The Federal Motor Carrier Safety Administration has issued a temporary waiver providing hours-of-service and electronic logging device (ELD) relief for motor carriers transporting fertilizer products in interstate commerce, including operations in Pennsylvania. The waiver took effect May 26, 2026, and remains in place through August 26, 2026. 

According to FMCSA, the waiver was issued in coordination with the United States Department of Agriculture in response to an urgent fertilizer supply shortfall impacting American agriculture during the critical spring and summer application season. 

The waiver applies to motor carriers and drivers transporting straight or blended fertilizer products for commercial farming and agricultural purposes in 35 states, including Pennsylvania. 

Under the waiver, participating carriers are temporarily exempt from:

• Federal hours-of-service limitations in 49 CFR 395.3; and
• The requirement to use electronic logging devices (ELDs) under 49 CFR 395.8(a)(1)(i). 

However, FMCSA emphasized that the waiver does not eliminate all safety requirements. Drivers operating under the waiver remain subject to several operational limits and conditions intended to maintain an equivalent level of safety. 

Key Requirements Under the Waiver

Drivers operating under the fertilizer waiver:

• May not drive more than 16 hours in any 24-hour period;
• Must take at least 6 consecutive hours in the sleeper berth during each 24-hour period (or 8 consecutive hours off duty if no sleeper berth is available);
• Must maintain paper records of duty status if not using an ELD;
• Must hold a valid CDL and cannot be under an out-of-service order or disqualification. 

The waiver specifically does not apply to the transportation of placardable hazardous materials. 

FMCSA also clarified that all other applicable Federal Motor Carrier Safety Regulations remain in effect, including drug and alcohol testing requirements, CDL requirements, insurance requirements, hazardous materials regulations, and vehicle size and weight limits. 

Additionally, motor carriers utilizing the waiver must notify FMCSA within five business days of any crash involving a driver operating under the waiver. 

FMCSA stated that the waiver is intended to help ensure fertilizers reach American farmers while reducing regulatory barriers during the current supply disruption. The agency noted that the waiver aligns with existing agricultural exemptions already found in federal regulations and determined that the temporary relief is likely to maintain an equivalent level of safety when combined with the conditions placed on carriers and drivers. 

Pennsylvania motor carriers involved in fertilizer transportation should carefully review the full waiver and ensure compliance with all terms and conditions before operating under its provisions.

Waiver For The Transportation Of Fertilizer Products In Select States