FMCSA Eases HOS Rules for Fuel Haulers Amid Supply Concerns

FMCSA waives HOS regs for gas, diesel haulers

The Federal Motor Carrier Safety Administration has issued a temporary hours-of-service waiver allowing eligible drivers hauling gasoline and diesel fuel to drive for up to 16 hours in any 24-hour period.

The waiver took effect at 12:00 a.m. on Sept. 16, 2026, and remains in effect through 11:59 p.m. on Dec. 16, 2026. It exempts covered drivers and motor carriers from the maximum driving-time requirements in 49 CFR 395.3, which generally limit property-carrying drivers to 11 hours of driving within a 14-hour on-duty window.

Under normal HOS rules, drivers may not drive beyond the 14-hour window after coming on duty, even if they have remaining driving time available. The temporary waiver provides additional flexibility for fuel haulers during a period the agency described as involving global supply disruptions, increased seasonal demand and concerns about the cost and availability of gasoline and diesel.

Transportation Secretary Sean Duffy said the temporary change is intended to ease pressure on fuel transportation and help lower fuel costs. FMCSA said the waiver is intended to support the timely movement of fuel for transportation providers, agricultural harvesting and the traveling public during the late summer and fall.

Rest requirements remain in place

The waiver does not eliminate rest requirements. A driver operating under the order must take at least one qualifying break during each 24-hour period.

• Drivers using a sleeper berth must take at least six consecutive hours in the sleeper berth.
• Drivers without a sleeper berth must take at least eight consecutive hours off duty.
• A driver may not drive more than 16 hours in any 24-hour period.

The order also includes a specific provision for drivers who determine that they need immediate rest. If a driver informs the motor carrier that rest is necessary, the carrier must allow the driver to proceed to a suitable and safe location and take at least 10 consecutive hours off duty before driving again.

That provision does not replace the driver’s responsibility to assess whether he or she is fit to operate. The waiver increases available driving time, but it does not permit a driver to continue operating while fatigued.

Eligibility and documentation requirements

The relief applies only to motor carriers and drivers transporting gasoline and diesel fuel. Drivers must hold a valid commercial driver’s license and all endorsements required for the transportation being performed.

Drivers operating under the waiver must not be subject to an out-of-service order, disqualification or loss of driving privileges. They must also carry a physical or digital copy of the waiver and present it to law enforcement upon request.

Motor carriers with a conditional safety rating are not eligible to use the waiver. The order also does not provide relief to drivers or carriers that are otherwise barred from operating under federal safety requirements.

The waiver applies only to the specified fuel transportation operations. It does not broadly suspend federal HOS rules for other types of freight, and drivers and carriers remain responsible for complying with all requirements not specifically covered by the exemption.

Fuel supply pressures cited

FMCSA issued the waiver as fuel prices and supply concerns continued to affect trucking and other transportation sectors. Information provided with the waiver said diesel prices had surpassed $6 per gallon nationally during the week ending Sept. 14, while inventories were at record-low levels for that time of year.

Fuel prices cited in the surrounding coverage included a national average of approximately $4.44 per gallon for regular gasoline and about $6.40 per gallon for diesel. Diesel prices in California were reported at roughly $8.35 per gallon.

The agency also pointed to anticipated increases in demand and refinery maintenance planned for the fall. Refineries operating near capacity, combined with seasonal demand and supply disruptions, could increase pressure on fuel distribution networks. The waiver is intended to give eligible carriers more scheduling flexibility as they move fuel between terminals, refineries, bulk plants and retail markets.

For drivers, the practical effect is the ability to remain behind the wheel for as many as 16 hours within a 24-hour period, provided the required rest break is taken and all eligibility conditions are met. The order does not require drivers to use the additional hours, and carriers remain responsible for ensuring operations are conducted safely.

The waiver was issued Sept. 16 and signed by FMCSA Administrator Derek D. Barrs. It expires Dec. 16 unless the agency takes further action. Questions about the order may be directed to FMCSA’s Driver and Motor Carrier Operations division at MCPSD@dot.gov.