FMCSA Rules on Hours of Service Waivers

On Friday, October 13, 2023, the Federal Motor Carrier Safety Administration released its final rule “Clarification to the Applicability of Emergency Exemptions”. In the Proposed Rulemaking, FMCSA sought to limit the duration of regional waivers to five days. NPGA submitted a comprehensive comment on the proposed rule, and in the final rule, the duration of regional waivers was set at fourteen days, subject to extension. This duration is the same amount of time provided in the forty-eight state waiver NPGA secured during the winter of 2022-23.

Further, FMCSA stated that it could issue a waiver in advance of an emergency when the emergency could be “reliably predicted.” NPGA is working with outside counsel and like-minded associations to assess our options with respect to that language, and how we can use it to benefit our members.

For questions or more information, please contact Vice President of Regulatory & Industry Affairs Benjamin Nussdorf.