In March, the Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) published a Notice of Proposed Rulemaking (NPRM) to create a new exception for commercial motor vehicles (CMVs) at railroad grade crossings in specific situations.
That exception would allow certain CMVs to travel through a highway-rail grade crossing without stopping if the crossing is equipped with an active warning system, such as lights and gates, and the crossing warning system is not activated.
The rule change would apply mainly to vehicles currently required to stop at all crossings under existing rules, specifically passenger buses and trucks carrying hazardous materials.
The FMCSA intends for the rule change to reduce the risk of rear-end collisions caused by these vehicles stopping abruptly and to improve general traffic flow. Even with this exception, drivers would still be required to exercise due caution and slow down as necessary to ensure the crossing is safe.
As of early May 2026, the rulemaking process is still open for comment. Groups like the American Trucking Associations (ATA) and the National Tank Truck Carriers support the change, noting that the risk of a train collision is often lower than the risk of being rear-ended during a mandatory stop.
Organizations such as the American Association of State Highway and Transportation Officials (AASHTO) have expressed concerns regarding the quality of data used to estimate safety impacts and cost savings.
In written comments, “AASHTO noted that the proposed rule change would be added to an existing list of exemptions concerning when it is not mandatory for these CMVs to stop at a grade crossing.”