Snow, Ice, and Arctic Cold Trigger Massive FMCSA HOS Waiver for Truck Drivers

FMCSA’s 40-State Winter Storm HOS Waiver Explained for Motor Carriers

Federal Motor Carrier Safety Administration (FMCSA) has issued a sweeping Regional Emergency Declaration granting temporary hours-of-service (HOS) relief for motor carriers and drivers providing direct assistance during a wave of severe winter storms and extreme cold affecting much of the country.

The declaration took effect January 23, 2026, and runs through February 6, 2026, unless modified or ended sooner as conditions change. The goal is to keep essential supplies moving while maintaining baseline safety requirements.

Bottom Line for Carriers

This 40-state winter waiver gives fleets the flexibility needed to respond to widespread snow, ice, and extreme cold, but it’s not a blanket exemption.

Carriers should:

• Confirm loads qualify as direct assistance
• Document emergency dispatches clearly
• Maintain all other safety and compliance requirements
• Plan for required rest before returning to standard operations

Used correctly, the waiver helps keep communities supplied and safe during a nationwide winter emergency without compromising long-term compliance.

What Happened: Snow, Ice, and Extreme Cold Across the U.S.

This winter system wasn’t confined to one region, it sprawled nearly coast to coast with different hazards in each area:

• Midwest & Upper Plains (ND, SD, MN, WI, MI, IA, NE): Prolonged sub-zero temperatures, blowing snow, and icy interstates created whiteout conditions and shutdowns.
• Northeast & Mid-Atlantic (PA, NY, NJ, MA, CT, VT, NH, RI, MD, DC): Heavy snowfall, freezing rain, and refreeze cycles led to slick roads and reduced visibility.
• South & Southeast (TX, OK, AR, LA, MS, AL, GA, FL, SC, NC, TN): A rare southern ice event brought freezing rain to bridges and elevated roadways, often more dangerous than snow due to limited treatment capacity.
• Mountain West & Rockies (CO, MT, WY): Mountain snow and extreme cold caused pass closures and slowdowns on key freight corridors.

Together, these conditions strained supply chains, such as fuel, food, medical supplies, and utilities, prompting FMCSA to act.

Who Is Covered

The waiver applies to motor carriers and drivers providing direct assistance to emergency relief efforts in the affected 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, WY

Relief applies regardless of trip origin, as long as the operation supports emergency response in these states.

What HOS Relief Is Granted

Temporary relief from:

• 49 CFR § 395.3 – Property-carrying vehicle driving limits
• 49 CFR § 395.5 – Passenger-carrying vehicle driving limits

This flexibility allows drivers to reposition equipment, deliver critical loads, and restore essential services without running afoul of standard HOS limits during the emergency phase.

What Counts as “Direct Assistance”

Covered activities include transportation or services that directly support the immediate restoration of essential supplies or services, such as:

• Fuel and energy products
• Food and water
• Medical supplies
• Utility repair support tied to immediate response

Not covered:

• Routine commercial deliveries
• Mixed loads with only nominal emergency supplies
• Long-term recovery or infrastructure projects after the emergency phase

Key Restrictions Carriers Must Remember

Even with HOS relief, most FMCSRs remain fully in effect, including:

• CDL requirements
• Drug & alcohol testing
• Insurance/financial responsibility
• HAZMAT rules
• Size and weight limits

Additional limits:

• Out-of-service drivers or carriers are not eligible until the order is lifted.
• Once a driver transitions from emergency work to normal operations, a 10-hour break is required if total on-duty time reaches 14 hours or more.

Duration and Next Steps

• Effective: January 23, 2026
• Scheduled expiration: February 6, 2026 (11:59 p.m. ET)
• FMCSA may extend, modify, or terminate the declaration as weather conditions evolve.