Regulations

FMCSA restores 30-day emergency HOS relief for disaster-response hauls

A final rule changes 49 CFR 390.23(b) from 14 days to 30 days of automatic hours-of-service exemption for drivers giving direct assistance in declared regional emergencies; Federal Register publication is set for Oct. 5, effective the same day.

By CDLWire · Published October 3, 2026 · Updated October 5, 2026, 5:10 PM CT

Summarized from truckdrivernews.com.

A semi truck parked at a highway rest area at dawn while a driver reviews an hours-of-service logbook beside the cab

The Federal Motor Carrier Safety Administration has finalized a rule that restores a 30-day automatic hours-of-service exemption for drivers giving direct assistance during declared regional emergencies, according to truckdrivernews.com on Oct. 2. The final rule changes the number "14" to "30" in 49 CFR 390.23(b), and is scheduled for publication in the Federal Register on Oct. 5, 2026, taking effect the day it is published.

The change reverses a 2023 cut: in October 2023, FMCSA had reduced the automatic relief period from 30 days to 14 days, a move that drew objections from trucking groups and several states. FMCSA proposed returning to 30 days in January 2026 and has now made it final.

The relief does not apply to every driver in an emergency zone. It covers only commercial vehicles giving "direct assistance" during a qualifying emergency declared by a governor, an authorized state official, or FMCSA — typically freight tied to fuel, food, power, emergency supplies, and other key services. And the 30 days is a ceiling, not a guarantee: if the emergency ends sooner, drivers return to normal HOS rules. FMCSA can extend relief beyond 30 days when needed.

Supporters of the longer window included the Owner-Operator Independent Drivers Association, the Commercial Vehicle Safety Alliance, the National Propane Gas Association, and the National Energy & Fuels Institute, along with transportation departments from Idaho, Montana, North Dakota, South Dakota, and Wyoming. Those five states said there was no record of bad safety results from HOS emergency relief. The National Tank Truck Carriers took no position either way.

FMCSA expects the longer automatic period to cut extension requests from about 50 a year to about 25, reducing yearly industry paperwork to about 6.25 hours and saving roughly $1,429 in labor. The rule should matter most to drivers hauling through hurricanes, floods, winter storms, wildfires, and fuel disruptions — anyone who has ever watched a 14-day cutoff arrive mid-recovery.

Source: truckdrivernews.com