FMCSA Restores 30-Day Hours-of-Service Relief After Regional Emergencies

Hours-of-service relief that kicks in automatically after a regional emergency declaration now lasts up to 30 days instead of 14. FMCSA published a final rule on October 5, 2026 (Docket FMCSA-2025-0124) and made it effective the same day.

The rule makes a single change. In 49 CFR 390.23(b), the number "14" becomes "30". This puts the automatic relief period back where it was before October 2023.

Who it covers

The relief applies when a governor, a governor's authorized representative or FMCSA declares a regional emergency. Motor carriers and drivers providing direct assistance in that emergency are exempt from the driving-time limits in sections 395.3 (property carriers) and 395.5 (passenger carriers). The exemption lasts for the emergency period or 30 days from the initial declaration, whichever is shorter.

A few things did not change:

• Scope. The automatic relief still covers only the hours-of-service limits in 395.3 and 395.5, not the rest of parts 390 through 399. It also still applies only to direct assistance.
• Shorter declarations. The exemption can't outlast the emergency. If a governor declares a 14-day emergency, relief lasts 14 days. If a 30-day declaration is cancelled after 20 days, the relief ends at 20 days too.
• Local emergencies. Relief after a local emergency declaration stays capped at 5 days.
• Extensions. FMCSA can still extend an exemption beyond 30 days under section 390.25.
• Heating fuel. The separate rule for residential heating fuel shortages, which covers all of parts 390–399 and can run up to 90 days, is unchanged.

How the 14-day limit came about

According to FMCSA's January 9, 2026 proposal, the agency narrowed its emergency rules in a final rule published October 13, 2023. That rule cut automatic regional relief from 30 days to 14. It also limited the relief to the hours-of-service rules, where before it had covered all of parts 390 through 399.

FMCSA then received seven petitions for reconsideration. They came from CVSA, the governors of North Dakota, Idaho and South Dakota, the Montana Department of Transportation and a western state highway officials' subcommittee, plus a joint petition from the National Propane Gas Association and OOIDA. Six asked FMCSA to rethink the 14-day limit. The seventh asked it to revoke the 2023 rule entirely.

The petitioners said 14 days was too short. They also said extension requests had to be filed before anyone knew how much more time would be needed. In its January 2026 proposal, FMCSA pointed to emergencies where relief ran past 14 days:

• the Francis Scott Key Bridge collapse in Baltimore in spring 2024, where the first exemption was extended four times;
• wildfires in the western United States;
• the back-to-back hurricanes in North Carolina in fall 2024.

FMCSA said there were several cases where extension decisions couldn't be issued until close to expiry. Drivers might hold off on relief work that would run past day 14 until they knew an extension had been granted. The agency called any such delay, even if rare, unacceptable.

Comments

FMCSA took comments through March 10, 2026 and received 17, of which 13 were on topic. Most supported the change, including CVSA, OOIDA, the National Propane Gas Association, the Montana DOT and a joint comment from the transportation departments of Idaho, Montana, North Dakota, South Dakota and Wyoming. The states wrote that there was no record of adverse safety effects from emergency hours-of-service relief.

National Tank Truck Carriers took no position and said the change would likely have limited effect on its sector. One private citizen wanted to keep 14 days to ensure ongoing review. Another asked for 90 days, which FMCSA rejected. FMCSA also declined requests to expand the heating fuel exemption to electricity and to issue guidance on advance declarations for weather events.

Why it took effect immediately

FMCSA said the usual 30-day wait before a rule takes effect doesn't apply because the change relieves a restriction. It said delaying it would only delay the relief. The agency expects about 25 fewer extension requests a year and estimates annual savings of roughly $1,429 for carriers and the government combined.

Petitions for reconsideration of the new rule are due to the FMCSA Administrator by November 4, 2026.

What to keep in mind

The relief is still tied to a specific declaration. Before running under an emergency exemption, carriers should check the declaration's dates and the area it covers on FMCSA's emergency declarations page. They should also make sure the trip is direct assistance.