Quick Summary
Source: Federal Motor Carrier Safety Administration
Effective: January 23, 2026
Expires: February 6, 2026 (11:59 p.m. ET), or sooner if emergency ends
FMCSA has issued a Regional Emergency Declaration providing temporary Hours-of-Service (HOS) relief for certain drivers and motor carriers due to severe winter storms and extreme cold affecting much of the United States.
What's Happening
On January 23, 2026, FMCSA declared that emergency conditions caused by winter storms and below-normal temperatures create a need for immediate transportation of essential supplies and services. As a result, regulators are granting temporary HOS flexibility for drivers and carriers directly supporting these relief efforts.
This waiver is intended to help keep critical freight — such as fuel, food, and other emergency supplies — moving safely during severe weather disruptions.
Who Is Covered
This waiver applies to motor carriers and drivers providing direct assistance to emergency relief efforts in the states listed in the federal declaration. The relief applies regardless of the trip’s origin, as long as the operation supports emergency activities in those states.
Affected states include (but are not limited to):
Alabama • Arkansas • Colorado • Connecticut • Delaware • D.C.
Florida • Georgia • Illinois • Indiana • Iowa • Kansas • Kentucky
Louisiana • Maryland • Massachusetts • Michigan • Mississippi
Minnesota • Missouri • Montana • Nebraska • New Hampshire
New Jersey • New York • North Carolina • North Dakota • Ohio
Oklahoma • Pennsylvania • Rhode Island • South Carolina
South Dakota • Tennessee • Texas • Vermont • Virginia
West Virginia • Wisconsin • Wyoming
What Relief Is Granted
Under this declaration, drivers and carriers are granted temporary relief from the following parts of the Federal Motor Carrier Safety Regulations (FMCSRs):
• 49 CFR § 395.3 – Maximum driving time for property-carrying vehicles
• 49 CFR § 395.5 – Maximum driving time for passenger-carrying vehicles
The relief is tied specifically to direct assistance supporting emergency relief efforts in the affected areas.
What Counts as “Direct Assistance”
Direct assistance includes transportation or services that support the immediate restoration of essential supplies or emergency services during the declared emergency. It does not include:
• Routine commercial deliveries
• Mixed loads with minimal emergency supplies
• Transportation related to long-term infrastructure repair after the emergency phase
⚠️ Important Conditions and Restrictions
Even with the waiver in place, most safety and regulatory requirements remain in effect. Drivers and carriers must still comply with:
• CDL requirements (licensing)
• Drug and alcohol testing rules
• Insurance and financial responsibility regulations
• Hazardous materials safety regulations
• Vehicle size and weight limits
Drivers or carriers subject to an out-of-service order are not eligible for waiver relief until that order is rescinded in writing.
When direct assistance ends — meaning the driver transitions to normal freight operations — the standard HOS rules apply again, and required rest breaks must be completed before resuming regular operations.
Duration of the Waiver
This Regional Emergency Declaration is effective immediately (January 23, 2026) and remains in effect through February 6, 2026, at 11:59 p.m. Eastern Time, or until the end of the emergency, whichever comes first. FMCSA may modify, extend, or terminate the waiver based on conditions.
What This Means for Drivers
This emergency waiver gives drivers flexibility in HOS limits only while hauling qualifying emergency relief freight in the affected areas. It does not mean drivers can ignore safety or fatigue considerations. Key takeaways:
• You must still stop if fatigued.
• Normal HOS resumes once emergency work is complete.
• Proper logging is required when direct assistance ends.
Use this relief only in true emergency operations to avoid violations.
💡 MyCDLCoach Tip: Always confirm with your dispatcher and review the official FMCSA Emergency Declaration if you are unsure whether your load qualifies under the waiver. Misuse can lead to citations or affect your CDL record.
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