Limited HOS Relief Gives Rail Crews More Driving Time

FMCSA: Limited HOS Relief Gives Rail Crews Extra Time

The Federal Motor Carrier Safety Administration (FMCSA) has renewed an hours-of-service (HOS) exemption for certain railroad drivers. The HOS relief lets these drivers extend their normal 14-hour driving window to 17 hours during rail emergencies. However, the 11-hour driving limit stays the same. The exemption does not apply to most truck drivers.

The new approval took effect on October 20, 2026. It will remain in place through October 18, 2030. The exemption covers 231 listed motor carrier operations tied to railroads. FMCSA has also added new safety rules and limits on its use.

What the FMCSA HOS Relief Allows

Under normal HOS rules, truck drivers cannot drive after their 14-hour window ends. That window starts when they come on duty after at least 10 hours off duty. The renewed exemption gives certain railroad drivers up to three more hours in that window.

The added time helps crews respond to rail emergencies that occur outside their normal work hours. It does not mean drivers can spend 17 hours behind the wheel. They must still follow the 11-hour driving limit.

The HOS relief also allows more on-duty hours during the week. Covered drivers can work up to 66 hours in seven days or 76 hours in eight days. These limits are six hours higher than the normal federal limits.

Drivers must also stay within 300 air miles of their usual work-reporting location or terminal when using the exemption.

Which Rail Emergencies Qualify for HOS Relief?

FMCSA has placed tighter limits on when railroad drivers can use the exemption. It now applies only to certain events that affect a railroad’s main track. These events must meet the agency’s rules.

The covered events include:

• Train derailments on main tracks.
• Bridge strikes that affect main-track operations.
• Train collisions on main tracks.
• Severe weather or natural disasters that affect main-track operations.

Weather events may include hurricanes, tornadoes, blizzards, wildfires, and earthquakes. Mudslides, rockslides, and track washouts may also qualify.

The goal is to help crews reach the scene and restore rail service. The exemption does not apply to planned repairs or routine rail work. It also does not cover every delay or problem that affects a railroad.

What Happens When Drivers Reach the Work Site?

The extra hours apply to trips to the emergency site. Once drivers arrive, they must follow the normal HOS limits. They must also record all time spent on rail repairs as on-duty, not-driving time.

This can create a challenge when the work is done. A driver may have enough hours to reach the site but not enough to drive back. The exemption does not give drivers extra hours for the return trip.

FMCSA does allow certain trips under its personal conveyance rules. For example, drivers may qualify when traveling between the work site and nearby lodging or places to eat.

If those rules do not apply, a driver who has reached the HOS limits must use another way to leave the site. This may mean getting a ride from someone who is not subject to HOS rules. A vehicle that is not classed as a commercial motor vehicle may also be used.

Which Truck Drivers and Companies Are Covered?

The HOS relief only applies to drivers employed by the railroad operators named in FMCSA’s decision. It does not cover every trucking company that works with railroads.

The railroad groups first sent FMCSA a list of 257 motor carrier records. The agency found that 26 had inactive USDOT numbers. That left 231 entries on the final list.

The list includes major railroads such as BNSF Railway, Union Pacific, CSX Transportation, and Norfolk Southern. It also includes many smaller rail companies across the country.

For most truck drivers, the news does not change their HOS rules. An owner-operator hauling a load for a railroad does not qualify just because the load is tied to rail work. The driver must be part of a covered operation that meets the exemption’s terms.

FMCSA Adds New Safety and Reporting Rules

FMCSA has added safety steps to the renewed exemption. These rules are meant to help manage long work hours during rail emergencies.

Before using the HOS relief, drivers must complete two training modules. These cover driver education, sleep issues, and ways to manage fatigue. The training comes from the North American Fatigue Management Program.

Railroad operators must also keep records each time they use the exemption. The records must show when it was used and what event led to its use. Carriers must also keep driver logs and other records that support the trip.

FMCSA may ask carriers how often they use the exemption. These reports may include the number of drivers, trucks, and days involved. The railroad groups must also report certain crashes to FMCSA within five business days.

FMCSA reviewed the safety records of the covered carriers before making its decision. The agency found that the exemption, with its limits and rules, is likely to meet the required level of safety.

How HOS Relief May Affect Commercial Truck Drivers

For railroad drivers, the renewed exemption offers more time to reach urgent rail incidents. This may help crews respond to crashes, storms, and other events that block main tracks.

However, drivers may face longer workdays during these calls. They must still track their hours and follow the 11-hour driving limit. Employers must also plan for safe and legal trips away from the work site.

For most company truck drivers and owner-operators, the standard HOS rules still apply. Their daily driving limits and weekly work limits have not changed.

There may be some indirect effects on truck drivers who haul freight linked to rail service. Faster repairs could help railroads clear blocked tracks and restore freight moves. This may help reduce delays in some rail and truck freight operations. However, FMCSA did not provide data showing how much time the exemption may save.

HOS Relief Will Remain in Place Through 2030

FMCSA first approved this exemption in December 2020. The agency later issued short-term renewals while it reviewed more safety data. The latest decision allows the exemption to remain in place through October 18, 2030.

FMCSA can end the exemption early if carriers fail to follow its rules. It may also withdraw the approval if the exemption leads to lower safety levels.

For covered railroad drivers, the decision means more time to respond to certain emergencies. For the rest of the trucking industry, the normal HOS rules remain in effect.