A nationwide waiver of Hours of Service (HOS) regulations for motor carriers transporting motor fuel will remain in effect through December 16, giving fuel haulers additional flexibility during a period when demand could rise.
The Federal Motor Carrier Safety Administration (FMCSA) announced the waiver Wednesday, with the measure taking effect immediately. Under the temporary exemption, drivers transporting motor fuel may spend up to 16 hours behind the wheel in a 24-hour period.
Under the standard HOS rules, drivers are generally limited to 11 hours of driving within a 14-hour duty period and must take a 30-minute break after eight hours of driving.
FMCSA said the temporary measure was introduced in anticipation of potentially higher fuel demand during the final weeks of summer and most of the fall.
“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,” the agency said in its announcement.
Different rest requirements depending on the truck
The waiver allows a driver to operate for no more than 16 hours within any 24-hour period. Rest requirements depend on the vehicle configuration.
For trucks equipped with a sleeper berth, drivers must take a consecutive six-hour break. For trucks without a sleeper berth, the required rest period is eight consecutive hours.
The exemption also includes a series of conditions and compliance requirements that are generally associated with FMCSA waivers.
Carriers subject to an out-of-service order cannot use the waiver. Drivers must carry a physical copy of the waiver while operating under its provisions, and they must hold a valid commercial driver’s license (CDL). Drivers employed by carriers with a conditional safety rating are also excluded from using the exemption.
Additional provisions require employers to provide a driver with immediate rest when the driver requests it.
Duffy highlights potential supply chain impact
The nationwide waiver was significant enough to prompt a statement from U.S. Transportation Secretary Sean Duffy.
Duffy said short-term disruptions in the fuel supply chain can delay gasoline and diesel shipments, potentially affecting the movement of freight. He argued that allowing drivers transporting critical fuel supplies to work additional hours, provided they are not fatigued, can help protect against shortages, reduce costs for consumers at the pump and ease pressure on agricultural producers.
“Short-term supply chain disruptions can delay gasoline and diesel shipments, which in turn can impact freight delivery shipments,” Duffy said. “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.”
Only two other FMCSA waivers remain active
FMCSA currently lists just two other active waivers, one in Nebraska and one in Oregon, both tied to recovery efforts following wildfires.
Most FMCSA waivers are limited to specific regions. The latest nationwide exemption is particularly notable because the previous nationwide waiver remained in place for more than two years during the COVID-19 emergency response.
That earlier waiver was ultimately canceled after the pandemic-related emergency conditions that prompted it had passed.
