FMCSA Issues HOS Waiver for Gasoline & Diesel Transportation
The Federal Motor Carrier Safety Administration (FMCSA) has issued a temporary hours-of-service waiver for qualifying motor carriers and drivers transporting gasoline and diesel fuel. The waiver took effect September 16 and remains in place through December 16, 2026.
Issued in response to global supply disruptions and potential increases in fuel demand during the fall and agricultural harvest season, the waiver provides limited relief from the hours-of-service requirements under 49 CFR 395.3. Drivers operating under the waiver may drive up to 16 hours during a 24-hour period but must receive at least six consecutive hours in a sleeper berth—or eight consecutive hours off duty when a sleeper berth is unavailable.
Drivers must carry a physical or digital copy of the waiver and present it to law enforcement upon request. The waiver also requires carriers to provide at least 10 consecutive hours off duty when a driver requests immediate rest. A 10-hour break is also required before a driver returns to normal operations when combined waiver and regular operations total 14 hours or more.
The relief includes an empty return trip to the carrier’s terminal or the driver’s normal reporting location. Carriers with a conditional safety rating and carriers or drivers subject to an out-of-service order are not eligible. Qualifying crashes involving a driver operating under the waiver must be reported to FMCSA within two business days.
Because Pennsylvania incorporates the applicable federal motor-carrier safety regulations for both interstate and intrastate operations, the waiver applies to qualifying transportation of gasoline and diesel fuel in both interstate and intrastate commerce within Pennsylvania. All other federal and state safety requirements remain in effect.
