Emergency Hours-of-Service Waiver Helps Fuel Trucks Amid Diesel Price Surge
HOS waived for trucks hauling fuel amidst skyrocketing diesel prices
The Federal Motor Carrier Safety Administration has temporarily relaxed hours-of-service limits for truck drivers transporting gasoline and diesel fuel, giving carriers additional operating time as the government responds to fuel supply and pricing pressures.
The 90-day waiver took effect at 12:00 a.m. on September 16, 2026, and will remain in effect through 11:59 p.m. on December 16, 2026. It applies to eligible motor carriers and drivers hauling gasoline and diesel fuel.
Under normal hours-of-service rules, drivers may generally be on duty for up to 14 hours following a required off-duty period. During the waiver, eligible fuel haulers may operate for up to 16 hours within a 24-hour period, provided they meet the waiver’s rest and safety requirements.
The agency said the temporary change is intended to help prevent short-term disruptions in fuel shipments. Transportation Secretary Sean Duffy cited supply and cost concerns, saying delays in gasoline and diesel deliveries could affect freight operations more broadly.
Rest requirements remain in place
The waiver does not eliminate all limits on driver fatigue or rest. Drivers operating a truck equipped with a sleeper berth must take at least one six-hour break in the sleeper berth during each 24-hour period.
Drivers operating vehicles without a sleeper berth, including day cabs, must take an eight-hour break during the 24-hour period. The agency also stated that a driver who needs immediate rest may take 10 consecutive hours off duty before returning to work.
Those requirements are intended to preserve a minimum rest period while allowing fuel carriers to remain on the road longer during the temporary waiver. Drivers and carriers remain responsible for determining whether the driver is fit to continue operating safely.
Eligibility and restrictions
The waiver applies only to motor carriers and drivers in good standing with the U.S. Department of Transportation. Carriers with a conditional safety rating are excluded, as are carriers or drivers subject to an active out-of-service order.
Fuel haulers operating under the waiver must also follow the conditions listed by FMCSA. Carriers are required to report crashes to the agency within two business days. The waiver applies specifically to the transportation of gasoline and diesel fuel and does not broadly suspend hours-of-service rules for other types of freight.
Drivers should be able to document that their operations fall within the scope of the waiver and that they meet its conditions. The temporary authority does not remove other applicable requirements related to commercial driver licensing, vehicle safety, hazardous materials transportation or safe operation.
High diesel prices add pressure to the freight industry
The waiver comes as diesel prices have climbed sharply. Reuters reported that the U.S. average diesel price reached $6.29 per gallon, compared with $3.74 a year earlier, citing data from the Energy Information Administration.
The reported increase has occurred amid disruptions affecting global oil supplies. The supplied information attributes pressure on availability and prices to the war involving Iran and attacks on Russian refineries. Higher diesel costs affect nearly every segment of trucking, increasing the expense of moving freight and putting additional pressure on carriers and drivers.
Fuel availability is also closely tied to freight operations. Gasoline and diesel deliveries support not only motorists but also the trucks, equipment and businesses that move food, manufactured goods and other essential products. The administration said extending the available driving window for qualified fuel haulers could help carriers respond to short-term supply chain pressures.
A temporary emergency measure
FMCSA has used hours-of-service waivers in response to previous emergencies, including natural disasters, wildfires, hurricanes and winter storms. These measures are generally designed to give carriers additional flexibility when normal transportation schedules are disrupted.
This waiver is limited in duration and scope. It expires on December 16, 2026, unless the agency takes further action. Until then, eligible fuel haulers may use the expanded 16-hour operating window only while complying with the required rest periods and other restrictions.
Questions about the waiver may be directed to LaTonya Mimms, division chief for Driver and Motor Carrier Operations at FMCSA, at MCPSD@dot.gov.
