The Federal Motor Carrier Safety Administration (FMCSA) plans to keep looking for more flexibility in the hours-of-service (HOS) rules and is preparing changes to its Safety Measurement System (SMS), the agency’s chief safety officer told a trucking industry audience this week.
Steve Dowling, FMCSA’s chief safety officer, spoke Oct. 28 at the 2026 WEX OTR Summit in Ponte Vedra, Fla., according to Transport Topics. Dowling is a former California Highway Patrol officer who previously served as director of safety at Covenant Logistics.
Hours of service: more flexibility on the table
FMCSA has already made several changes to hours of service this year:
- In June, the agency revised four HOS provisions: the short-haul exception, the adverse driving conditions exception, the 30-minute break requirement and the sleeper berth provision.
- This spring, it started two HOS pilot programs testing flexible sleeper berth use and split duty periods.
Dowling said the agency will keep examining HOS options that better match how fleets actually operate. He also made the point that following the rules on paper does not guarantee a driver is rested — “being in compliance with the rules, you can still be fatigued,” he said.
No specific new proposal or timeline was announced, so the current rules remain in effect.
Safety Measurement System updates
FMCSA also plans to update the SMS, the system that uses inspection, crash and violation data to rank carriers and decide which ones get a closer look. Dowling said the agency will put its proposed changes out for industry comment and evaluation, with the goal of doing a better job spotting emerging safety risks. A team is working on it now.
For carriers, that comment period will be important. SMS scores affect roadside inspection selection, audits and, in many cases, how brokers and shippers view a carrier.
Registration problems still keeping carriers off the road
Dowling also addressed problems with Motus, FMCSA’s new registration system. He said about 95% of carrier registration has been completed, but the remaining 5% is proving difficult — and that “thousands of people” are being kept out of the industry by the issues. He called that unacceptable and said his team is working on carriers’ concerns.
Fuel hauler waiver extended
Separately, FMCSA expanded a temporary waiver for drivers hauling gasoline and diesel in early October so that it also covers ethanol products and heating oil. That waiver expires Dec. 16.
What drivers and carriers should do now
- Keep running under the current HOS rules — nothing new has been proposed yet.
- Watch for the SMS proposal and plan to comment if your operation would be affected.
- If you are stuck in registration limbo, document every step and reach out to FMCSA directly.
Stay on top of rule changes in our trucking rules and regulations section.
