The Federal Motor Carrier Safety Administration has amended a 90-day waiver of the driver hours of service regulations for the transportation of gasoline, diesel fuel, ethanol, and denatured ethanol. The waiver now includes transportation of heating oil in certain situations. The decision to grant the waiver was based on global supply disruptions and anticipated increases in demand.

The FMCSA granted the 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, including to address potential increases in transportation and agricultural harvesting demands.

The agency determined that it is in the public interest to issue a waiver, limited in scope and circumstances, that is likely to achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained in the absence of the waiver.

This waiver covers motor carriers and drivers transporting gasoline, diesel fuel, ethanol and denatured ethanol. FMCSA states motor carriers and drivers may also operate under this waiver when transporting heating oil as part of a compartmentalized load with one or more of the four enumerated fuel products covered by this waiver, provided that the volume of heating oil being transported in a single, compartmentalized cargo tank truck load, at the time of loading, is not more than 75% of the total shipment.

The waiver extends for the period beginning at 12:00 a.m. on September 16, 2026, through 11:59 p.m. on December 16, 2026.

While operating under this waiver, motor carriers and drivers are subject to the following terms and conditions:

• A driver must not drive more than 16 hours in any 24-hour period. This limit applies even if the driver is also operating under an exception in 49 CFR 395.1 or any other waiver, exemption, or declaration. The total driving time of any driver operating under this waiver must not exceed the 16-hour limit.
   
• The driver must take a minimum of a 6 consecutive hour break in the sleeper berth in each 24-hour period. If there is no sleeper berth, the driver must take a minimum 8 consecutive hour off-duty break in each 24-hour period.
   
• Drivers must maintain a valid commercial driver’s license for the transportation being conducted with all necessary endorsements for the commercial motor vehicle being operated and not be subject to an out-of-service order, disqualification, or loss of driving privileges.
   
• Drivers must keep a physical or digital copy of this waiver in their possession when operating under this waiver and present it to law enforcement upon request.
   
• Motor carriers with a conditional safety rating are not eligible for the relief granted by this waiver.
   
• At any time, if the driver informs the motor carrier that he or she needs immediate rest, the driver must be permitted immediately to find a suitable, safe resting location and allowed at least 10 consecutive hours off duty before resuming driving.
   
• The waiver applies while the driver returns empty to the motor carrier's terminal or the driver's normal work reporting location. However, if the driver informs the motor carrier that he or she needs immediate rest, the driver must be permitted immediately to find a suitable, safe resting location and allowed at least 10 consecutive hours off duty before resuming driving.
   
• When a driver is moving from operations under this waiver to normal operations, a 10 -hour break is required when the total time a driver is engaged in operations under this waiver, or in a combination of operations under this waiver and normal operations, equals or exceeds 14 hours.
   
• Each motor carrier must notify FMCSA within two business days of a crash, as defined in 49 CFR 390.5, involving any driver operating under this waiver. Notification shall be by email to MCPSD@DOT.GOV. 
   

In addition, during the period this waiver is in effect, no state shall enforce any law or regulation applicable to interstate commerce that conflicts with or is inconsistent with this waiver with respect to a driver or motor carrier operating under the waiver. States may also adopt the same waiver or policy with respect to operations in intrastate commerce.

NEFI continues to monitor regulatory issues on your behalf. If you have any questions, you can contact NEFI Regulatory Counsel Rick Schweitzer at rpschweitzer@rpslegal.com.

Download The Waiver Here