July 9, 2025 — Nebraska — A loophole in a Nebraska regulation was finally closed to hold rail crew van drivers to similar standards as those required of Uber and Lyft drivers.
The three-year drive to enact the regulatory change was led by Nebraska State Safety & Legislative Director Andy Foust and the Nebraska State Legislative Board.
Rail Crews Mistakenly Classified as Cargo!
Back in 2019, Nebraska passed legislation classifying rail crew carriers like RailCrew Xpress (RCX), Hallcon and PTI with non-passenger commercial drivers, like those hauling furniture.
This classification had no disqualifying criteria, meaning a person with recent convictions for things like felony drug charges or sex offenses could legally operate a crew van.
Unsafe individuals could (and would) sit behind the wheel, directly endangering SMART-TD members and Nebraska Communities.
SMART-TD Pushes for Change
SLD Foust, a seasoned railroader himself, knew the system was broken.
“We all have those drivers we trust, the ones who make us feel safe enough to close our eyes after a long shift,” Foust explained. “But then there’s the other kind. The ones that put us on edge, that force someone in the crew to stay alert just in case something goes wrong. That guy who puts off the vibe that maybe we should take shotgun and have our union sister ride in the backseat as far away from the driver as possible. We can’t allow this to be what we accept as normal.”
During a Public Service Commission hearing following a serious crew van accident, it was revealed that the driver had a history of drug possession charges. Foust investigated further and discovered the concerning hiring practices followed by rail crew carriers in his state.
Crew-hauling companies knew they could get away with paying lower wages to drivers who were unable to secure employment anywhere else. Our safety was being traded for corporate convenience and the all-too-familiar operating ratios.
Foust and the Nebraska State Legislative Board threw the brakes on this practice.
Crew Drivers Must Meet Established Standards
The Nebraska Public Service Commission officially adopted new rules and regulations on June 23, 2025. Under Title 291 NAC, Chapter 3, 013.08(D), rail crew van drivers are now subject to similar standards as Transportation Network Companies. The following convictions now disqualify applicants from driving rail crews:
- Drug-related offenses
- Sexual assault and related charges
These disqualifiers are enforced via a seven-year lookback period.
The railroads might still think of us as less than human, but thanks to Foust and the Nebraska Public Service Commission, they are being forced to acknowledge that we are people.
“We’re not cargo. My members are not couches or coffee tables,” Foust said. “We’re people. And our safety matters.”
Nebraska Sets National Precedent
With Nebraska now enforcing true safety standards, it sets a powerful precedent for the other 38 states where RCX operates.
Brother Foust and his work in Nebraska is now being presented to our representatives in other states, so crew transportation providers are held accountable for who they make responsible for our members’ safety.
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