The Federal Motor Carrier Safety Administration has issued a Regional Emergency Declaration for four Mid-Atlantic states that allows a temporary waiver of the driver hours of service regulations. In addition, New Hampshire, New Jersey, New York, Pennsylvania, and Vermont have issued their own emergency HOS waivers..

The federal Emergency Declaration applies to Delaware, New York, New Jersey and Pennsylvania. The Emergency Declaration was issued 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.

This Emergency Declaration addresses the emergency conditions creating a need for immediate transportation of heating fuel, including propane, natural gas, and heating oil, and provides necessary relief. Motor carriers and drivers providing direct assistance to the emergency in the affected states are granted emergency relief from regulations in 49 CFR § 395.3, maximum driving time for property-carrying vehicles, subject to certain restrictions.

Direct assistance does not include transportation related to long-term rehabilitation of damaged physical infrastructure after the initial threat to life and property has passed, nor does it include routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of the emergency declaration.

The FMCSA Regional Emergency Declaration is in effect through December 26, 2025.

In addition, several states have issued varying Emergency Declarations and hours of service waivers:

• 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 issued a modification of the HOS rules for the intrastate transportation of propane through December 20, 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. 

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.