What FMCSA changed
FMCSA granted a temporary waiver from the property-carrier hours limits in 49 CFR 395.3 for eligible interstate motor carriers and drivers transporting gasoline and diesel fuel. The waiver took effect at 12:00 a.m. on September 16, 2026, and is scheduled to expire at 11:59 p.m. on December 16, 2026.
This is a time-limited waiver, not a permanent rule change or a blanket emergency exemption. A driver operating under it must not drive more than 16 hours in any 24-hour period, even when another exception, exemption, waiver or declaration might also apply.
Rest and eligibility conditions
Each 24-hour period must include at least six consecutive hours in a sleeper berth, or at least eight consecutive off-duty hours when no sleeper berth is available. If a driver says immediate rest is needed, the carrier must permit the driver to find a suitable safe location and take at least 10 consecutive hours off duty before driving again.
The driver must hold a valid CDL with every required endorsement, carry a physical or digital copy of the waiver and remain free of an out-of-service order, disqualification or loss of driving privileges. Carriers with conditional safety ratings and carriers or drivers under active out-of-service orders are not eligible.
What drivers and carriers should do
The waiver follows the driver on an empty return to the carrier's terminal or normal reporting location. When moving back to normal operations, a 10-hour break is required once combined waiver and normal operations reach or exceed 14 hours.
All other applicable federal and state requirements remain in force, including CDL and endorsement rules, drug and alcohol testing, hazardous-material regulations, insurance, vehicle-condition requirements, size and weight limits and designated routes. A carrier must report a qualifying crash involving a driver using the waiver to FMCSA within two business days.
Primary sources and supporting records
- Federal Motor Carrier Safety Administration: Hours of Service Waiver for the Transportation of Gasoline and Diesel FuelPrimary waiver text, effective dates, covered operations and binding terms • Published 2026-09-16 • Checked September 17, 2026 at 7:07 AM
- U.S. Department of Transportation: Transportation Secretary takes action to lower fuel costsPrimary agency announcement and public summary of the temporary relief • Published 2026-09-16 • Checked September 17, 2026 at 7:05 AM
- Reuters: US temporarily eases curb on working hours for fuel truck driversIndependent national discovery and context; waiver terms verified against FMCSA • Published 2026-09-17 • Checked September 17, 2026 at 7:04 AM
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