Free CDL tools, training guides and nationwide school search
Back to newsHours of Service & Fuel Supply

FMCSA Issues 90-Day Hours-of-Service Waiver for Fuel Haulers

September 17, 2026 11 min read

USDOT says a 90-day FMCSA waiver issued September 16 allows eligible drivers transporting gasoline and diesel to operate up to 16 hours within a 24-hour window, subject to rest, fatigue, safety-status and incident-reporting conditions.

The waiver was issued September 16

The U.S. Department of Transportation announced on September 16, 2026 that the Federal Motor Carrier Safety Administration issued a temporary hours-of-service waiver for truck drivers handling gasoline and diesel shipments. USDOT says the action was taken in anticipation of a need for greater HOS flexibility during short-term supply-chain disruptions that could delay fuel shipments and affect freight delivery.

It is effective for 90 days

USDOT states that the waiver was issued September 16 and is effective for 90 days. This is temporary relief, not a permanent amendment to the hours-of-service regulations. Drivers and carriers should retain the complete waiver, confirm when it applies to a particular movement and monitor FMCSA for any later clarification, modification or early termination.

The operating window can reach 16 hours

According to USDOT, truck drivers transporting the covered fuels can operate up to 16 hours within a 24-hour window as long as they take required rest breaks and are well-rested. The announcement describes added flexibility to the normal framework; it does not say that drivers may ignore rest, qualification, vehicle-safety or other applicable requirements.

The scope is gasoline and diesel shipments

The relief described by USDOT applies to truck drivers handling gasoline and diesel shipments. It should not be assumed to cover every load hauled by a petroleum carrier, unrelated freight moved before or after a fuel load, or another commodity merely because it supports the same customer. Dispatchers should document the covered movement and avoid extending the waiver beyond its written scope.

Conditional safety ratings are excluded

USDOT says the relief is strictly available to drivers and motor carriers in good standing. A motor carrier with a conditional safety rating is excluded. That limitation makes carrier status part of the dispatch decision; the existence of a fuel load alone does not create eligibility.

Active out-of-service orders also exclude participation

The announcement also excludes anyone with an active out-of-service order. Drivers and carriers should resolve and document any such order through the proper process rather than treating the waiver as permission to operate. The waiver does not cancel an out-of-service condition involving the driver, vehicle or carrier.

Fatigue still requires a safe shutdown

USDOT states that when a driver feels fatigued, the driver must find a safe place to rest and take a rest break. A larger operating window is not a command to continue when alertness is impaired. Drivers should communicate fatigue promptly, use legal parking and follow 49 CFR 392.3, which prohibits operation when alertness or ability is impaired by fatigue, illness or another cause.

Required rest breaks still matter

The department specifically conditions the 16-hour flexibility on required rest breaks. Carriers should train dispatchers and drivers on the complete waiver language, configure logging guidance carefully and preserve supporting records. A shorthand message such as fuel loads get 16 hours can omit material conditions and create avoidable violations.

Incidents must be reported quickly

USDOT says carriers operating under the waiver must report incidents to FMCSA within two business days. Carriers should establish who receives a driver's first notice, what facts and records must be preserved, who submits the federal report and how the deadline is tracked. Internal review should not delay the required report.

What drivers should verify before using the waiver

Confirm that the load is a covered gasoline or diesel shipment, the motor carrier is eligible, no active out-of-service order applies and dispatch has provided the complete waiver and logging instructions. Record the shipment and qualifying circumstances as directed, inspect the vehicle, plan safe fuel and rest locations and stop when fatigued. Do not rely only on a text message, social-media post or copied summary.

What the announcement does not do

The waiver does not create a general 16-hour day for all property-carrying drivers, permanently rewrite 49 CFR Part 395 or waive vehicle condition, CDL, medical, drug-and-alcohol, hazardous-materials, safe-driving or state requirements outside its scope. It also does not guarantee that every fuel movement is operationally safe or economically appropriate. The full federal document and the facts of the trip control.

Use the ordinary HOS rules when the waiver does not apply

FMCSA's regular property-carrier framework includes the 11-hour driving limit after 10 consecutive hours off duty, the 14-consecutive-hour driving window, the 30-minute break rule and the 60/70-hour limits, subject to their detailed conditions and exceptions. If the fuel waiver does not clearly cover a movement, carriers and drivers should use the normal rules and obtain compliance guidance before dispatch.

Why documentation matters

A defensible record should connect the driver, carrier, vehicle, bill of lading or shipment record, covered commodity, dates, duty-status record and any incident report. Preserve the exact waiver version used. Good documentation helps a roadside officer, safety manager or auditor distinguish legitimate temporary relief from an unsupported HOS extension.

The primary source is USDOT

The controlling public announcement is USDOT's September 16 press release, which links to the FMCSA waiver and lists the 90-day duration, covered fuels, 16-hour operating window, rest and fatigue conditions, eligibility exclusions and two-business-day incident-reporting requirement. Readers should use that federal source and the linked waiver rather than a headline alone.

Official sources

USDOT press release, September 16, 2026: Action to Lower Fuel CostsFMCSA summary of hours-of-service regulations49 CFR 392.3: Ill or fatigued operator49 CFR 395.3: Maximum driving time for property-carrying vehicles

CDL Truck Pro provides educational information. Confirm licensing, safety, tax, and regulatory requirements through current official sources and qualified professionals.