Creating workplaces where we all watch out for each other

Creating workplaces where we all watch out for each other

FMCSA Issues 40-State Winter Weather HOS Waiver

FMCSA has issued a Regional Emergency Declaration providing temporary hours-of-service (HOS) relief for certain motor carriers and drivers due to severe winter storms and extreme cold impacting multiple states. 

This waiver supports urgent winter emergency response while maintaining overall safety. Apply relief only to qualifying emergency operations and be sure to review the full waiver which can be found here

Who Is Covered 

Motor carriers and drivers providing direct assistance to emergency relief efforts in the affected states. 

States Affected 

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 

What Relief Is Granted 

Temporary relief 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. 

What Counts as Direct Assistance 

Transportation or services supporting the immediate restoration of essential supplies or services during the emergency. 

Does NOT include 

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

Key Restrictions 

  • 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. 

Duration 

Effective January 23, 2026, through February 6, 2026, or until the emergency ends, whichever comes first. FMCSA may modify, extend, or terminate the declaration based on conditions. 

For questions, follow established FMCSA and state coordination channels.


McCraren Compliance offers comprehensive safety training to help prevent accidents. Visit our class calendar to see how our training and consulting services can enhance your safety efforts.

Original article published by FMCSA

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