FMCSA Grants Nationwide Fuel-Hauler HOS Waiver Through December 16

When does the fuel-hauler HOS waiver take effect and what are the new driving limits?

The Federal Motor Carrier Safety Administration granted an immediate nationwide waiver of Hours of Service (HOS) rules for trucks hauling motor fuels on September 18, 2026. The waiver runs through December 16, 2026. Drivers transporting gasoline, diesel, and other motor fuels can drive up to 16 hours in a 24-hour period. The standard 11-hour driving limit within a 14-hour window is suspended for the duration of the waiver.

FMCSA issued the waiver in anticipation of increased fuel demand during the final weeks of summer and most of fall. The agency cited the need for greater HOS flexibility if demand rises above levels experienced earlier in 2026.

What rest breaks are required under the waiver?

Drivers operating under the waiver must take a consecutive six-hour break if the truck has a sleeper berth. If the truck does not have a sleeper berth, the required break is eight consecutive hours. The standard 30-minute break after eight hours of driving does not apply under the waiver.

The 16-hour driving limit is measured within a 24-hour period, not a duty cycle. Carriers must track the clock from the start of each shift.

Who is eligible to use the waiver?

Carriers with an out-of-service order are not eligible. Drivers must hold a valid commercial driver's license (CDL). Drivers with a conditional safety rating cannot operate under the waiver.

The driver must carry a physical copy of the waiver in the truck. FMCSA requires employers to grant immediate rest to any driver who requests it, regardless of the extended hours allowed.

How does this compare to other FMCSA waivers?

FMCSA currently lists only two other active waivers: one each in Nebraska and Oregon related to wildfire recovery. Most waivers are regional in scope. The last nationwide waiver lasted more than two years in response to COVID-19 supply chain disruptions.

Secretary of Transportation Sean Duffy issued a prepared statement on the waiver. "Short-term supply chain disruptions can delay gasoline and diesel shipments, which in turn can impact freight delivery shipments," Duffy said. "By giving truckers transporting these critical supplies the ability to drive additional hours if they are not fatigued, the agency is helping protect against shortages, lower costs for families at the pump, and reduce strain on America's agricultural producers."

What compliance steps must carriers take this week?

Carriers hauling motor fuels must print copies of the waiver and distribute them to drivers immediately. The waiver document must be in the cab during every trip covered by the exemption.

Update dispatch instructions to reflect the 16-hour driving limit and the six-hour or eight-hour break requirement. Confirm that no drivers with conditional safety ratings are assigned to fuel loads. Verify that the carrier does not have an active out-of-service order.

Electronic logging devices (ELDs) will continue to track hours under standard HOS rules unless manually adjusted. Carriers must document waiver use in driver logs and be prepared to explain the exemption during roadside inspections. Officers will ask to see the physical waiver copy.

Carriers should review their safety management controls before extending driver hours. FMCSA's waiver language emphasizes that the exemption is available only when drivers are not fatigued. Employers must grant rest immediately if a driver requests it, even if the 16-hour limit has not been reached.

The waiver expires at 11:59 p.m. on December 16, 2026. Standard HOS rules resume the following day. Carriers should plan driver schedules to avoid mid-trip expiration of the exemption.