The state order allows qualifying gasoline and diesel haulers to exceed certain weight limits by 10% on non-Interstate roads. A separate federal driving-hours waiver runs through Dec. 16.
Nebraska has temporarily relaxed trucking rules for gasoline and diesel deliveries following reports of fuel shortages across the state. Gov. Jim Pillen signed Executive Order 26-25 on October 19, 2026, allowing qualifying fuel haulers to exceed certain state weight limits by up to 10% and providing limited relief from driving-hour restrictions through November 18.
The measure is intended to help distributors make additional deliveries as demand rises during the fall harvest. The governor’s office reported shortages affecting different fuel products and said some haulers have had to travel farther to obtain supplies.
The order covers trucks transporting gasoline, ethanol blends of gasoline and diesel fuel. It does not establish that every Nebraska gas station is experiencing a shortage or guarantee that deliveries will return to normal by a particular date.
Qualifying fuel trucks may exceed certain weight limits by 10%
Executive Order 26-25 allows qualifying motor vehicles, semitrailers and trailers carrying gasoline, gasoline-ethanol blends or diesel fuel to exceed certain gross vehicle and axle-group weight limits by up to 10% without obtaining a special permit.
The temporary weight allowance is limited by several conditions:
- Interstate highways: The state’s additional weight allowance does not apply to loads traveling on the Interstate Highway System.
- Single axles: No single axle may exceed 20,000 pounds.
- Bridges: Vehicles must comply with posted bridge weight limits.
- Eligible cargo: The allowance covers only the fuels specified in the order, not general commercial freight.
- Documentation: Drivers operating under the proclamation must carry a copy of it.
The restrictions are established in Nebraska Executive Order 26-25. The additional weight allowance does not replace other applicable vehicle safety requirements.
Nebraska’s emergency order includes temporary driving-hour relief
The state order also provides temporary relief from hours-of-service requirements under 49 CFR 395.3 for drivers transporting gasoline, gasoline-ethanol blends or diesel fuel in response to the emergency.
The relief does not permit carriers to require or allow an ill or fatigued driver to operate a vehicle. If a driver informs a carrier that immediate rest is necessary, the carrier must provide at least 10 consecutive hours off duty before requiring the driver to return to work.
Drivers and carriers currently subject to an out-of-service order are not eligible for the state relief until the applicable requirements for rescinding that restriction have been met and the order has been formally rescinded.
The state measure operates alongside a separate federal waiver governing qualifying interstate fuel transportation. The two actions have different conditions and expiration dates.
A separate federal waiver runs through December 16
The Federal Motor Carrier Safety Administration (FMCSA) issued a nationwide hours-of-service waiver on September 16 and amended it on October 15. It provides limited driving-hour flexibility for eligible interstate motor carriers transporting designated fuels.
Unlike Nebraska’s state weight allowance, the federal waiver does not authorize heavier loads on Interstate highways.
The amended FMCSA waiver establishes several safety requirements:
- Drivers operating under the waiver may not exceed 16 hours of driving in any 24-hour period.
- Each 24-hour period requires at least six consecutive hours in a sleeper berth or, if no sleeper berth is available, eight consecutive hours off duty.
- A driver requesting immediate rest must be allowed to reach a safe resting place and receive at least 10 consecutive hours off duty before resuming driving.
- Drivers must hold valid commercial licenses and required endorsements. Other applicable safety and hazardous-materials regulations remain in effect.
The federal waiver applies to specified fuel shipments, including gasoline, diesel fuel, ethanol and denatured ethanol. Under the amended provisions, qualifying compartmentalized loads may also include limited quantities of heating oil.
The federal waiver expires December 16, 2026, subject to any subsequent federal action. Nebraska’s separate emergency order expires earlier, on November 18.
Harvest demand is adding pressure to fuel deliveries
Nebraska officials have received reports of fuel shortages from customers and retailers. Distributors have also reported longer trips to obtain fuel before completing deliveries.
Pillen attributed the supply pressure to global disruptions and increased demand during the fall harvest season.
The situation is particularly relevant to agricultural producers who rely on diesel fuel for harvesting equipment, grain transportation and other seasonal operations. Commercial transport companies and gasoline retailers also depend on timely fuel deliveries.
Allowing certain trucks to carry larger eligible loads or operate under limited driving-hour exceptions is intended to improve fuel distribution. Neither measure sets retail prices, requires gas stations to reduce prices or guarantees that all reported shortages will end.
Separate agricultural relief measures remain effective through December 23
Nebraska previously issued two executive orders on September 24 addressing agricultural transportation and diesel fuel availability.
Those measures provide separate relief for qualifying shipments of seasonal agricultural products and livestock, along with specified provisions involving agricultural diesel fuel and state fuel tax refunds for eligible transportation of Nebraska agricultural products.
According to the governor’s office, the September agricultural orders remain effective through December 23, 2026. Their rules and eligibility requirements differ from those in Executive Order 26-25.
Nebraska Executive Order 26-25 remains in effect until 11:59 p.m. on November 18, 2026. The amended federal hours-of-service waiver has a separate expiration date of December 16, 2026.
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