FMCSA Winter Storm HOS Exemption: What the Regulation Actually Requires (and How to Keep Your ELD Compliant)

The FMCSA has issued a Regional Emergency Declaration granting temporary Hours of Service (HOS) relief due to severe winter storms and extreme cold impacting major U.S. transportation corridors. While the exemption provides regulatory relief, it does not magically make ELD compliance problems disappear.

This is where carriers and drivers get into trouble.

The federal government may exempt a driver from certain HOS limits — but the ELD still records data unless you tell it otherwise. An ELD does not understand emergency declarations, intent, weather, or common sense. It only understands inputs, rules, and thresholds.

If this exemption is not managed correctly, a driver can appear non-compliant roadside or during a compliance review, even while operating lawfully under the emergency declaration.

What the FMCSA Emergency Declaration Actually Does

Under Emergency Declaration No. 2026-001, FMCSA has granted emergency relief from:

• 49 CFR § 395.3 — Property-carrying vehicle driving limits
• 49 CFR § 395.5 — Passenger-carrying vehicle driving limits

This relief applies only to motor carriers and drivers providing direct assistance supporting emergency relief efforts in the affected states. It does not apply to routine commercial deliveries, mixed loads with nominal emergency supplies, or long-term recovery operations. All other FMCSRs remain fully in effect, including CDL, drug and alcohol testing, insurance, hazardous materials, and vehicle size and weight requirements.

The ELD Problem No One Understands

There is no regulatory interpretation guide in the U.S. or Canada that explains how ELD data should be managed. There is only:

• The regulation
• The technical standard

ELD providers are not required to train carriers, drivers, or enforcement on how their applications function. They built an app. It is up to the user to figure out how to operate it correctly under real-world conditions.

And here’s the critical reality:

ELDs record data whether the driver is exempt or not.

If a driver:

• Drives without logging in → the ELD records unidentified driving
• Disconnects from the ECM → data diagnostic events and malfunctions
• Logs in normally and drives past limits → documented HOS violations

None of those outcomes are what you want during an emergency exemption.

The Only Regulatory Workaround That Exists

The HOS regulations and the ELD Technical Standard do provide a workaround — the Exempt Driver function.

What the Regulation Says

49 CFR § 395.28(b) — Drivers exempt from ELD use

“A motor carrier may configure an ELD to designate a driver as exempt from ELD use.”

What the Technical Standard Says

49 CFR Part 395, Appendix A, Subpart B, Section 3.1.3 — Exempt Driver

“An ELD must allow a motor carrier to configure an ELD for a driver who may be exempt from the use of the ELD… motor carriers can use this allowed configuration to avoid issues with unidentified driver data diagnostic errors.”

There is a clear acknowledgement here that functionality issues exist, and the exempt driver configuration is the mechanism provided to deal with them.

Further clarified in:

Section 4.3.3.1.2(a)

“An ELD must provide the motor carrier the ability to configure a driver account exempt from use of an ELD.”

How the Exempt Driver Function Actually Works

The technical standard does not require a carrier to use the exemption — only that the ELD provider make it available. The decision to activate it rests entirely with the carrier.

Carrier Setup

• The exempt driver setting is configured in the driver’s profile
• It can be turned on or off as needed
• This should be done before the driver operates under the emergency declaration

Driver Operation

• The driver logs in and connects to the ECM
• The driver selects “log in as exempt”
• Driving time is still recorded, but HOS violation detection and missing-data diagnostics are suspended

Important limitations:

• A driver cannot use the exemption if already out of hours
• Logging out and back in as exempt does not reset violations
• Drivers must log in as exempt every time, or edits and recertification will be required

What the ELD Does While the Driver Is Exempt

49 CFR Part 395, Appendix A, Section 4.3.3.1.2(d)(2) states:

“The ELD must continue to record ELD driving time but suspend detection of missing data elements data diagnostic events and data transfer compliance monitoring functions when such driver is authenticated.”

On the device:

• An “E” is displayed for exempt status
• RODS output will show “Y” in the exempt driver field

This distinction matters.

Roadside Inspections and Audits: How to Defend It

During a roadside inspection, the driver should state:

“I am operating under FMCSA Emergency Declaration No. 2026-001 and am exempt from HOS limits.”

The driver must then:

• Produce a paper log or time record covering the exempt period
• Clearly note Emergency Declaration No. 2026-001
• Carry a copy of the declaration itself

Do not assume enforcement has read the bulletin email.

During a compliance review or audit:

• Paper logs or time records cover the exempt period
• ELD RODS showing ‘Y’ for exempt support — not contradict — the exemption
• These are not duplicate RODS because of the exemption indicator

Bottom Line

Using the emergency exemption properly is cumbersome, but the exempt driver function is the only way to keep ELD records aligned with both the regulation and the technical standard.

This is not about convenience — it’s about defensibility.

Drivers need to be able to explain it roadside.
Administrators need to be able to explain it during a review.

Enforcement and auditors are not trained in ELD minutiae. If you follow the exact mechanisms provided in the regulation and technical standard, you are using their own language, systems, and rules to protect yourself — and to successfully challenge incorrect findings if necessary.