Due to continued severe winter weather, extended cold temperatures, and ongoing supply chain challenges, both federal and New York State Hours of Service (HOS) waivers remain in effect, providing additional flexibility for fuel transportation operations.
Below is a brief summary of the waivers currently in place.
Federal FMCSA Interstate HOS Waiver (Extended)
The Federal Motor Carrier Safety Administration (FMCSA) has extended its regional emergency declaration covering 40 states, including New York, through 12:59 p.m. (ET) on February 20, 2026, or until the emergency ends.
Key points:
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Applies to interstate transportation of essential goods and services
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Covers all fuels, including gasoline, diesel (including diesel for generators and snow removal equipment), heating oil, propane, kerosene, jet fuel, and fuel additives
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Relief applies when transporting fuel into or out of covered states, even when traveling through non-covered states
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Does not apply to intrastate-only deliveries
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Drivers returning to normal operations must take the required off-duty rest period once duty limits are reached
New York State DOT Intrastate HOS Waiver (Extended)
The New York State Department of Transportation has extended its intrastate HOS waiver for transportation fuels and heating fuels within New York State from January 27 through February 20, 2026, unless otherwise modified.
Key provisions:
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70-hour/8-day limit increased to 84 hours
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60-hour/7-day limit increased to 74 hours
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Maximum workday increased from 14 to 16 hours
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8 consecutive hours off duty required to reset
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34-hour restart reduced to 24 hours
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Waiting time at terminals, loading, and unloading facilities excluded from on-duty calculations
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All CDL, drug and alcohol testing, and insurance requirements remain in effect
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Carriers may not require or allow fatigued or ill drivers to operate
Ongoing Engagement
The association continues to work closely with state partners and through EMA at the federal level to monitor conditions, implementation, and any enforcement or operational issues related to these waivers. Members experiencing delivery disruptions, terminal delays, or enforcement questions are encouraged to notify the association so issues can be elevated and addressed.
