Rhode Island issues State HOS Waiver
 

The Federal Motor Carrier Safety Administration (FMCSA) has issued an Extension and Amendment of the Regional Emergency Declaration, adding Connecticut, Massachusetts, and New Hampshire to the original order covering Delaware, Maryland, New Jersey, New York, Pennsylvania, and West Virginia, and moving the expiration date to January 15, 2026.

Under the Extension of Emergency Declaration, motor carriers and drivers providing direct assistance to the emergency 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, subject to the restrictions and conditions set forth

herein. The regulatory relief under this Extension of Emergency Declaration applies regardless of the origin of the trip, so long as the carrier or driver is providing direct assistance to the emergency in the Affected States.

In addition, the FMCSA issued a Regional Emergency Declaration for Illinois, Iowa, Kansas, Kentucky, Ohio, Minnesota, Missouri, Nebraska, Tennessee, and Wisconsin effective through January 15, 2026. This Emergency Declaration addresses the emergency conditions creating a need for immediate transportation of heating fuel, including propane, natural gas, and heating oil, and grants motor carriers and drivers providing direct assistance to the emergency in the Affected States emergency relief from 49 CFR § 395.3, maximum driving time for property-carrying vehicles.

Several states have also issued emergency waivers to Hours-of-Service (HOS) requirements for commercial motor vehicle drivers transporting heating fuels, many of which were reported to NEFI members last week.

• Rhode Island issued an HOS waiver on Monday, December 22 through January 6, 2026. Temporary emergency relief from 49 CFR Parts 390 through 399 of the Federal Motor Carrier Safety Regulations, is granted to any motor carrier or driver operating a commercial motor vehicle for delivery of home heating fuel (fuel oil, natural gas, and propane) until the termination of the Proclamation.

The other waivers include:

• Connecticut issued an emergency exemption from HOS regulations for motor carriers transporting heating fuels. This includes diesel, heating oil, kerosene, propane, gasoline, and biodiesel. It was effective from December 17 through December 22, 2025. It does not wave requirements for CDL licensing, controlled substance and alcohol testing, financial responsibility, or size and weight limits. Drivers must carry a copy of the notice and cannot operate while fatigued; those requesting rest must receive at least 10 consecutive hours off duty. Carriers under suspension or with an Out-of-Service Order cannot use this relief. A 34-hour restart is required after the exemption period.

• Maine has issued an Emergency Declaration through January 4, 2026, to enable heating fuel delivery crews to operate in Maine free from otherwise applicable hours of service limitations.

• Massachusetts issued an intrastate waiver of the federal hours of service regulations for the delivery of heating oil and propane from December 18 2025 to January 2, 2026.

• New Hampshire has issued an Emergency Notice granting relief from HOS rules for delivery of propane and home heating oil to homes or businesses through January 4, 2026.

• New Jersey has issued an Emergency Declaration providing that the HOS rules shall not apply to a motor carrier or driver operating a commercial motor vehicle to provide residential heating fuel in the state. The waiver is in effect through December 26, 2025.

• New York State has extended a modification of the HOS rules for the intrastate transportation of propane through December 31, 2025, as follows: 

  • The 70-hour maximum on duty period in 8-days is modified to be 84 hours. 

  • The 60-hour maximum on duty period in 7-days is modified to be 74 hours. 

  • The 14-hour maximum workday is modified to be 16 hours; 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; carriers may utilize a 24-hour off duty period that occurred prior to the date of this Order. 

  • 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. 

• Pennsylvania has issued a Waiver of HOS regulations for bulk delivery of propane in the state through December 24, 2025. The 11-hour driving limit is extended to up to 12 hours, provided that a driver is not permitted to drive after having been on duty more than 16 hours. Further, the waiver prohibits drivers who have been on duty 70 hours in 7 consecutive days or 80 hours in 8 consecutive days from operating under this waiver, which provides limited relief to the 60/70 hours rule.

• Vermont has issued an Emergency Declaration granting HOS relief for the delivery of propane and home heating oil to homes and businesses statewide. Key details:

  • Effective window: Relief for motor carriers is effective as of December 15, 2025, and will expire on January 15, 2026 at midnight. 

  • Safety requirement: No motor carrier operating under this declaration shall require or allow a fatigued or ill driver to operate a CMV. A driver who requests immediate rest must be given at least ten (10) consecutive hours off duty before returning to service.

  • Eligibility limits: Motor carriers with an active Out‑of‑Service Order or under a State of Vermont suspension cannot use this relief under 49 CFR § 390.23.

  • Non‑exempt items: This declaration does not exempt CDL requirements, Controlled Substance and Alcohol Testing, Financial Responsibility, Size and Weight limits, or any other regulations not specifically identified.

  • Documentation: Drivers operating under this Declaration of Emergency must carry a copy (paper or electronic) in their possession.

  • Restart: Drivers who utilize this exemption may return to full compliance and restart their hours‑of‑service clock after taking 34 consecutive hours off duty at the end of their extended‑hours period. 

Additional information is available at https://www.fmcsa.dot.gov/emergency-declarations.

For more information on these waivers or any other regulatory question, please contact NEFI Regulatory Counsel Rick Schweitzer at (202) 223-3040 or rpschweitzer@rpslegal.com.