FMCSA issues massive 40-state winter storm waiver

Arctic blast prompts regional emergency declaration for truckers

HOS waiver applies to trucks hauling throughout most of the U.S. (Photo: Jim Allen/FreightWaves)

WASHINGTON — The Federal Motor Carrier Safety Administration has issued a Regional Emergency Declaration across 40 states in response to severe winter storms and dangerous cold.

The order, which went into effect Friday evening, provides immediate regulatory relief for truck drivers providing direct assistance to emergency relief efforts.

The declaration suspends hours of service regulations to give drivers more flexibility to move essential supplies and restore services in regions where temperatures have dropped substantially below normal.

The relief applies to an area stretching from Texas and Florida to Montana and Massachusetts, and – critically – applies regardless of where a trip originates, provided the driver is supporting emergency efforts in the affected states.

Key restrictions

FMCSA clarified in the order that drivers must still adhere to:

Direct assistance only: The waiver does not cover routine commercial deliveries or long-term infrastructure rehabilitation.

Safety requirements: Controlled substance testing, CDL requirements, and financial responsibility (insurance) laws remain in effect.

Vehicle limits: Size and weight limitations and hazardous materials regulations are not waived.

Direct assistance ends once a driver is dispatched to a non-emergency task. “When a driver is moving from emergency relief efforts to normal operations … a 10-hour break is required when the total time a driver is engaged in emergency relief efforts, or in a combination of emergency relief and normal operations, equals or exceeds 14 hours,” the order states.

The waiver is scheduled to expire at 11:59 p.m. (ET) on February 6, unless FMCSA terminates it sooner or extends it, based on weather conditions.

Click for more FreightWaves articles by John Gallagher.

Upcoming FreightWaves Events
Fraud & Security

Freight Fraud Symposium

Double brokering. AI deepfakes. Identity theft. Freight fraud is an existential threat to the industry. Get ahead of it.

May 20, 2026
Rock & Roll Hall of Fame • Cleveland, OH
Register Now
AI & Technology

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 Office • Chicago, IL
Register Now
Rail & Policy

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
Fraud & Security Freight Fraud Symposium May 20 • Cleveland, OH

Double brokering. AI deepfakes. Identity theft. Freight fraud is an existential threat to the industry. Get ahead of it.

Rock & Roll Hall of Fame • Cleveland, OH Register Now
AI & Technology Supply Chain AI Symposium Jul 15 • Chicago, IL

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

The Old Post Office • Chicago, IL Register Now
Rail & Policy Future of Rail Symposium Jul 28 • 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

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.