FMCSA Issues Hours of Service Waiver for Transportation of Gasoline and Diesel. The Federal Motor Carrier Safety Administration has issued a 90-day waiver of the driver hours of service regulations for the transportation of gasoline and diesel fuel. The waiver was based on global supply disruptions and anticipated increases in demand.
The FMCSA granted the 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, including to address potential increases in transportation and agricultural harvesting demands.
The agency determined that it is in the public interest to issue a waiver, limited in scope and circumstances, that is likely to achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained in the absence of the waiver.
This waiver covers motor carriers and drivers transporting gasoline and diesel fuel for the period beginning at 12:00 a.m. on September 16, 2026, through 11:59 p.m. on December 16, 2026. While operating under this waiver, motor carriers and drivers are subject to the following terms and conditions:
- A driver must not drive more than 16 hours in any 24-hour period. This limit applies even if the driver is also operating under an exception in 49 CFR 395.1 or any other waiver, exemption, or declaration. The total driving time of any driver operating under this waiver must not exceed the 16-hour limit.
- The driver must take a minimum of a 6 consecutive hour break in the sleeper berth in each 24-hour period. If there is no sleeper berth, the driver must take a minimum 8 consecutive hour off-duty break in each 24-hour period.
- Drivers must maintain a valid commercial driver’s license for the transportation being conducted with all necessary endorsements for the commercial motor vehicle being operated and not be subject to an out-of-service order, disqualification, or loss of driving privileges.
- Drivers must keep a physical or digital copy of this waiver in their possession when operating under this waiver and present it to law enforcement upon request.
- Motor carriers with a conditional safety rating are not eligible for the relief granted by this waiver.
- At any time, if the driver informs the motor carrier that he or she needs immediate rest, the driver must be permitted immediately to find a suitable, safe resting location and allowed at least 10 consecutive hours off duty before resuming driving.
- The waiver applies while the driver returns empty to the motor carrier’s terminal or the driver’s normal work reporting location. However, if the driver informs the motor carrier that he or she needs immediate rest, the driver must be permitted immediately to
find a suitable, safe resting location and allowed at least 10 consecutive hours off duty before resuming driving. - When a driver is moving from operations under this waiver to normal operations, a 10 -hour break is required when the total time a driver is engaged in operations under this waiver, or in a combination of operations under this waiver and normal operations, equals or exceeds 14 hours.
- Each motor carrier must notify FMCSA within two business days of a crash, as defined in 49 CFR 390.5, involving any driver operating under this waiver. Notification shall be by email to [email protected].
In addition, during the period this waiver is in effect, no State shall enforce any law or regulation applicable to interstate commerce that conflicts with or is inconsistent with this waiver with respect to a driver or motor carrier operating under the waiver. States may also adopt the same waiver or policy with respect to operations in intrastate commerce.
FMCSA Administrator Barrs Discusses Enhanced Safety Enforcement. In an interview with Transport Topics, Federal Motor Carrier Safety Administrator Derek Barrs discussed the agency’s heightened enforcement efforts to promote safe operations by carriers and drivers. The Administrator asserted the agency’s main objectives are to improve safety and make things better for the American truck driver.
He noted that in his one year at FMCSA, the agency has uncovered a number of loopholes that were being exploited by unscrupulous individuals to circumvent the safety regulations. Barrs said the FMCSA is focused on strengthening regulatory oversight and prosecuting those who are willfully violating the motor carrier safety regulations.
For example, he explained that FMCSA has identified “chameleon carriers” where one address or post office box is listed as the principal place of business for hundreds of USDOT numbers. FMCSA is working with local law enforcement agencies to identify the individuals responsible for these schemes and to refer them for criminal prosecution in addition to shutting down their motor carrier registrations.
In addition, Barrs said the FMCSA will amend the regulations to eliminate the self-certification process for both Entry-Level Driver Training providers and Electronic Logging Device providers. In each area, the ability to self-certify compliance with regulatory requirements without initial scrutiny by the government has led to significant non-compliance and outright fraud in many instances.
FMCSA has identified and decertified thousands of driver training mills that fail to meet the curriculum and behind the wheel requirements for training certification. He emphasized that driving a commercial motor vehicle must be trained to the highest standards of safety, not just in how to drive the truck but in inspection of safety equipment, load securement and related activities.
The agency has begun more stringent vetting of ELD providers seeking placement on the ELD Registry. Of the 500 applicants this year, not one has been granted certification yet, and the FMCSA is sensitive to reincarnated vendors who make multiple applications in order to avoid scrutiny.
With regard to new restrictions on no-domiciled CDLs, Barrs noted this was a safety gap wherein there has been no process to verify the safety and operational history of a driver from a foreign country who applies for a CDL or CLP in the United States. He asserted that a U.S. citizen who applies for a CDL is checked for prior DUIs, speeding tickets and other infractions, but there has been no mechanism for making the same checks for non-domiciled driver applicants. This has now changed under a new FMCSA rule in effect since March 2026, although the rule is being challenged in court.
On English Language Proficiency, the agency recently made non-compliance with this requirement an out-of-service violation. Barrs said it is just common sense that a driver must be able to converse with a roadside inspection officer and read highway signs, including dynamic signs, that could alert the driver to dangers.
Administrator Barrs also recognized that the agency’s rollout of Motus, its new registration platform, has not been seamless. He explained that they are trying to merge seven or eight legacy computer systems into one and have run into implementation problems. But he vowed that FMCSA is committed to improving the efficiency and security of the new system. In the meantime, they have expanded their call center resources to handle industry inquiries and made them available seven days a week.
