FMCSA extends multi-state hours-of-service waiver for winter storm emergency

The Federal Motor Carrier Safety Administration (FMCSA) will provide extended regulatory relief for truck drivers and motor carriers in dozens of states in the wake of a major winter weather event.

On Tuesday, FMCSA issued an extension of a previous waiver that will allow regulatory relief through February 20, 2026, for carriers providing direct assistance for Winter Storm Fern.

FMCSA issued the extension “because emergency conditions have not abated.”

The previous waiver issued on January 23 was set to expire on February 6.

The waiver provides regulatory relief from 49 CFR § 395.3 (maximum driving time for property-carrying vehicles) for truck drivers providing direct assistance supporting emergency relief efforts in the affected states.

Carriers may operate under the waiver regardless of the origin of the trip so long as the carrier or driver is providing direct assistance to the emergency in one of the affected states.

States included in the waiver are:

• Alabama
• Arkansas
• Colorado
• Connecticu
• Delaware
• District of Columbia
• Florida
• Georgia
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maryland
• Massachusetts
• Michigan
• Mississippi
• Minnesota
• Missouri
• Montana
• Nebraska
• New Hampshire
• New Jersey
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Vermont
• Virginia
• West Virginia
• Wisconsin
• Wyoming

“Direct assistance does not include transportation related to long-term rehabilitation of damaged physical infrastructure after the initial threat to life and property has passed, nor does it include routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of the Declaration,” FMCSA said.

Carriers using the HOS waiver should be aware that:

• All other FMCSRs remain in effect, including CDL, drug and alcohol testing, insurance, HAZMAT, and size/weight requirements
• Out-of-service drivers or carriers are NOT eligible until the order is officially lifted
• When emergency assistance ends, normal HOS rules apply, with required rest breaks before resuming standard operations