FMCSA extends winter weather HOS waiver in 40-states

The Federal Motor Carrier Safety Administration (FMCSA) has extended its 40 state Regional Emergency Declaration granting temporary hours-of-service (HOS) relief for qualifying motor carriers and drivers supporting winter storm and extreme cold response, allowing fleets to prioritize emergency operations while maintaining safety requirements.

The declaration covers the following states: 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, and WY.

Under the declaration, qualifying operations receive temporary relief from:

• 49 CFR §395.3 – property-carrying driving limits

• 49 CFR §395.5 – passenger-carrying driving limits

Relief applies regardless of trip origin, as long as the movement supports emergency assistance in affected states. Covered operations include transportation or services supporting the immediate restoration of essential supplies or services during the emergency phase.

However, the waiver does not apply to routine commercial deliveries, mixed loads with only nominal emergency supplies, or long-term recovery and infrastructure repair once the emergency period has passed. All other FMCSRs remain in effect, including CDL requirements, drug and alcohol testing, insurance, HAZMAT, and size and weight regulations. Drivers or carriers currently out-of-service are not eligible until that status is officially lifted.

The waiver is effective Feb. 3 through Feb. 20, 2026, or until the emergency ends, whichever comes first. FMCSA may modify, extend, or terminate the declaration based on changing conditions.