FMCSA has issued a temporary waiver giving certain fertilizer haulers relief from federal hours-of-service and electronic logging device requirements. The waiver is intended to help move fertilizer products more efficiently during a period of supply pressure affecting a large portion of the country.
The waiver took effect May 26, 2026, and is scheduled to remain in place through August 26, 2026.
For motor carriers and drivers who qualify, this is meaningful flexibility. But it is not a blanket suspension of compliance obligations. The waiver is limited by commodity, location, purpose of transportation, operating conditions, and safety requirements.
Who the waiver applies to
The waiver applies to motor carriers and drivers operating commercial motor vehicles in interstate commerce while transporting straight or blended fertilizer products for commercial farming and agricultural purposes, including ranching.
The covered states are:
Alabama, Arkansas, California, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.
That is 35 states in total, covering a major portion of the country’s agricultural and fertilizer distribution network.
What requirements are waived
FMCSA’s waiver provides temporary relief from two specific federal requirements:
First, it waives the hours-of-service limitations under 49 CFR 395.3 for covered fertilizer transportation.
Second, it waives the requirement under 49 CFR 395.8(a)(1)(i) for drivers to use an ELD to record duty status while operating under the waiver.
That does not mean drivers are free to operate without limits. It also does not mean carriers can ignore documentation requirements. FMCSA placed several conditions on the waiver, and those conditions matter.
Drivers are still limited to 16 hours of driving
A driver operating under the waiver may not drive more than 16 hours in any 24-hour period.
This limit applies even if the driver is also operating under the agricultural operations exception in 49 CFR 395.1(k). In other words, the waiver does not create an unlimited operating window. It gives additional flexibility, but FMCSA still set a hard cap on driving time.
Carriers should make sure dispatchers, safety managers, and drivers understand that distinction. Misreading the waiver as a complete HOS suspension could create unnecessary enforcement exposure.
Rest breaks are still required
Drivers must take a minimum of six consecutive hours in the sleeper berth during each 24-hour period.
If the vehicle does not have a sleeper berth, the driver must take at least eight consecutive hours off during each 24-hour period.
FMCSA also included additional rest protections. If a driver tells the motor carrier they need immediate rest, the carrier must allow the driver to find a safe resting location and receive at least 10 consecutive hours off duty before resuming driving.
That provision is worth paying attention to. The waiver gives operational flexibility, but it does not remove the carrier’s responsibility to manage fatigue.
Paper logs may still be required
Drivers who do not use an ELD while operating under the waiver must use paper records of duty status and supporting documents.
Those records must be kept for six months from the date they are prepared and must be made available to FMCSA or law enforcement upon request.
For carriers, this is one of the easiest areas to overlook. The waiver may remove the ELD requirement for covered operations, but it does not remove recordkeeping. If a driver is not using an ELD, the paper trail needs to be clean, complete, and retained.
Hazardous materials are not covered
The waiver does not apply to the transportation of hazardous materials as defined in 49 CFR 383.5.
That point is especially important in the fertilizer space, where some products may trigger separate hazardous materials requirements. Carriers should confirm the classification of the material being transported before assuming the waiver applies.
If the load involves placarded hazardous materials or otherwise falls under hazmat regulations, this waiver should not be treated as available relief.
Carriers must still comply with other federal and state requirements
The waiver is narrow. It does not waive CDL requirements, drug and alcohol testing requirements, insurance requirements, vehicle safety requirements, hazmat rules, size and weight limits, or applicable USDA and state agriculture requirements.
Motor carriers and drivers also must have any necessary authority to load, transport, and deliver the fertilizer products, and they must carry required documentation.
Drivers subject to an out-of-service order, disqualification, or loss of driving privileges are not eligible to operate under the waiver. Motor carriers or drivers currently under an out-of-service order cannot use the waiver until the order has been properly rescinded in writing.
Crash reporting requirement
If a crash occurs involving a driver operating under this waiver, the motor carrier must notify FMCSA within five business days.
That notification must include details such as the date and location of the crash, driver information, vehicle information, injuries or fatalities, the police-reported cause if available, and whether the driver was cited for violating traffic laws or motor carrier safety regulations.
This is another reminder that waiver operations should be documented carefully. Relief from selected HOS and ELD requirements does not mean FMCSA is stepping away from oversight.
Why FMCSA issued the waiver
FMCSA issued the waiver in coordination with the U.S. Department of Agriculture to address an urgent fertilizer supply shortfall.
Fertilizer transportation is time-sensitive because farming operations depend on seasonal application windows. Delays at the wrong time can create problems beyond the trucking company or distribution point. They can affect planting, crop management, farm costs, and the broader food supply chain.
The waiver reflects the reality that agricultural logistics often operate on tight seasonal timelines. Fertilizer may move through several stages before reaching the farm, and trucking remains a critical part of that final delivery chain.
What carriers should do now
Carriers planning to use the waiver should not rely on verbal assumptions or informal interpretations. Before operating under the waiver, they should confirm:
- The load is straight or blended fertilizer.
- The transportation is for commercial farming or agricultural purposes.
- The movement is taking place in one of the covered states.
- The load is not hazardous material excluded from the waiver.
- The driver is properly licensed and not under an out-of-service order or disqualification.
- The driver will not exceed 16 hours of driving in a 24-hour period.
- Required rest breaks are being followed.
- Paper RODS and supporting documents are being completed and retained if the driver is not using an ELD.
- All other applicable federal and state requirements are still being met.
- The practical takeaway is simple: this waiver creates flexibility, not immunity.
Used correctly, it can help carriers keep fertilizer moving during a critical agricultural window. Used carelessly, it can create avoidable compliance risk.
For fertilizer haulers, agricultural carriers, and fleets supporting farm supply chains, now is the time to review the waiver conditions with drivers, dispatchers, and safety personnel. The relief is real, but so are the limits.
