FMCSA waives hours-of-service and ELD rules for truckers hauling fertilizer
The Federal Motor Carrier Safety Administration (FMCSA) issued a waiver for commercial vehicle drivers in certain states due to an “urgent fertilizer supply shortfall.”
On May 26, 2026, FMCSA issued a waiver for motor carriers and drivers hauling straight or blended fertilizer products in many states.
The waiver is in effect from 12:00 a.m. on May 26, 2026, through 11:59 p.m. on August 26, 2026.
The waiver provides relief from hours-of-service limitations in 49 CFR 395.3 and the requirement for drivers to use an ELD to record the driver’s duty status in 49 CFR 395.8(a)(1)(i) for motor carriers and drivers transporting straight or blended fertilizer products for commercial farming and agricultural purposes.
Drivers hauling hazmat are not included under the waiver.
The waiver applies to the following states:
- Alabama
- Arkansas
- California
- Delaware
- Florida
- Georgia
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maryland
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- South Carolina
- South Dakota,
- Tennessee
- Texas
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
“The U.S. Department of Agriculture has announced a full-scale, all-of-government effort to strengthen the country’s fertilizer supply, including efforts to lower shipping costs, expand fertilizer production, and cut red tape so that fertilizers reach America’s farmers. As part of this coordinated action and in response to a request from The Fertilizer Institute, FMCSA issues this waiver to provide needed relief from specified FMCSRs for motor carriers and driver transporting fertilizer products in CMVs for commercial farming and agricultural purposes in select States, subject to the terms, conditions, and restrictions set forth below,” FMCSA said.
Drivers operating under the waiver must abide by the following conditions:
- A driver must not drive more than 16 hours in any 24-hour period. This limit applies even if a driver is also operating under the agricultural operations exception in 49 CFR § 395.1(k). 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 break in each 24-hour period.
- Drivers who do not use an ELD must use paper records of duty status (RODS) and supporting documents, maintain RODS and supporting documents for 6 months from the date the record is prepared, and make RODS and supporting documents accessible to FMCSA and law enforcement upon request.
- 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 5 business days of a crash, as defined in 49 CFR 390.5, involving any driver operating under the terms of this waiver.