FMCSA agrees to hours-of-service exemption for CMV drivers working for railroad companies

The Federal Motor Carrier Safety Administration (FMCSA) has granted regulatory relief for companies operating in the railroad industry.

On July 24, FMCSA announced its decision to renew an exemption granted to R.J. Corman Railroad Services (R.J. Corman), Cranemasters, Inc. (Cranemasters), and the National Railroad Construction and Maintenance Association Inc. (NRC) from certain hours-of-service requirements.

While operating under the exemption, commercial vehicle drivers:

• May extend the 14-hour duty period in 49 CFR 395.3(a)(2) to no more than 17 hours
• May not exceed 11 hours of driving time, following 10 consecutive hours off duty
• May extend the 60- and 70-hour rule in 49 CFR 395.3(b) by no more than 6 hours
• May not travel more than 300 air miles from the normal work-reporting location or terminal

The exemption is valid for five years.

The exemption applies only to R.J. Corman and Cranemasters workers operating commercial vehicles in response to unplanned events that occur outside of, or extend beyond, the subject employees’ normal work hours, the FMCSA said.

The “unplanned events” could include the following:

• A derailment
• A rail failure or other report of a dangerous track condition
• At rack occupancy light
• A disruption to the electric propulsion system
• A bridge-strike
• A disabled vehicle on the train track
• A train collision
• Weather- and storm-related events, including fallen trees and other debris on the tracks, snow, extreme cold or heat, rock and mud slides, track washouts, and earthquakes
• A matter concerning national security or public safety, including a blocked grade crossing

The agency ultimately decided to extend the hours-of-service exemption in the interest of public safety:

“FMCSA believes there is a public interest in providing the applicants with reasonable flexibility to address urgent situations that disrupt rail services. The relief is limited to the trip to the scene of the unplanned event; drivers will record working time at the scene as on-duty, non-driving time; and drivers will get the requisite rest before driving on a public road post-incident. Because such events happen only occasionally and not during a predictable number of times per week or per month, drivers would not operate CMVs after the 14th hour of coming on duty as a regular part of their schedules. Drivers would not regularly operate CMVs after accumulating 60 hours or 70 hours of on-duty time during seven or eight consecutive days. Drivers’ standard schedules would include adherence to the 14-hour rule and adherence to the 60- and 70-hour rules. FMCSA is unaware of any evidence of a degradation of safety attributable to the current exemption.“