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What Trucking Companies Need to Know
The Trump administration has temporarily expanded hours-of-service flexibility for certain truck drivers transporting gasoline and diesel fuel. The 90-day Federal Motor Carrier Safety Administration waiver is intended to help keep fuel moving during supply disruptions and periods of increased demand.
For trucking company owners and fleet managers, the change may create new capacity—but only for qualifying fuel-hauling operations. It is not a general suspension of hours-of-service rules, and it does not apply to every driver, load or carrier.
The waiver took effect at 12:00 a.m. on September 16, 2026, and is scheduled to expire at 11:59 p.m. on December 16, 2026. Companies planning to use it should update dispatch procedures, verify eligibility and strengthen fatigue-management controls before assigning longer shifts.
What Changed Under the FMCSA Waiver?
Under normal federal property-carrier rules, an eligible driver generally may drive for up to 11 hours after 10 consecutive hours off duty and may not drive beyond the 14th consecutive hour after coming on duty.
The temporary waiver allows drivers transporting gasoline and diesel fuel in interstate commerce to drive for up to 16 hours in any 24-hour period. That 16-hour ceiling applies even when a driver might otherwise qualify for another exception, exemption, waiver or emergency declaration.
The waiver also covers an empty return trip to the carrier’s terminal or the driver’s normal work-reporting location. It does not automatically cover unrelated freight hauled before or after a fuel delivery.
This is an important operational distinction: the waiver applies to specific transportation activity, not to a carrier’s entire fleet.
Mandatory Rest Requirements Still Apply
Drivers using the waiver must take a minimum of six consecutive hours in a sleeper berth during every 24-hour period. When the commercial vehicle does not have a sleeper berth, the driver must receive at least eight consecutive hours off duty during that period.
In addition, a carrier must immediately allow a driver who says that rest is needed to reach a suitable, safe location and take at least 10 consecutive hours off duty before driving again.
The extra flexibility should therefore be treated as available capacity—not as a daily production target. Dispatchers should never pressure drivers to use the full 16 hours or discourage them from reporting fatigue.
Which Drivers and Carriers Are Eligible?
The waiver is limited to motor carriers and drivers transporting gasoline or diesel fuel. Drivers must hold a valid commercial driver’s license with every endorsement required for the vehicle and cargo.
The following are not eligible:
- Motor carriers with a conditional safety rating
- Motor carriers or drivers subject to an active out-of-service order
- Drivers who are disqualified or have lost applicable driving privileges
Every participating driver must carry a physical or digital copy of the waiver and provide it to law enforcement upon request.
All other applicable federal and state requirements remain in force. The waiver does not suspend drug and alcohol testing, CDL rules, hazardous-materials regulations, insurance requirements, vehicle size and weight limits or other portions of the Federal Motor Carrier Safety Regulations that are not specifically waived.
What This Means for Trucking Company Owners
For eligible fuel carriers, the temporary rule can make it easier to cover urgent deliveries, respond to regional shortages and use available equipment more efficiently. A carrier may be able to complete additional stops or reposition an empty unit without immediately assigning another driver.
However, longer legal driving time does not automatically mean a load will be more profitable. Owners should calculate the full cost of each assignment, including:
- Driver overtime or premium compensation
- Higher fuel and maintenance costs
- Detention and terminal delays
- Insurance and safety exposure
- Additional supervision and recordkeeping
- The availability of safe parking and rest locations
Fuel-price volatility can also shrink margins on existing contracts. Carriers should review fuel-surcharge language, rate-confirmation terms and customer agreements instead of assuming that additional driving hours will offset higher operating costs.
What Fleet Managers Should Do Now
1. Identify Exactly Which Loads Qualify
Create a dispatch code for gasoline and diesel movements covered by the waiver. Do not apply the temporary rules to general freight, even when the same driver or tractor is used.
2. Verify Carrier and Driver Eligibility
Confirm the carrier’s safety rating, check for out-of-service orders and verify each driver’s CDL status and required endorsements before dispatch.
3. Give Drivers a Copy of the Waiver
Place a digital copy in the driver app or ELD document library and provide a printed copy as a backup. Drivers should understand what the waiver covers and be prepared to explain the qualifying movement during an inspection.
4. Update Dispatch and ELD Procedures
Work with the ELD provider or compliance team to determine how covered operations should be annotated. Preserve records showing the commodity transported, shipment dates, origin, destination and any empty return movement.
5. Build a Fatigue Escalation Process
Give drivers a direct method to report fatigue without penalty. Dispatchers should know how to locate safe parking, reassign a load and document the required 10-hour rest period.
6. Plan the Return to Normal Operations
When a driver moves from waiver-covered work to ordinary operations, a 10-hour break is required if total time spent in waiver operations—or combined waiver and normal operations—reaches or exceeds 14 hours.
This transition rule should be built into dispatch planning so a driver is not assigned an ineligible follow-up load.
7. Prepare for Crash Reporting
If a driver operating under the waiver is involved in a crash meeting the federal definition, the carrier must notify FMCSA within two business days.
The report must include the driver, vehicle, location, injuries or fatalities, citations and hours information specified in the waiver. Companies should assign responsibility for collecting and submitting this information before an incident occurs.
Safety and Documentation Matter More—Not Less
The waiver gives qualifying fleets added flexibility, but it also creates a need for stronger oversight. A compliant operation should be able to show why a load qualified, when required rest occurred, how fatigue reports were handled and how the driver transitioned back to normal operations.
Fleet managers should monitor leading indicators such as late-night driving, schedule changes, hard-braking events, near misses and driver-reported fatigue.
If safety performance begins to decline, the carrier should reduce or suspend its use of the waiver. FMCSA retains the authority to revoke the relief for an individual carrier or driver—or more broadly—if the waiver results in a lower level of safety.
The Bottom Line
The Trump administration’s temporary fuel-hauling waiver can help eligible carriers respond to supply pressures through December 16, 2026. It does not create a blanket 16-hour workday for the trucking industry.
Trucking company owners and fleet managers should use the waiver selectively, confirm that every driver and load qualifies, document covered operations carefully and maintain a clear fatigue-management policy.
The companies that benefit most will be those that turn temporary flexibility into disciplined capacity—without treating safety protections as optional.
This article provides general information and is not legal or compliance advice. Motor carriers should review the complete waiver and consult qualified compliance or legal professionals regarding specific operations.
