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FMCSA Issues 3-Month HOS Waiver for Fuel Haulers

The Federal Motor Carrier Safety Administration has granted a nationwide waiver suspending standard Hours of Service rules for drivers transporting motor

The Federal Motor Carrier Safety Administration has granted a nationwide waiver suspending standard Hours of Service...

The Federal Motor Carrier Safety Administration (FMCSA) has issued a nationwide waiver of Hours of Service (HOS) regulations for trucks hauling gasoline and diesel. The waiver, announced Wednesday, is effective immediately and will remain in place until December 16.

Drivers transporting motor fuels can now be behind the wheel for up to 16 hours in a 24-hour period. This suspends the standard rule limiting drivers to 11 hours of driving within a 14-hour window, which also requires a 30-minute break after eight consecutive hours.

Waiver Conditions and Requirements

The agency said it granted the waiver in anticipation of greater need for fuel transportation flexibility during the late summer and fall months. The Agency grants this waiver in anticipation of the need for greater hours-of-service flexibility for motor carriers transporting fuel during the last weeks of the summer and most of the fall if the demand for fuel increases above the levels experienced earlier in the year, FMCSA stated.

The relaxation comes with specific safety conditions. Drivers operating trucks equipped with sleeper berths must take a consecutive six-hour break. For trucks without a sleeper berth, the mandatory break is eight consecutive hours.

A carrier with an active out-of-service order is not eligible to use the waiver. Drivers must carry a physical copy of the waiver, hold a valid commercial driver's license, and cannot have a conditional safety rating. Other provisions require employers to grant immediate rest to any driver who requests it.

Official Rationale and Context

Transportation Secretary Sean Duffy highlighted the waiver's significance in a prepared statement. He linked fuel shipments directly to broader freight flows and consumer costs. "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.

According to the source report from Freightwaves, nationwide waivers of this scale are rare. Most FMCSA waivers are regional. The agency currently lists only two other ongoing waivers, both related to wildfire recovery in Nebraska and Oregon.

The new rules for fuel haulers provide a direct comparison to the standard HOS regulations they temporarily replace.

Regulation TypeMaximum Driving HoursOn-Duty WindowMandatory Break
Standard HOS Rules11 hoursWithin a 14-hour period30 minutes after 8 hours driving
New Fuel Hauler Waiver16 hoursWithin a 24-hour period6 hours (sleeper) / 8 hours (non-sleeper)

FMCSA's action aims to preempt potential fuel supply issues by increasing available driver hours during a period of anticipated higher demand.

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