Modified exemption is now in effect
FMCSA renewed and modified an hours-of-service exemption for drivers employed by 231 railroad motor carriers listed in the agency’s decision. The exemption took effect October 20, 2026, and is scheduled to expire October 18, 2030. It is intended to help covered railroad personnel reach the scene of certain unplanned disruptions. It is not a general HOS waiver for the trucking industry, railroad contractors that are not listed in the appendix, ordinary freight movements or work built into a planned schedule.
Only four types of main-track events qualify
A covered driver may use the exemption only while driving a commercial motor vehicle to the site of an eligible unplanned event affecting a main track: a train derailment, a bridge strike affecting main-track operations, a train collision on the main track, or a weather- or storm-related event affecting main-track operations. FMCSA’s examples of qualifying weather events include hurricanes, tornadoes, blizzards, rockslides, mudslides, track washouts, earthquakes and wildfires. The modified terms are narrower than the earlier exemption and do not convert routine maintenance, staffing shortages or predictable workloads into qualifying events.
Relief has four numerical limits
When every condition is met, a covered driver may extend the 14-hour driving window to no more than 17 hours and may extend the 60-hour or 70-hour on-duty limit by no more than six hours. The driver still may not exceed 11 hours of driving after 10 consecutive hours off duty, and the trip may not go more than 300 air miles from the normal work-reporting location or terminal. Those limits apply together; the exemption does not create an unlimited workday.
Work at the scene must remain on-duty time
After arriving at the event site, the driver must record all time spent restoring rail service as on-duty, not driving time, and must comply with the applicable HOS limits. For travel from the work site to nearby lodging or meals, personal conveyance may be used only when FMCSA’s existing guidance actually applies. Otherwise, a driver who has reached an HOS limit must be transported by someone not subject to HOS restrictions or use a vehicle that is not a CMV. The return trip after normal rail operations are restored must follow the ordinary HOS rules.
Training, records and crash reporting are required
Before using the exemption, a driver must complete Driver Education Module 3 and Driver Sleep Disorders and Management Module 7 of the North American Fatigue Management Program, with an identified railroad sleep resource available if that website is unavailable. Motor carriers must keep a record of each use together with the driver’s record of duty status, supporting documents and a description of the qualifying event. The associations must report usage details to FMCSA on request and notify the agency within five business days of a reportable crash involving a CMV operating under the exemption. All other Federal Motor Carrier Safety Regulations continue to apply.
Driver and fleet takeaway
Before dispatching under this exemption, verify that the operating carrier and USDOT number appear in the Federal Register appendix, the event fits one of the four main-track categories, the driver has completed the required fatigue training, and the trip will remain inside every mileage and time limit. Document the event, exemption decision and duty-status records at dispatch rather than trying to reconstruct them later. Drivers should decline an exemption instruction that does not meet the published conditions and should stop when the 11-hour driving limit or another applicable safety limit is reached. Fleets outside the 231-carrier appendix must continue using the normal HOS rules unless a different, specifically applicable exemption or emergency declaration exists.
Federal Register — Railroad Hours-of-Service Exemption Renewal
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