Trucking news and briefs for Monday, Jan. 12, 2026:
FMCSA’s random drug testing rate not changing for ‘26
The U.S. Department of Transportation has published a notice announcing the 2026 DOT random drug testing rates, and truck drivers will see no changes from the last five years.
The 2026 random drug testing rate for Federal Motor Carrier Safety Administration-regulated workers remains at 50%, the random alcohol testing rate at 10%.
Motor carriers must randomly select those percentages of their drivers, in other words, for testing over the course of the year. Drug-testing consortia must do the same for the pool of operators utilizing their services.
The last time FMCSA’s random testing rate changed was in 2020.
FMCSA allowing states to waive hazmat endorsement requirement for certain aviation fuel haulers
The Federal Motor Carrier Safety Administration on Jan. 9 published a final rule in the Federal Register that allows states to waive the hazardous materials (HM) endorsement requirement for Class A CDL holders who transport no more than 1,000 gallons of aviation grade jet fuel in support of seasonal agricultural aircraft operations. The rule takes effect March 10.
A similar waiver already exists for drivers transporting 1,000 gallons or less of diesel fuel in the CDL holder's state of domicile as an employee of four specific agriculture-related businesses.
FMCSA proposed the rule change in December 2024 to provide flexibility to waive the HM endorsement requirement for certain drivers transporting jet fuel in furtherance of agricultural aircraft operations. In 64 comments in response to the proposal, 42 were in full support, while another 20 generally supported the proposal with modifications. Only two commenters opposed the rule change.
Many commenters said that finding and retaining drivers with an HM endorsement for seasonal work, in addition to the claimed shortage in qualified drivers, is especially difficult and costly, FMCSA said in its analysis for approving the rule. Many business owners or agricultural aircraft operators explained that some employers take on the additional cost of training drivers who do not have a HM endorsement.
The National Tank Truck Carriers group and an anonymous commenter raised concerns that the waiver would diminish roadway safety. FMCSA disagreed, in part because training and testing are still required under 49 Code of Federal Regulations parts 172 and 177 for drivers transporting jet fuel. These parts require that operators of vehicles used to transport hazardous materials undergo employer-provided training so they:
- Have familiarity with applicable HM regulations
- Are able to recognize and identify HM
- Have knowledge of emergency response information, self-protection measures, and accident prevention methods and procedures
Operators of these vehicles are also required to be tested on those subjects. These training and testing requirements fall under Pipeline and Hazardous Materials Safety Administration (PHMSA) regulations and are separate from FMCSA’s testing and training requirements, thus are unaffected by FMCSA’s decision.
FMCSA proposes to roll back emergency declaration changes
The Federal Motor Carrier Safety Administration is published a notice of proposed rulemaking that proposes to revise from 14 days to 30 days the length of the emergency relief automatically triggered following a regional declaration of emergency by a governor of a state, their authorized representative, or FMCSA itself.
The proposal would reverse a change made by a final rule published in October 2023. Prior to the 2023 change, the automatic exemption was limited to 30 days and covered all regulations in 49 CFR Parts 390 through 399. In addition to shortening the length of the exemption, the 2023 rule also limited the exempted regulations to only the hours-of-service regulations in sections 395.3 and 395.5 (maximum driving time for property- and passenger-carrying vehicles, respectively).
FMCSA said it has received seven petitions for reconsideration from the Commercial Vehicle Safety Alliance; former North Dakota Gov. Doug Burgum; the Montana DOT; the Western Association of State Highway Transportation Officials Subcommittee on Highway Transport; the National Propane Gas Association (NPGA); Owner-Operator Independent Drivers Association; Idaho Gov. Brad Little; and former South Dakota Gov. Kristi Noem.
Six of the seven petitions requested that FMCSA reconsider the 14-day automatic time limit placed on emergency exemptions when those exemptions are triggered by an emergency declaration issued by a governor or a delegee for a governor.
The proposed rule would do just that and revert the automatic time limit for regional emergency exemptions back to the 30-day limit that existed prior to the issuance of the October 2023 final rule.
FMCSA will accept public comments on the proposal here through March 10. The agency requested comments on specific questions, though the questions are directed to state officials.
