FMCSA widens fuel hauler hours-of-service waiver to ethanol and heating oil

The Federal Motor Carrier Safety Administration has expanded an emergency hours-of-service waiver for fuel haulers so that it now covers ethanol, denatured ethanol and some heating oil loads, in addition to gasoline and diesel.

FMCSA Administrator Derek Barrs signed the amended waiver on Oct. 15, according to the waiver document posted on FMCSA's website. The agency pointed to global supply disruptions and expected increases in fuel demand for transportation, agricultural harvesting and the traveling public.

Background

Transportation Secretary Sean Duffy announced the original 90-day waiver for gasoline and diesel in September, Transport Topics reported. The waiver took effect at 12:00 a.m. on Sept. 16 and runs through 11:59 p.m. on Dec. 16.

What the waiver allows

Interstate carriers and drivers hauling diesel, gasoline, ethanol or denatured ethanol may drive up to 16 hours in any 24-hour period.

Heating oil is covered only as part of a compartmentalized load that also carries one or more of the four main fuel products, and only if heating oil makes up no more than 75% of the total shipment in a single compartmentalized cargo tank.

Conditions drivers must meet

The waiver is not a blank check. Drivers operating under it must:

• Take at least six consecutive hours in the sleeper berth every 24 hours, or eight consecutive hours off duty if the truck has no sleeper.
• Hold a valid CDL with the required endorsements and not be under an out-of-service order, disqualification or loss of driving privileges.
• Carry a paper or digital copy of the waiver and show it to enforcement on request.
• Take a 10-hour break before returning to normal operations if time under the waiver and normal operations together total 14 hours or more.

Any driver who asks for immediate rest must be allowed to stop at a safe location and get at least 10 consecutive hours off duty before driving again. The waiver also covers the empty return trip to the carrier's terminal or the driver's normal reporting location.

The 16-hour cap applies even if a driver is also using another hours-of-service exception, waiver or exemption, and the waiver does not relax any other rules, including drug and alcohol testing, CDL, insurance, hazardous materials, or size and weight requirements.

Who is excluded

The waiver does not apply to carriers or drivers under an out-of-service order, or to carriers operating with a conditional safety rating.

Carrier obligations

Carriers must track how many drivers are running under the waiver and provide that number to FMCSA if asked. They must also notify FMCSA by email within two business days of any crash involving a driver operating under the waiver, with details including the driver's on-duty time in the seven days before the crash. FMCSA can revoke the waiver for a carrier or driver if safety slips.

What it means for drivers and fleets

For tank carriers serving ethanol plants, blending terminals and home heating oil distributors, the change adds flexibility heading into the colder months. Fleets should:

• Make sure dispatchers know exactly which products and load mixes qualify, especially the 75% heating oil limit.
• Keep a copy of the current waiver in every cab or on the ELD tablet.
• Set up a simple log of which drivers use the waiver so the count is ready if FMCSA asks.
• Remind drivers that they can stop and rest whenever they need to, and that the carrier must allow it.

Drivers should remember that the waiver stretches driving time, not their own limits. Fatigue is still the biggest risk on long fuel runs.