Trucks hauling fuel get HOS waiver for 3 months

16 hours of driving now permitted; first nationwide waiver since COVID

FMCSA has issued a waiver for trucks hauling fuel. (Photo: Jim Allen\FreightWaves)

A nationwide waiver of Hours of Service (HOS) rules for the transportation of motor fuels will be in place until December 16 following the action taken by the Federal Motor Carrier Safety Administration.

FMCSA announced Wednesday an immediate waiver that will allow drivers to be behind the wheel for up to 16 hours per day. The current regulations are a limitation of 11 hours driving in a 14-hour period with a 30-minute break after eight hours of driving.

“The Agency grants this waiver in anticipation of the need for greater hours-of-service flexibility for motor carriers transporting fuel during the last weeks of the summer and most of the fall if the demand for fuel increases above the levels experienced earlier in the year,” FMCSA said in its announcement.

Under the waiver, a driver is limited to driving no more than 16 hours in a 24-hour period. If the truck has a sleeper berth, the driver must take a consecutive break of six hours. If there is no sleeper berth, the required break is eight hours. 

The waiver comes with a long list of other requirements that are fairly standard when FMCSA grants such a waiver. They include a carrier with an out of service order not being eligible to use the waiver; a physical copy of the waiver must be held by the truck driver; a valid CDL is necessary; and drivers with a conditional safety rating are not eligible.

There are other provisions that require an employer to grant immediate rest to a driver if it is requested.

Duffy weighs in

The waiver was considered significant enough that it brought a prepared statement from Secretary of Transportation Sean Duffy. 

“Short-term supply chain disruptions can delay gasoline and diesel shipments, which in turn can impact freight delivery shipments,” Duffy said in the statement. “By giving truckers transporting these critical supplies the ability to drive additional hours if they are not fatigued, the agency is helping protect against shortages, lower costs for families at the pump, and reduce strain on America’s agricultural producers.”

FMCSA lists only two other ongoing waivers: one each in Nebrasks and Oregon related to recovery from wildfires.

Most waivers are regional in scope. The last nationwide waiver granted by FMCSA lasted for more than two years in reaction to COVID. 

More articles by John Kingston

Rejigged NLRB likely to target Cemex rule, used by Teamsters to organize

Pink Cheetah, TQL fight it out as transparency rule awaited

At tech/AI confab, C.H. Robinson tackles insurance and liability

Upcoming FreightWaves Events
Compliance

Brokerage Compliance Symposium

The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.

October 26, 2026
The Signal at Chattanooga Choo Choo • Chattanooga, TN
Register Now
Awards

F3 Awards Dinner

The night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.

October 26, 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
Compliance Brokerage Compliance Symposium Oct 26 • The Signal at Chattanooga Choo Choo • Chattanooga, TN

The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.

The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now
Awards F3 Awards Dinner Oct 26 • The Signal at Chattanooga Choo Choo • Chattanooga, TN

The night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.

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

John Kingston

John has an almost 50-year career as a journalist, most of them covering commodities and markets. The largest part of his career was spent at Platts, now part of S&P Global Energy. He created the Dated Brent benchmark, now the world’s most important crude oil marker. He was Director of Oil, Director of News, the editor in chief of Platts Oilgram News and the “talking head” for Platts on numerous media outlets, including CNBC, Fox Business and Canada’s BNN. He covered metals before joining Platts and then spent a year running Platts’ metals business as well. He was awarded the International Association of Energy Economics Award for Excellence in Written Journalism in 2015. In 2010, he won two Corporate Achievement Awards from McGraw-Hill, an extremely rare accomplishment. He was awarded the 2020 Abdullah Bin Hamad Al-Attiyah International Energy Award for Lifetime Achievement for the Advancement of International Energy Journalism.