Some ELD systems allow carriers to flag specific loads as exempt from standard HOS limits. Drivers using paper logs must annotate entries to reference the FMCSA fertilizer waiver.

Why FMCSA issued the waiver

FMCSA cited a squeeze on fertilizer supplies as the reason for the waiver. Spring planting and summer growing seasons create peak demand for fertilizer, and transportation capacity constraints can delay deliveries to farms. The extended driving window is intended to move more fertilizer per driver per day during the critical planting period.

The Fertilizer Institute, a trade group representing fertilizer producers and distributors, requested the waiver. Similar HOS waivers have been granted in past years during supply crunches for agricultural inputs, though the 16-hour window is longer than some previous exemptions.

What to do this week

Carriers hauling fertilizer in covered states should immediately update driver instructions and ELD configurations to reflect the 16-hour driving limit. Dispatch should verify each load qualifies under the waiver before authorizing extended hours. Drivers must carry documentation proving the load is fertilizer destined for commercial farming use.

Fleets that do not haul fertilizer should ignore the waiver. Standard 11-hour HOS limits remain in effect for all other freight. Drivers who falsely claim the exemption to extend their hours on non-qualifying loads will face HOS violations and potential out-of-service orders at the next inspection.