FMCSA Expands HOS Waiver To Include All Motor, Heating Fuel; Amends Waiver to Cover All Deliveries
At EMA’s request, the FMCSA expanded the current nationwide CDL driver hour of service (HOS) waiver (49 CFR 395.3) authorized under the March 13, 2020 presidential declaration of national emergency to include both heating oil and propane.
The amended emergency declaration also expands the scope and use of the of the HOS waiver to include all deliveries of gasoline, diesel, jet fuel, ethyl alcohol, heating oil, propane and natural gas.
The FMCSA said the expansion to all deliveries of covered fuels is due to the impact COVID-19 has had on the nationwide driver shortage.
Moreover, energy marketers are not required to have drivers out due to COVID-19 related illness for the HOS to apply.
Instead, it is enough that COVID-19 has caused a driver shortage throughout the industry for the waiver to apply to all energy marketers for all deliveries of the covered fuels.
The current waiver is still set to expire on May 31, 2022.
EMA requested the expansion after receiving reports of diesel shortages and of heating fuel shortages from heating oil and propane dealers.
It is also highly likely that an extended version of the waiver will be released prior to May 31, 2022.