FMCSA considers Hours-of-Service exemption for commercial vehicle drivers responding to railroad emergencies

The Federal Motor Carrier Safety Administration (FMCSA) received a request for regulatory relief for commercial drivers working for a company providing emergency services for the railroad industry.

On December 17, 2025, FMCSA asked for public comment on an Hours-of-Service (HOS) exemption request from Hulcher Services, Inc., a a nationwide emergency response provider to the railroad industry.

Hulcher’s drivers transport heavy recovery equipment such as side-booms, grapple trucks, rollbacks, service trucks, and other Commercial Motor Vehicles needed to restore normal rail operations following a derailment or related incident, according to the exemption request.

The company asked federal regulators for relief from HOS rules for its fleet of CMVs and approximately 350 driver employees so that they can assist in clearing disabled or derailed trains, debris, or hazards.

From FMCSA:

“According to Hulcher, unplanned events requiring response frequently occur outside normal business hours, including late night and early morning callouts, and the events are often in remote areas where no Federal or State emergency declaration has been issued. According to the applicant, “without the exemption drivers will not be able to transport equipment due to exceeding the 14-hour driving “window” or 70-hour weekly limits, despite being the only qualified operators available.“

Hulcher says that it takes measures to mitigate driver fatigue and that the exemption would not compromise safety.

Hulcher points to a similar exemption request recently granted to R.J. Corman Railroad Services , Cranemasters, Inc., and the National Railroad Construction and Maintenance Association Inc. Hulcher argues that it provides the same services as R.J. Corman and should receive the same regulatory relief.

Public comment on the exemption request will be accepted through January 16, 2026. If you would like to leave a public comment, you can follow this link to get started.