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Re: Has the Hours of service been changed since the National Emergency?
Author: SP5103
Date: 03-28-2020 - 16:40
"Petitioners request relief from certain FRA safety requirements in the event the
COVID-19 pandemic causes workforce shortages or other constraints that prevent individual
railroads from timely completing all Federally-mandated railroad safety tests and inspections,
and complying with other requirements related to employee training and qualification."
"FRA has determined, that subject to certain conditions, granting Petitioners’
requests for relief as outlined below is in the public interest, necessary to address the current
nationwide emergency situation involving the COVID-19 pandemic, and is not inconsistent with
railroad safety. Accordingly, FRA grants Petitioners relief from the regulatory requirements
identified below and subject to the following general conditions and the specific conditions
relating to each regulation identified below."
"Although Petitioners did not specifically request relief from the hours of service requirements of 49 U.S.C. Chapter 211, FRA notes that the statute itself provides flexibility to respond to certain emergency situations, such as the COVID-19 pandemic. See 49 U.S.C. § 21102(a). However,
FRA notes that railroads would be required to employ due diligence to reduce or eliminate
excess service. In addition, FRA’s hours of service recordkeeping regulations require railroads
to identify the reason for each instance of excess service, even where excess service may be
appropriate for relief under the statute (e.g., in this instance, where the excess service was
unavoidable and a direct result of the impact of the COVID-19 pandemic on a particular
railroad)."
So basically what this is saying is that you have to justify each instance you use this waiver, document it, and report it on a weekly basis. So you are allowed to "bend" certain rules, but if you step over the line you may still be in violation. much more likely to die of paper cuts or carpal tunnel syndrome than the coronavirus.
However, if too many railroad employees get sick or quarantined there is a mechanism in place to allow some basic train service to continue to operate. If we lose the supply chain trying to comply with every single regulation, a whole lot more people could potentially suffer.
COVID-19 pandemic causes workforce shortages or other constraints that prevent individual
railroads from timely completing all Federally-mandated railroad safety tests and inspections,
and complying with other requirements related to employee training and qualification."
"FRA has determined, that subject to certain conditions, granting Petitioners’
requests for relief as outlined below is in the public interest, necessary to address the current
nationwide emergency situation involving the COVID-19 pandemic, and is not inconsistent with
railroad safety. Accordingly, FRA grants Petitioners relief from the regulatory requirements
identified below and subject to the following general conditions and the specific conditions
relating to each regulation identified below."
"Although Petitioners did not specifically request relief from the hours of service requirements of 49 U.S.C. Chapter 211, FRA notes that the statute itself provides flexibility to respond to certain emergency situations, such as the COVID-19 pandemic. See 49 U.S.C. § 21102(a). However,
FRA notes that railroads would be required to employ due diligence to reduce or eliminate
excess service. In addition, FRA’s hours of service recordkeeping regulations require railroads
to identify the reason for each instance of excess service, even where excess service may be
appropriate for relief under the statute (e.g., in this instance, where the excess service was
unavoidable and a direct result of the impact of the COVID-19 pandemic on a particular
railroad)."
So basically what this is saying is that you have to justify each instance you use this waiver, document it, and report it on a weekly basis. So you are allowed to "bend" certain rules, but if you step over the line you may still be in violation. much more likely to die of paper cuts or carpal tunnel syndrome than the coronavirus.
However, if too many railroad employees get sick or quarantined there is a mechanism in place to allow some basic train service to continue to operate. If we lose the supply chain trying to comply with every single regulation, a whole lot more people could potentially suffer.
