Before the Federal Motor Carrier Safety Administration grants a long-term hours-of-service exemption, the agency wants more details.
In this case, FMCSA wants a complete list of USDOT numbers that would operate under the exemption.
Last year, the Association of American Railroads and the American Short Line and Regional Railroad Association requested a five-year hours-of-service exemption that would allow railroad drivers to respond to unplanned events outside of normal work hours.
In a notice scheduled to be published in the Federal Register on Wednesday, June 24, FMCSA announced it was granting a four-month provisional exemption. But before the agency will approve a full five-year exemption, it wants additional information from the railroad groups.
“FMCSA is requesting additional information from the associations, including the list of USDOT numbers that will operate under the exemption, the frequency with which motor carriers have operated under the exemption, and the list of accidents involving any motor carriers operating under the exemption,” the agency wrote in the notice.
Federal regulations prohibit drivers from operating after the 14th hour from the beginning of a work shift and from accumulating more than 60 hours of on-duty time in seven consecutive days or more than 70 hours in eight consecutive days.
Railroad groups argue that their drivers should be allowed to bypass those regulations to respond to “unplanned events.”
Examples of unplanned events applicable to the exemption include:
- A derailment
- A rail failure or other report of a dangerous track condition
- A track occupancy light
- A disruption to the electric propulsion system
- A bridge strike
- A disabled vehicle on the train tracks
- A train collision
- Weather and storm-related events
- A matter concerning “national security” or “public safety.”
The groups are required to notify FMCSA about a crash involving use of the exemption within five business days.
The provision exemption expires on Oct. 19. LL
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