§21102 Nonapplication, Exemption, and Alternate Hours of Service Regime

Summary

Allows some exceptions to the railroad hours rules, lets the Secretary of Transportation grant limited exemptions to very small carriers, and sets special timing for passenger train crew rules. Emergencies or delays like a casualty, an unavoidable accident, an act of God, or a delay that was unknown and unforeseeable to the carrier or its agent when the worker left the terminal are not covered by these rules. The Secretary may exempt a carrier with no more than 15 covered employees after a full hearing if it’s for good cause, in the public interest, and won’t hurt safety. Any exemption is time‑limited, reviewed at least once a year, and cannot let employees work more than 16 hours in a 24‑hour period. For commuter and intercity passenger train employees, duty‑hour limits follow the old version of section 21103 until either the Secretary’s regulations under section 21109(b) take effect or three years after the Rail Safety Improvement Act of 2008 was enacted, whichever comes first. After that, the new version of section 21103 applies, unless the Secretary’s regulations take effect; if the regulations take effect, carriers must follow them and are exempt from both the old and new 21103 rules. “Commuter rail passenger transportation” and “intercity rail passenger transportation” are defined in section 24102. “Old section 21103” means the text as it was before the 2008 Act; “new section 21103” means the text as changed by that Act.