Nebraska waives dyed-diesel rules, Montana adopts fuel-hauler HOS waiver

Nebraska Gov. Jim Pillen signed two executive orders on September 24 giving agricultural haulers 90 days of regulatory relief as diesel prices sit at historic highs. Under the first order, highway-registered vehicles may hold, sell, or use untaxed, dyed diesel without facing state fines or penalties, and diesel taxes paid while hauling Nebraska seasonal products or livestock on state roads can be refunded by filing Form 84AG with the Nebraska Department of Revenue.

The second order tackles weight limits: vehicles moving seasonally produced products and livestock may operate up to 25% over legal gross and axle group weight limits, with no additional permits or fees. "Our farmers and ranchers are the backbone of our state," Pillen said. "It's critical that I do everything in my power to make sure they are supported, especially during this season where they are working day in and day out to get the crops out of the ground."

Pillen also wrote to President Donald Trump asking for a temporary 90-day pause on U.S. diesel exports to foreign countries, which he said would let domestic diesel reserves rebuild and lower costs for consumers and producers through harvest season. The president publicly suggested such an export pause last week but later cast some doubt on whether the administration would take that route.

Meanwhile, Montana Gov. Greg Gianforte issued an executive order adopting FMCSA's federal hours-of-service waiver for fuel haulers at the state level. Intrastate gasoline and diesel haulers in Montana now operate under the same HOS terms FMCSA already applies to interstate carriers; the order took effect immediately and runs through December 16, matching the federal waiver's duration, and leaves all other safety requirements in place. "Montana families, farmers, and businesses depend on a steady, reliable supply of gasoline and diesel," Gianforte said. FMCSA issued the federal waiver on September 16 and invited states to extend the same relief inside their borders.

Why it matters

The relief map keeps growing: Texas and Alabama moved on dyed diesel last week, and now Nebraska and Montana are writing their own orders. If you haul ag in Nebraska, dyed diesel and heavier loads are now legal there for 90 days — but keep your Form 84AG records clean, because the fuel tax itself is still owed. Fuel haulers running Montana intrastate get the same hours flexibility interstate drivers already have through mid-December.