FMCSA Hours-of-Service Exemptions

FMCSA Extends Railroad HOS Exemption Through October 2030

FMCSA Extends Railroad HOS Exemption Through October 2030

FMCSA has renewed and narrowed an hours-of-service exemption for railroad-support drivers responding to qualifying disruptions. Overdrive reported October 21 that covered drivers may operate past the 14th hour after coming on duty and beyond the usual 60-hours-in-seven-days or 70-hours-in-eight-days limits in specified circumstances. The modified exemption is effective through October 18, 2030.

This is not a general waiver for every driver serving a railroad. FMCSA's final decision limits eligibility to drivers working for 231 motor carriers listed in its appendix. It also restricts qualifying unplanned events to disruptions affecting a main track and adds reporting requirements. The agency said the narrower terms are intended to help crews reach urgent incidents that interrupt rail service while maintaining a level of safety equivalent to the underlying rules.

Once a covered crew reaches the site, all work must be recorded as on-duty, not driving time. When normal rail operations are restored, the driver must follow ordinary HOS requirements for the return trip. The exemption therefore provides targeted flexibility to reach a qualifying event; it does not erase duty-status records, create unlimited driving time or suspend the rules for routine work.

Railroad contractors and motor carriers should confirm that their USDOT number appears in the final appendix before using the exemption. Dispatchers should document why an event qualifies, the driver's normal reporting location, travel to the scene and the point at which normal operations resume. Drivers should not rely on a verbal instruction alone. Clear records, fatigue checks and a compliant return plan are essential because roadside enforcement will evaluate whether the trip actually fits the exemption.

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