> Well, now it's actually 10 hours off undisturbed, meaning 11'30" from tie up to back on duty,

The language in the new [passenger] HOS regs is:

"§ 228.405 Limitations on duty hours of train employees engaged in commuter or intercity rail passenger transportation.
(a) General. Except as provided in paragraph (c) of this section, a railroad and its officers and agents may not require or allow a train employee engaged in commuter or intercity rail passenger transportation to remain or go on duty --
(1) Unless that employee has had at least 8 consecutive hours off duty during the prior 24 hours; or
(2) After that employee has been on duty for 12 consecutive hours, until that employee has had at least 10 consecutive hours off duty . . ."

Section (c) is the exception for emergencies, wrecks, and acts of God things, with a 4 hour limit. Running out of crews at a home terminal on account of poor crew staffing is not an emergency (FRA ruled on that at least 15-20 years ago).

Where does it specifically say "undisturbed"? The FRA ruled several decades back, no doubt as a result of company pressures, that the rr can call you after 6 to put you back on duty at 8 hours or 8 for 10 hours if you die on the law (being on duty for 11' 59" doesn't qualify as dying). I say 6 for 8 because we had a 2 hour call; if you have an hour and half call, change this to read 6 1/2 for 8, etc. However, they can call only ONCE under these circumstances. More than one call before the expiration of a specified rest period is what the FRA terms "a gross disturbance of rest", which you should document, send to your L/C, and if enough of these "violations" occur, the company will get fined.

Once you have had the required rest, they can call you as many times as they want until you start your commute to your on duty point. In this situation, any problems created by repeated calls before you leave for work are sorted out by [Union] contractual conditions and the grievance process, both of which the FRA will quite clearly tell you they have nothing to do with.

The "undisturbed" thing is in the Union contract. The AT&SF would harass you if you used it; the SP would just sigh. When I was a fireman, there was a board ruling upholding this contract provision, "undisturbed" meant just that, no calls until the expiration of the rest indicated. On the SP you could tie up for 8, 10, or 12, provided you had been on duty longer than 10 hours. You had to indicate rest when you signed the register, not afterwards, although at West Oakland, you had a 1 hour grace period which existed nowhere else on the Pacific Lines.

Note that these new passenger HOS rules are regulations, not statutes. This means it won't take an act of congress to change them.

>The FRA never seems to have a real grasp on this ancient issue,

The original HOS law was passed in 1907 (the 16 hour law -- just take the current HOS law and change all the 12s to 16s). The old heads from the 20s and 30s told me that it wasn't really enforced until Wilson became President (1914). So what's new?

> The rule for freight crews has been in effect for more than a year

Three years to be precise. The 2008 changes were a direct result of Sanchez's wreck at Chatsworth, and yes, it was a panicked rush to judgement on the part of Congress. My sources (a BLE VP) told me that on that Friday when Congress adjourned, they figured that was it for the session -- HOS revision had been on the agenda and in discussions for years. Then late Fri evening (Eastern time) Chastworth happened. When Congress reconvened the following Monday, the law was passed virtually by Monday evening. Neither side has been happy with the results.

>While all of that is tuue, also keep in mind that the original RSIA final draft proposal was far more restrictive on undisturbed rest, crew planning, deadheads, so-called "limbo" time (sitting on a tied down train, riding in a van, etc.) than what we actually got from the law makers. By the way, those are the same lawmakers who can't balance our national budget.

Keep in mind that the freight HOS is a statue, specific language in a law written by Congress. The Passenger rest program is a only enabling legislation, written by Congress. With enabling legislation, the details of the language (the "Final Rule") is put together by bureaucrats, using the process you mentioned. To change the freight HOS law requires another act of Congress, which is a Herculean task by any measure. Modifying these passenger regulations, on the other hand, requires only posting the proposed changes in the Federal Register and soliciting comments, that process again (enabling legislation always specifies certain boundaries which the bureaucrats can't exceed).

>Go read what Turley has to say at -snip- and you might not believe a word the FEDS say.

I did and my impression is "ho hum". Before any of you jump on me for saying this, keep in mind that I have 41 1/2 years doing the same things he has, so I've heard rants like this for decades. After all, railroading isn't a 9-5, 5 day a week job, unless you work an 8 hour switch engine. There were lots of things I didn't like, but I learned how to work the system to my advantage.

>I'd be able to lay off when I felt I really needed it.

Laying off is a privilege, not a right. I've heard just this sort of griping since 1969, when I first hired out. All the old heads said then not to ask for put personal days off in lieu of laying off in the contract because then the personal days would then get negotiated away. Subsequently you wouldn't be able to take any days off without laying off sick (which they can't refuse, but that's a whole other story).