FMCSA Extends National HOS Waiver Which Adds Diesel Exhaust Fluid; Waiver Continues to Cover all Deliveries
The FMCSA is expanding 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.
The amended emergency declaration also expands the scope and use of the HOS waiver to add diesel exhaust fluid (DEF) and still 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 newly extended waiver is set to expire on August 31, 2022. The extension was granted due to diesel shortages, DEF shortages, and heating fuel shortages.