Fuel Hauler HOS Waiver: What Carriers Need to Know
By iAgency
If you haul fuel, you have more room on the clock this fall. In September, the Federal Motor Carrier Safety Administration (FMCSA) issued a nationwide hours-of-service waiver for trucks hauling gasoline and diesel. On October 14, FMCSA Administrator Derek Barrs expanded it to cover ethanol and some heating oil loads. The waiver runs through December 16, 2026. Here is what it allows, what it does not change, and how to use it without putting your safety record or your insurance at risk.
Key takeaways
More driving time, with a hard cap. Covered drivers may drive up to 16 hours in any 24-hour period instead of the usual 11.
More products now qualify. Gasoline, diesel, ethanol and denatured ethanol are covered. Heating oil counts when it rides in a compartmentalized load with one of those fuels.
Rest rules still apply. Drivers need at least 6 hours in the sleeper berth, or 8 hours off duty without a sleeper, in every 24 hours.
Insurance and hazmat rules do not change. The waiver only touches hours of service.
What the fuel hauler HOS waiver allows
Under normal rules, a property-carrying driver may drive 11 hours within a 14-hour window. FMCSA's waiver sets those limits aside for interstate carriers hauling covered fuels. Instead, a driver may not drive more than 16 hours in any 24-hour period. That cap holds even if another exemption or declaration is also in use.
Transportation Secretary Sean Duffy said when the waiver was first issued that "short-term supply chain disruptions can delay gasoline and diesel shipments." FMCSA pointed to harvest season, holiday travel and higher expected demand for heating fuel as reasons for the October expansion.
Covered products. Gasoline, diesel, ethanol and denatured ethanol. Heating oil is covered only in a compartmentalized cargo tank that also carries one or more of the other fuels, and heating oil may make up no more than 75% of that shipment.
Dates. The waiver took effect September 16, 2026 and ends at 11:59 p.m. on December 16, 2026, unless FMCSA ends it early.
Deadhead miles. Driving empty back to the terminal or normal work location is also covered.
The rules that still apply
The waiver is narrow. It gives relief from the hours-of-service limits and nothing else. Every other federal safety rule stays in force, including:
Drug and alcohol testing
CDL and endorsement requirements
Hazardous materials rules for placarding, shipping papers and tank cargo
Minimum insurance requirements under 49 CFR Part 387
Vehicle size and weight limits
The insurance point matters most here. Your filings, limits and policy terms do not loosen just because your driving hours did. If you take on more fuel loads, make sure your policy lists the right commodities and operations. Our trucking specialty coverage page covers tanker and hazmat operations in more detail.
Who cannot use the waiver
Some carriers and drivers are left out:
Carriers or drivers under an out-of-service order, until the order is lifted in writing
Carriers with a conditional safety rating
Drivers without a valid CDL and the right endorsements, or who are disqualified
If you are not sure about your safety rating, check your FMCSA record before you dispatch anyone under the waiver.
How to use extra hours safely
Sixteen hours behind the wheel is a long day. The waiver is a tool for tight supply weeks, not a new normal. A few steps help protect your drivers and your record:
Honor every rest request. If a driver says they need rest, the carrier must let them stop at a safe place and take at least 10 hours off before driving again.
Keep a copy in the cab. Drivers must carry a paper or digital copy of the waiver and show it to officers on request. Store the PDF on the tablet with the ELD.
Plan the return to normal hours. When waiver time and regular time reach 14 hours or more combined, the driver needs a 10-hour break before going back to normal operations.
Track who runs under the waiver. FMCSA can ask how many of your drivers used it.
Report crashes fast. A crash involving a driver on the waiver must be reported to FMCSA within two business days.
Watch fatigue closely. Long days raise crash risk, and a crash is the fastest way to raise your premium. Our risk control services team can help you set fatigue and dispatch policies.
Fuel costs are already high for most carriers. For more ways to manage them, see Diesel Prices Doubled: What Truckers Should Do Now.
Hauling more fuel this season and want to make sure your coverage fits? Start an online quote and we will review it with you.
Frequently asked questions
Does the waiver apply in every state?
It applies to interstate carriers hauling covered fuels and does not name a region. States may choose to adopt the same relief for intrastate trips, so check your state rules for in-state moves.
Can my drivers skip the 30-minute break?
The 30-minute break is part of 49 CFR 395.3, the section the waiver sets aside. For covered loads, the 16-hour cap and the waiver's own rest periods apply instead. Keep the waiver copy handy to show officers.
Do I need to tell my insurance agent I am using the waiver?
The waiver does not change your policy. But if you are adding new fuel products, more loads or new drivers, tell your agent so your coverage matches what you haul.
What happens after December 16?
Normal hours-of-service rules return unless FMCSA extends or changes the waiver. Watch FMCSA's website for updates.
About iAgency
iAgency is a commercial trucking insurance agency for owner-operators, small fleets and the partners who support them. Call or text 469-501-1071, email coi@iagency.biz for certificates, or get an online quote.
Source: Transport Topics, FMCSA Adds Ethanol, Heating Oil to Fuel Hauler Waiver (Oct. 21, 2026). Waiver terms checked against the FMCSA hours-of-service waiver for transportation of fuel (Sept. 16, 2026).
Photo: ALE SAT on Unsplash.
This article is general information, not coverage or legal advice. Coverage depends on your policy terms.