2026-03265Rule

Trucks Finally Fill Tanks Past 95%—Spill Rule Dies

Published Date: 2/19/2026

Rule

Summary

The FMCSA is dropping an old rule that limited fuel tanks made after 1973 from being filled over 95% full. This change, effective March 23, 2026, answers a request from the Commercial Vehicle Safety Alliance and cuts out outdated red tape. Truck owners and manufacturers can now fill tanks more freely without extra costs or hassles.

Analyzed Economic Effects

4 provisions identified: 3 benefits, 1 costs, 0 mixed.

Testing Requirements Still Apply

Even after the 95 percent limit is removed, fuel tanks put on commercial motor vehicles must still meet the testing requirements in 49 CFR 393.67(d) to prevent fuel spillage. Manufacturers who choose to redesign tanks to allow greater fills would still need to satisfy those tests, which industry commenters said could impose burdens.

95% Fuel-Fill Limit Removed

If you own or operate commercial trucks, the rule removes the long-standing limit that a liquid fuel tank made on or after January 1, 1973, could not be filled past 95 percent. Starting March 23, 2026, tanks only must be designed so normal fuel expansion will not cause spillage; carriers and drivers may fill tanks more freely and FMCSA says this reduces outdated regulatory burdens.

Warning Fill-Mark Removed

The rule removes the warning marking that referenced the 95 percent fill limit from 49 CFR 393.67(c)(11). This reduces a labeling requirement for fuel tanks and, according to FMCSA, reduces administrative burden and yields cost savings for manufacturers.

Better U.S.–Canada Harmonization

FMCSA says removing the 95 percent fill restriction improves harmonization with Canadian practice (which does not have the fill limit) and will benefit motor carriers that operate across the U.S.-Canada border. This change aims to simplify inspections and cross-border operations for affected carriers.

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Key Dates

Published Date
Rule Effective
2/19/2026
3/23/2026

Department and Agencies

Department
Independent Agency
Agency
Transportation Department
Federal Motor Carrier Safety Administration
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