Adds Maine and Vermont to Affected States

The Federal Motor Carrier Safety Administration has extended its Regional Emergency Declaration granting hours of service relief for commercial motor vehicle drivers providing regulatory relief from 49 CFR § 395.3, maximum driving time for property-carrying vehicles transporting heating fuel including propane, natural gas, and heating oil. The hours of service relief is now in effect through February 15, 2026.

The Emergency Declaration is in effect in Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Vermont, and West Virginia.

This Extension of Emergency Declaration is in response to winter storms and cold weather in the Affected States and a power outage at a major gas refinery and industrial complex in Marcus Hook, Pennsylvania severely disrupting the flow of propane.

Motor carriers and drivers providing direct assistance to the emergency by transporting heating fuel, including propane, natural gas, and heating oil, in the Affected States are granted emergency relief from 49 CFR § 395.3, maximum driving time for property-carrying vehicles.
 

New York Waiver Extended

In addition, the New York State Department of Transportation has extended the Heating Fuels Hours-of-Service Waiver for intrastate motor carriers transporting heating fuels within New York State. The waiver, originally set to expire January 15, has now been extended through January 31, 2026.

Under the New York Waiver, the hours of service rules are adjusted as follows:

1. The 70-hour maximum on duty period in 8-days is modified to be 84 hours.
2. The 60-hour maximum on duty period in 7-days is modified to be 74 hours.
3. The 14-hour maximum workday is modified to be 16 hours. 
   1. An 8 hour off duty period must be taken to reset the 16-hour provision. The 34-hour restart provision is modified to be 24 hours.
   2. Carriers may utilize a 24-hour off duty period that occurred prior to the date of this Order.
4. On-Duty Time for the purposes of computation of the 60/70 or 14 hour rules shall not include time spent waiting in a commercial motor vehicle while on the property of a shipper or carrier, loading point, unloading point, or terminal immediately subsequent to or preceding loading/unloading operations.

New Hampshire Issues HOS Waiver

The New Hampshire Department of Safety has issued an emergency declaration temporarily lifting restrictions on hours of service for motor carriers that deliver propane and oil as heating sources for homes and businesses in the state. The waiver is in effect through February 15, 2026.

For further information contact NEFI Regulatory Counsel Rick Schweitzer at (703) 946-2548 or rpschweitzer@rpslegal.com.