Tuesday, January 27, the New York State Department of Transportation issued a new Intrastate Fuel Hours-of-Service (HOS) Waiver in response to extended cold temperatures, winter storms, and multi-state fuel supply chain disruptions.
Effective: Beginning January 27, 2026
Expires: End of day February 6, 2026, unless otherwise extended
What the Waiver Does
For intrastate transportation of heating fuels and transportation fuels within New York State, NYSDOT has temporarily modified 17 NYCRR §820.6 as follows:
-
Maximum on-duty limits increased to:
-
84 hours in 8 days (up from 70)
-
74 hours in 7 days (up from 60)
-
-
Maximum workday extended to 16 hours (up from 14)
-
Requires 8 consecutive hours off-duty to reset the 16-hour day
-
-
Restart reduced from 34 hours to 24 hours
-
Carriers may use a qualifying 24-hour restart taken prior to January 27
-
-
Waiting time excluded from on-duty calculations when waiting in a commercial motor vehicle at loading, unloading, or terminal facilities
-
No additional reset required to take advantage of this relief
Important Reminders
-
Drivers may not operate while fatigued or ill
-
All CDL, drug & alcohol testing, and insurance requirements remain in effect
-
Carriers under a state or federal out-of-service order are not eligible
-
This order replaces and abrogates the waiver issued on January 21, 2026
As a reminder, ESEA is actively engaged with our state and federal partners and will continue monitoring conditions closely. Members are encouraged to keep ESEA informed of any operational challenges, supply disruptions, outages, or compliance issues they are experiencing, as this information is critical to our ongoing coordination and advocacy efforts. We will keep members updated on any changes, extensions, or additional relief.
Members should download and keep a copy of the waiver in the vehicle while operating under this relief.
Please contact ESEA with any questions.
Thank you and stay safe!
