Railroad Drivers Get Four More Years of Emergency Hours Flexibility
Published Date: 10/21/2026
Notice
Summary
The FMCSA has renewed and updated an exemption letting certain railroad drivers work beyond usual hour limits during unexpected events. This change affects drivers for specific railroads and adds new rules on when and how the extra hours can be used, plus reporting requirements. The exemption runs from October 20, 2026, to October 18, 2030, helping railroads stay safe and flexible without extra costs.
Analyzed Economic Effects
5 provisions identified: 3 benefits, 2 costs, 0 mixed.
Limited HOS Extensions for Railroad Drivers
If you are a commercial motor vehicle (CMV) driver employed by an eligible railroad, you may extend the 14-hour on‑duty limit to no more than 17 hours when driving to certain unplanned main-track events. Under this exemption you may not exceed 11 hours of driving after 10 consecutive hours off-duty, may extend the 60/70‑hour on‑duty limit by no more than 6 hours, and may not travel more than 300 air miles from your normal work‑reporting location.
Who Can Use the Exemption: 231 Listed Carriers
Only drivers employed by the 231 motor carriers listed in the Appendix to the Federal Register notice may operate under this exemption. If your employer is on that list, the exemption applies; if not, it does not.
Mandatory Fatigue‑Management Training Before Use
Before you operate under the exemption, you must complete the North American Fatigue Management Program (NAFMP) Driver Education Module 3 and the Driver Sleep Disorders and Management Module 7. Railroads may direct drivers to the FRA's "Railroaders' Guide to Healthy Sleep" as an alternative if NAFMP is unavailable.
Recordkeeping and Five‑Day Crash Notification Rules
If your railroad uses the exemption, the carrier must keep records showing when the exemption was used, drivers' records of duty status, supporting documents, and a description of the unplanned event, and must provide those records to FMCSA on request. The Associations must notify FMCSA within five business days of any crash involving a CMV operating under the exemption and include detailed information (e.g., carrier name and USDOT number, crash date, location, driver name and license, injuries, fatalities, police‑reported cause, citations, and total on‑duty time in the prior 7 days).
Federal Preemption of Conflicting State Rules
While the exemption is in effect (October 20, 2026 through October 18, 2030), no State may enforce laws or regulations that conflict with this exemption against a firm or person operating under it. States may choose to adopt the same exemption for intrastate operations but are not required to do so.
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Key Dates
Department and Agencies
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