Federal and State Temporary Hours of Service Waivers Issued for Fuel Distribution
FMSCA Regional Waiver
On January 10, 2025, the Federal Motor Carrier Safety Administration (FMCSA) issued Regional Emergency Declaration No. 2025-001 in response to severe winter storms, extreme cold, and heightened demand for heating fuel. The declaration provides temporary regulatory relief to motor carriers and drivers transporting heating fuel, such as propane, natural gas, and heating oil, across 49 states and the District of Columbia.
The states included in the declaration are: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, along with the District of Columbia.
The relief specifically exempts drivers from maximum driving time regulations (49 CFR § 395.3) while engaged in emergency relief efforts. Other safety regulations, such as controlled substance testing, licensing, and vehicle size and weight limits, remain in effect. The declaration prohibits routine commercial deliveries and requires a 10-hour rest period after combined emergency and normal operations exceed 14 hours. This federal waiver is effective immediately and remains in place until January 31, 2025, at 11:59 PM ET, or until the emergency ends, whichever comes first.
Pennsylvania Intrastate Waiver
In Pennsylvania, the Department of Transportation (PennDOT) has issued Waiver 2025-01 for intrastate commercial vehicle operators. This waiver, effective from January 10, 2025, at 12:00 PM to January 25, 2025, at 11:59 PM, temporarily exempts drivers transporting on-road diesel fuels, home heating fuels, propane, and kerosene within the state from hours-of-service limitations under 67 Pa. Code §§ 231.1 et seq.
Under the waiver:
- The maximum driving time is extended from 11 hours to 14 hours.
- Drivers must take 10 consecutive hours off-duty between driving periods.
- The 60/70-hour weekly on-duty limit is also waived.
Both the federal and state measures aim to ensure the timely transportation of critical heating fuels during this emergency period. For questions, please contact Wendy Palermo (wpalermo@pmta.org.)