FMCSA considers Hours-of-Service exemption for commercial vehicle drivers responding to railroad emergencies
The Federal Motor Carrier Safety Administration (FMCSA) on Dec. 17, 2025, asked for public comment on an Hours-of-Service (HOS) exemption request from Hulcher Services, Inc., a nationwide emergency response provider to the railroad industry.
According to the request, Hulcher’s drivers are responsible for moving heavy recovery equipment needed to restore rail operations after a derailment or related incident. That equipment includes side-booms, grapple trucks, rollbacks, service trucks, and other commercial motor vehicles used in emergency recovery work.
The request centers on how HOS limits can affect time-sensitive response work. Hulcher said that without an exemption, drivers may be barred from transporting equipment if they exceed the 14-hour daily or 70-hour weekly limits—even when those drivers are the only qualified operators available to move the specialized units.
For working drivers, the issue is less about routine freight schedules and more about emergency mobilization, where delays can leave critical equipment parked when it’s needed most. FMCSA’s request for comment is part of the agency’s process for reviewing whether an HOS exemption is appropriate for a specific type of operation and whether it can be supported under federal safety standards.