FMCSA Gives Fertilizer Haulers 16-Hour Waiver
FMCSA is waiving HOS limits and ELD recording rules for fertilizer haulers in 34 states through August 26, with a 16-hour daily driving cap and rest rules still attached.
Waiver covers 34 states
FMCSA has granted a temporary hours-of-service waiver for fertilizer haulers in 34 states, giving carriers more room to move straight or blended fertilizer during a spring supply squeeze.
The waiver took effect May 26, 2026, and runs through August 26, 2026. It applies to motor carriers and drivers transporting fertilizer products for commercial farming and agricultural purposes, including ranching. FMCSA said the action was coordinated with the U.S. Department of Agriculture after a request from The Fertilizer Institute.
What changes for drivers
The relief waives the standard HOS limits in 49 CFR 395.3 and the ELD recording requirement in 49 CFR 395.8(a)(1)(i) for covered fertilizer moves. But it is not open-ended. Drivers still may not drive more than 16 hours in any 24-hour period, even when they also qualify for the agricultural operations exception.
Drivers also must take either a 6-hour sleeper-berth break or, if no sleeper berth is available, an 8-hour consecutive break in each 24-hour period. Drivers who do not use an ELD must keep paper records of duty status and supporting documents for six months.
Fleet takeaway
The waiver is narrow. It does not cover hazardous materials, and carriers or drivers under an out-of-service order are not eligible until that order is rescinded. For fleets supporting agriculture, the practical value is planning flexibility during fertilizer demand peaks, but dispatch still has to track state eligibility, rest requirements, CDL status, and documentation.
