FMCSA Opens 90-Day HOS Waiver for Gasoline and Diesel Haulers

FMCSA grants targeted flexibility to fuel haulers

The Federal Motor Carrier Safety Administration on Sept. 16 issued a 90-day hours-of-service waiver for eligible interstate motor carriers and CDL drivers transporting gasoline and diesel fuel.

The temporary relief takes effect immediately and runs through 11:59 p.m. on Dec. 16, 2026. It is not a broad suspension of federal HOS rules for the trucking industry. Instead, it applies specifically to gasoline and diesel transportation, including an empty return trip to a carrier terminal or a driver's normal reporting location.

For covered operations, the waiver replaces the normal HOS limitations in 49 CFR 395.3 with a set of special limits and conditions. Most importantly, a driver using the waiver may not drive more than 16 hours during any 24-hour period.

FMCSA said the action is intended to support timely fuel distribution amid supply disruptions and expected late-summer and fall demand, including demand connected to transportation and agricultural harvesting.

Why the waiver arrived now

Fuel costs had already become a major trucking concern before the waiver was issued. The Energy Information Administration's Sept. 15 weekly update put the national average retail price for on-highway diesel at $6.285 per gallon for the week of Sept. 14. That was up 31.8 cents from $5.967 the prior week.

The increase was widespread. EIA reported weekly diesel averages of:

• $6.158 per gallon on the East Coast;
• $6.250 in the Midwest;
• $6.027 on the Gulf Coast;
• $6.066 in the Rocky Mountain region; and
• $7.250 on the West Coast.

Higher pump prices do not automatically mean there is a physical shortage at every terminal or retail location. But rapid price movements and supply-chain uncertainty can put additional pressure on the carriers that move fuel from terminals to bulk plants, truck stops, farms, retailers and other end users.

The federal government said the waiver is meant to help prevent transportation delays from worsening fuel availability or costs. For the trucking industry, the immediate operational point is narrower: qualified fuel carriers have a temporary tool to add delivery capacity when dispatch conditions require it.

What the waiver changes

The waiver applies to interstate motor carriers and drivers transporting gasoline and diesel fuel. While operating under it, a driver may drive up to 16 hours in a 24-hour period.

That limit is firm. The waiver says the 16-hour maximum applies even when a driver is also using another exception, waiver, exemption or declaration. A carrier cannot stack separate forms of HOS relief to go beyond 16 hours of driving in a 24-hour period.

The waiver also covers the empty return to the carrier's terminal or the driver's normal work reporting location. That provision matters for tanker fleets because a delivery route does not necessarily end at the final fuel drop.

However, dispatchers and drivers should not treat this as permission to extend every fuel route. FMCSA structured the waiver around defined safeguards, and a carrier must be able to show that a trip falls within the covered operation.

Required rest under the waiver

Drivers operating under the waiver must take at least:

• **Six consecutive hours in a sleeper berth during each 24-hour period**, or
• **Eight consecutive hours off duty during each 24-hour period** if the vehicle does not have a sleeper berth.

There is also a direct fatigue protection. If a driver tells the carrier that immediate rest is needed, the carrier must allow the driver to find a safe resting location and provide at least 10 consecutive hours off duty before driving resumes.

When moving back from waiver operations to normal HOS operations, a 10-hour break is required if the driver's combined time under the waiver and normal operations reaches or exceeds 14 hours.

Who can use it — and who cannot

This relief is limited to carriers and drivers that meet the waiver's eligibility conditions. Drivers must have a valid CDL, all endorsements required for the equipment and commodity being moved, and no disqualification, loss of driving privileges or active out-of-service order.

Motor carriers with a conditional safety rating are not eligible. A carrier or driver subject to an out-of-service order also cannot use the waiver until the applicable order has been formally rescinded.

The waiver does not excuse compliance with other federal or state requirements. That includes, among other items:

• CDL and hazardous-materials requirements;
• Drug and alcohol testing rules;
• Financial-responsibility and insurance requirements;
• Hazardous materials regulations;
• Vehicle size and weight limits;
• Applicable route restrictions; and
• Other federal and state safety obligations not specifically waived.

Drivers must carry a physical or digital copy of the waiver and present it to law enforcement upon request.

Added reporting duty for carriers

Fuel carriers using the waiver have a notable reporting obligation following a crash. If a crash, as defined in federal regulations, involves a driver operating under this waiver, the motor carrier must notify FMCSA within two business days.

The required notification includes the crash date and location, driver and vehicle identification, injuries and fatalities, the police-reported cause if available, citations, and the driver's recent on-duty and driving time.

FMCSA may also request the total number of drivers a carrier used under the waiver. The agency retained the authority to revoke the relief generally or for a specific carrier or driver if safety performance does not support its continuation.

For safety and compliance teams, that means waiver use should be documented deliberately rather than handled as an informal dispatch exception.

What fuel carriers should do now

Carriers hauling gasoline or diesel should review the waiver before assigning a driver to use it. A practical implementation checklist includes:

• Confirm the load and route qualify as gasoline or diesel transportation in interstate commerce.
• Verify the carrier does not have a conditional safety rating and that neither the carrier nor driver is under an active out-of-service order.
• Confirm the driver's CDL and endorsements are current for the work being performed.
• Put a copy of the waiver in the truck, either on paper or electronically.
• Establish a clear internal process for recording waiver use, rest periods and the transition back to normal HOS status.
• Remind dispatch personnel that a driver's fatigue report requires an immediate opportunity to rest.
• Ensure safety staff know the two-business-day crash-notification requirement.

For drivers, the most important takeaway is that the waiver adds flexibility but does not remove the obligation to stop when fatigued. Drivers should also make sure they understand whether a specific trip is being dispatched under the waiver and retain access to the waiver document during the trip.

What it means for the broader market

The waiver is primarily relevant to fuel haulers, tanker fleets and the customers that depend on fuel deliveries. It does not extend the HOS limits for dry van, refrigerated, flatbed or other freight operations simply because fuel costs are elevated.

Still, the action matters beyond the tanker segment. Fuel delivery capacity affects truck stops, fleet fueling, agricultural activity, construction, retail distribution and local transportation. If a fuel carrier can complete an additional covered delivery safely, that may reduce the risk that a local supply disruption turns into a wider operating problem.

Recruiters and employers serving tanker fleets may also see increased attention on drivers with fuel-hauling experience and the required credentials. The waiver does not change CDL or hazardous-materials requirements, so qualified-driver availability remains a central operational consideration.

What to watch next

The waiver is scheduled to expire Dec. 16 unless FMCSA takes additional action. Until then, fuel carriers will need to balance the added scheduling flexibility against the waiver's rest rules, driver-fatigue protections, crash-reporting requirement and eligibility restrictions.

Diesel prices and regional fuel availability will remain important indicators. For carriers outside the covered fuel-hauling segment, the biggest near-term effect may continue to be operating cost pressure rather than a change to their own HOS limits.

The key distinction is simple: this is a temporary, tightly conditioned waiver for eligible interstate gasoline and diesel transportation — not an industrywide change to federal hours-of-service rules.