FMCSA extends national HOS waiver through May 31

Fourth waiver extension includes restriction on trucks declared out of service

Drivers hauling emergency restocking get extended HOS relief. (Photo: Jim Allen/FreightWaves)

Federal regulators issued a fourth extension of a rare 50-state exemption of hours-of-service (HOS) rules due to ongoing health risks caused by COVID-19.

The Federal Motor Carrier Safety Administration (FMCSA) announced late Friday it was extending the HOS waiver — which was set to expire Feb. 28 — through May 31.

The national exemption to the HOS rules for truckers and carriers hauling COVID-19 relief was first issued on March 12, 2020, in response to the national emergency declared by President Donald Trump. It was set to expire a month later, but the rapidly spreading pandemic has warranted several extensions and expansions.

Prior to Friday, the most recent extension issued on Dec. 1 was expanded to include carriers transporting COVID-19 vaccines.

“This extension of the expanded modified emergency declaration addresses national emergency conditions that create a need for immediate transportation of essential supplies and provides necessary relief from the [safety regulations] for motor carriers and drivers,” the latest order states.

The order applies to commercial motor vehicle operations that provide direct assistance supporting relief efforts related to the pandemic. It covers parts 390 to 399 of the federal motor carrier regulations for the 50 states and District of Columbia. In addition to HOS, the regulations also apply to inspection and maintenance of commercial vehicles, employee safety and parking rules, among others. Details on the regulations covered by the waiver can be viewed here.

The waiver is limited to hauling:

  1. Livestock and livestock feed. 
  2. Medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19.
  3. Vaccines, constituent products and medical supplies and equipment including ancillary supplies/kits for the administration of vaccines related to the prevention of COVID-19.
  4. Supplies and equipment necessary for community safety, sanitation and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants. 
  5. Food, paper products and other groceries for emergency restocking of distribution centers or stores.

“Direct assistance does not include routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of this emergency declaration,” the waiver states.

Previous extensions listed a number of situations in which the waiver did not apply, including drivers not complying with speed limits and driving while fatigued.

The most recent extension added a restriction to those operating a vehicle “in a condition likely to cause an accident or breakdown of the vehicle and operating a vehicle declared and marked out of service until all repairs required by the out-of-service notice have been satisfactorily completed.”

Related articles:

Click for more FreightWaves articles by John Gallagher.

Upcoming FreightWaves Events
AI

Supply Chain AI Symposium

Past the hype. Join operators, founders, and enterprise leaders figuring out how to deploy AI in supply chain.

July 15, 2026
The Old Post • Chicago, IL
Register Now
Rail

Future of Rail Symposium

Reshoring is rewriting freight demand. Join shippers, rail executives, and government officials to shape the next decade.

July 28, 2026
The Signal at Chattanooga Choo Choo • Chattanooga TN
Register Now
FreightTech

F3: Future of Freight Festival

Industry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.

October 27, 2026 – October 28, 2026
The Signal at Chattanooga Choo Choo • Chattanooga, TN
Register Now
AI Supply Chain AI Symposium Jul 15 • The Old Post • Chicago, IL

Past the hype. Join operators, founders, and enterprise leaders figuring out how to deploy AI in supply chain.

The Old Post • Chicago, IL Register Now
Rail Future of Rail Symposium Jul 28 • The Signal at Chattanooga Choo Choo • Chattanooga TN

Reshoring is rewriting freight demand. Join shippers, rail executives, and government officials to shape the next decade.

The Signal at Chattanooga Choo Choo • Chattanooga TN Register Now
FreightTech F3: Future of Freight Festival Oct 27 – Oct 28 • The Signal at Chattanooga Choo Choo • Chattanooga, TN

Industry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.

The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now

One Comment

Comments are closed.

John Gallagher

Based in Washington, D.C., John specializes in regulation and legislation affecting all sectors of freight transportation. He has covered rail, trucking and maritime issues since 1993 for a variety of publications based in the U.S. and the U.K. John began business reporting in 1993 at Broadcasting & Cable Magazine. He graduated from Florida State University majoring in English and business.