Railroads Get Temporary Pass to Stretch Driver Hours in Crises
Published Date: 12/19/2025
Notice
Summary
The FMCSA is giving railroads a six-month extension to keep letting their drivers work longer hours during unexpected events, like emergencies. This affects railroad workers who sometimes need to drive past the usual 14-hour and weekly hour limits. The agency is asking for public feedback by January 20, 2026, while the exemption runs through June 18, 2026.
Analyzed Economic Effects
7 provisions identified: 3 benefits, 2 costs, 2 mixed.
Six‑month provisional HOS exemption
FMCSA provisionally renewed an exemption for railroad employees from December 18, 2025 through June 18, 2026 so member‑railroad drivers can respond to unplanned events while FMCSA considers a five‑year renewal. The docket says the exemption would cover approximately 20,000 drivers and 11,000 CMVs; public comments are due January 20, 2026.
Specific numeric HOS extensions
Under the exemption, drivers may extend the 14‑hour limit to no more than 17 hours, may not exceed 11 hours of driving following 10 consecutive hours off‑duty, may extend the 60‑hour/70‑hour rule by no more than 6 hours, and may not travel more than 300 air miles from their normal work‑reporting location or terminal.
Exemption limited to listed unplanned events
The exemption applies only when drivers are responding to specified unplanned events, including derailments; dangerous track conditions or rail failures; track occupancy lights; electric propulsion disruptions; bridge strikes; disabled vehicles on the tracks; train collisions; weather‑ or storm‑related events (fallen trees, snow, extreme cold/heat, rock/mudslides, washouts, earthquakes); and matters of national security or public safety such as blocked grade crossings.
Mandatory fatigue training before use
Drivers must complete the North American Fatigue Management Program (NAFMP) Driver Education Module 3 and Driver Sleep Disorders and Management Module 7 prior to operating under the exemption, or they may use the FRA's "Railroaders' Guide to Healthy Sleep" as an alternative resource.
Accident reporting and carrier notification duties
The Associations must provide FMCSA, upon request, the USDOT numbers of carriers operating under the exemption and must notify FMCSA within five business days of any accident involving a CMV operating under the exemption. The notification must include specified details (exemption identifier, carrier name and USDOT, crash date, location, driver and co‑driver names and license numbers, vehicle number and plate, injuries and fatalities, police‑reported cause, citations, and recent on‑duty and driving time totals).
State law preemption during exemption
While this exemption is in effect, no State may enforce any law or regulation that conflicts with or is inconsistent with the exemption with respect to a firm or person operating under it; States may but are not required to adopt the same exemption for intrastate operations.
Personal conveyance and post‑duty transport rules
Drivers operating under the exemption may use FMCSA's personal conveyance guidance when traveling between an unplanned event work site and nearby lodging or dining; if that guidance is not applicable, drivers who have reached HOS limits must be transported from the work site by someone not subject to HOS restrictions or use a vehicle that is not a commercial motor vehicle.
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