FMCSA issues storm emergency hours of service waivers for 40 states

Updated Jan 28, 2026
Missouri State Highway Patrol body camera footage from the weekend's winter storm
Missouri State Highway Patrol body camera footage from the weekend's winter storm
Missouri State Highway Patrol

The massive winter storm that spread ice and freezing rain on some parts of the country and blizzard-like conditions elsewhere prompted the Federal Motor Carrier Safety Administration to enact hours of service waivers for some truckers in numerous states.

The FMCSA said in a statement it has issued a Regional Emergency Declaration providing temporary hours-of-service relief for certain motor carriers and drivers due to severe winter storms and extreme cold.

The waiver is effective through Feb. 6, or until the emergency ends, whichever comes first. FMCSA said it may modify, extend, or terminate the declaration based on conditions. 

This waiver supports urgent winter emergency response while maintaining overall safety, according to the FMCSA. The waiver applies only to qualifying emergency operations and be sure to review the full waiver which can be found here

FMCSA said the waiver applies to motor carriers and drivers providing direct assistance to emergency relief efforts in the affected states. Those states include: AL, AR, CO, CT, DE, DC, FL, GA, IL, IN, IA, KS, KY, LA, MD, MA, MI, MS, MN, MO, MT, NE, NH, NJ, NY, NC, ND, OH, OK, PA, RI, SC, SD, TN, TX, VT, VA, WV, WI, WY 

Temporary relief is granted from: 

  • 49 CFR § 395.3 – Property-carrying vehicle driving limits
  • 49 CFR § 395.5 – Passenger-carrying vehicle driving limits 

Relief applies regardless of trip origin, as long as the operation supports emergency relief in the affected states, according to the FMCSA. That includes transportation or services supporting the immediate restoration of essential supplies or services during the emergency. 

The waiver does not apply to:

  • Routine commercial deliveries
  • Mixed loads with nominal emergency supplies
  • Long-term recovery or infrastructure repair after the emergency phase 

FMCSA said other key restrictions include:

  • All other FMCSRs remain in effect, including CDL, drug and alcohol testing, insurance, HAZMAT, and size/weight requirements
  • Out-of-service drivers or carriers are not eligible until the order is officially lifted
  • When emergency assistance ends, normal HOS rules apply, with required rest breaks before resuming standard operations
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