Fuel HOS Waiver Until Dec 16: What Truckers Need

The waiver covers interstate motor carriers and drivers transporting gasoline and diesel fuel. While it is active, FMCSA waives the normal HOS limits in 49 CFR 395.3 for those loads. Driving is capped at 16 hours in any 24-hour period — even if you stack another exception or waiver. FreightWaves (Sep 18) and the FMCSA notice both stress the same frame: more clock for fuel, not blank-check workdays.

Rest still matters. If the truck has a sleeper berth, the driver needs a consecutive break of six hours; without a sleeper, eight hours. If a driver says they need immediate rest, the carrier must let them find a safe spot and take at least 10 consecutive hours off duty before driving again. A paper copy of the waiver must ride with the driver. Valid CDL with the right endorsements is required.

Empty return trips to the terminal or normal work reporting location can stay under the waiver — but the rest rule still applies if the driver asks for it. Crash notification is mandatory: tell FMCSA within two business days of any crash involving a driver operating under the waiver (email MCPSD@DOT.GOV with the details the notice lists).

Not every fuel hauler can use it. Motor carriers with a conditional safety rating are not eligible. Carriers or drivers under an out-of-service order stay out until the order is rescinded in writing. Drivers who are disqualified or missing needed endorsements cannot run under the waiver either.

Secretary Duffy framed the move as protection against fuel shortages and cost pressure for families and ag producers. That policy goal does not soften underwriting. A conditional SMS/safety rating that already slows COIs and renewals also blocks this HOS flexibility — so the same file that hurts insurance can now also cut fall fuel capacity.

1. Fatigue and claim narrative. Longer driving windows raise the questions every adjuster asks after a wreck: hours on duty, last rest, ELD trail, and whether the waiver terms were followed.

2. Eligibility gaps. Running the waiver while conditional-rated or OOS is a compliance miss that can complicate liability defense and renewal.

3. Endorsements and hazmat-adjacent fuel work. Gasoline and diesel lanes still need the right CDL credentials; gaps show up on audits and underwriter checklists.

4. Documentation. Keep the waiver copy, ELD exports, dispatch notes, and any crash notice receipts with the DQ and safety files — before your insurer asks.

If you haul fuel this fall, treat Dec 16 as a hard clock. Pair HOS planning with a coverage review on primary liability, cargo where it applies, and physical damage so a busy season does not become a coverage gap season.

Need a fuel-lane insurance check while the waiver runs? Call (360) 936-7196 or start at https://www.supremetruckinginsurance.com/quote. Owner-ops can also review https://www.supremetruckinginsurance.com/owner-operator and fleets https://www.supremetruckinginsurance.com/fleet.