Freight Pulse & Law Update: Railroad Rescue Drivers Get a Longer Leash as NY-NJ Drayage Pushes the FMC on Empty Returns

FMCSA renewed a narrow railroad-response hours exemption; NY-NJ drayage carriers seek FMC standards for empty returns; and cargo-theft losses rose despite fewer incidents.

Which drivers may extend their hours?

FMCSA’s renewal covers only drivers for 231 listed member railroads responding to specified unplanned main-track events. Effective through Oct. 18, 2030, it is narrow event relief, not routine freight relief. Read the Federal Register notice.

• The 14-hour window may extend to 17 hours; the 11-hour driving limit stays unchanged.

• The 60/70-hour limit may extend by up to six hours; drivers must stay within 300 air miles.

• Carriers must keep usage records and report crashes within five business days. CVSA Brake Safety Week ran Aug. 23–29.

What are NY-NJ drayage carriers asking the FMC to change?

Port truckers are asking the FMC to set enforceable empty-container standards that put more responsibility on ocean carriers to manage their equipment. Drivers report misdirected returns, extra trips and time, with little recourse to bill for that work. The request seeks rulemaking, not a new FMC rule, per Journal of Commerce.

• Document return instructions and each misdirect.

• Include potential extra turns in drayage quotes.

Why are cargo-theft losses rising despite fewer incidents?

CargoNet counted 677 theft incidents in Q2 2026, down 26% year over year, while estimated losses reached $304.6 million. More than double Q2 2025. Overhaul estimates more than $150 million in AI equipment thefts so far this year, with deception involved in 92% of high-value tech thefts, according to the NMFTA Freight Fraud Hub.

• High-value freight faces impersonation, spoofed communications and double-brokering risks.

• Verify carrier identity, ownership and contact changes before releasing freight.

I-95 / Mid-Atlantic: Empty-return misdirects can add miles before freight reaches Baltimore or Glen Burnie. Shippers seeking 3PL Maryland coverage can use cross-docking and Mid-Atlantic fulfillment to consolidate inbound flows and better control dwell and drayage costs.

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