U.S. · Trucking · HOS
Hi-rail hours of service calculator.
Enter today's travel to the assignment and your month-to-date total to see whether 395.1(w) leaves it out of on-duty time.
For the driver of a hi-rail vehicle, the maximum on-duty time under 395.3 does not include time in transportation to or from a duty assignment if that time is no more than 2 hours per calendar day and a total of 30 hours per calendar month, and the motor carrier keeps full and accurate records available to FMCSA or the Federal Railroad Administration on request.
Your day and month
Result
The rule in 395.1(w)
Paragraph (w) of 49 CFR 395.1 is titled "Hi-rail vehicles." It reads: "For the driver of a hi-rail vehicle, the maximum on duty time under § 395.3 shall not include time in transportation to or from a duty assignment if such time in transportation— (1) Does not exceed 2 hours per calendar day or a total of 30 hours per calendar month; and (2) Is fully and accurately accounted for in records to be maintained by the motor carrier and such records are made available upon request of the Federal Motor Carrier Safety Administration or the Federal Railroad Administration."
What counts as a hi-rail vehicle
The definition is narrow. Section 395.2 says: "Hi-rail vehicle means an internal rail flaw detection vehicle equipped with flange hi-rails." Not every truck with rail wheels fits that wording. The page asks you to confirm the vehicle matches the definition because the benefit in 395.1(w) is written for the driver of that vehicle only.
What the exclusion does
Section 395.3 sets the maximum on-duty and driving times for property-carrying drivers. Paragraph (w) says time spent in transportation to or from the duty assignment is not included in the "maximum on duty time under § 395.3" when the two limits are respected. In practical terms, if a rail flaw detection driver spends 1.5 hours getting to the track location and the carrier documents it, those 1.5 hours are taken out of the on-duty time that is measured against the 395.3 limits. The checker shows both numbers: the hours excluded and the on-duty hours that remain counted.
Two limits, both must hold
The text uses "or" between the daily and monthly limits in a way that has to be read with "does not exceed": the transportation time "does not exceed 2 hours per calendar day or a total of 30 hours per calendar month." This checker applies both as ceilings, so a day over 2 hours or a month over 30 hours is treated as outside the exclusion. If you read the rule differently for a particular situation, check with FMCSA. The time is measured per calendar day and per calendar month, not per duty tour or per rolling 30 days.
Worked example
A hi-rail driver is on duty 14 hours today, including 1.5 hours riding to the work location. The month-to-date transportation total, counting today, is 12 hours. The carrier keeps the required records. The daily limit (1.5 is not over 2) and the monthly limit (12 is not over 30) are met, so 1.5 hours are left out and 12.5 hours count toward the 395.3 on-duty limit. If instead the driver rode 2.5 hours today, the daily ceiling is exceeded and, as the checker reads the text, none of the transportation time is excluded: all 14 hours count.
Records
Item (2) makes the exclusion depend on accounting. The carrier has to fully and accurately account for the transportation time, and give FMCSA or the Federal Railroad Administration access when asked. Without those records the exclusion is not available under the text. The rule does not describe a particular form, so it is the carrier's record-keeping that has to answer the question "when did the trip to the assignment start and end."
Limits of this page
It does not decide whether your vehicle is a hi-rail vehicle in a dispute, does not model the 11-hour driving limit, the 14-hour window or the 60 or 70 hour rule, and does not cover railroad-side rules enforced by the Federal Railroad Administration. It is the text as read on November 2, 2026.
Sources
- eCFR: 49 CFR 395.1, paragraph (w), hi-rail vehicles (current through October 29, 2026) (read November 2, 2026)
- eCFR: 49 CFR 395.2, definitions (current through October 29, 2026) (read November 2, 2026)
- eCFR: 49 CFR 395.3, maximum driving time for property-carrying vehicles (current through October 29, 2026) (read November 2, 2026)
Frequently asked questions
How much hi-rail travel time can be excluded?
Time in transportation to or from a duty assignment, up to 2 hours per calendar day and a total of 30 hours per calendar month, when the carrier keeps full and accurate records (49 CFR 395.1(w)).
What is a hi-rail vehicle under the FMCSA rules?
Section 395.2 defines it as an internal rail flaw detection vehicle equipped with flange hi-rails.
Does the exclusion apply to driving time or on-duty time?
The text says the maximum on-duty time under 395.3 does not include the qualifying transportation time.
Who can ask to see the records?
The Federal Motor Carrier Safety Administration or the Federal Railroad Administration.
What if travel to the assignment is longer than 2 hours in a day?
The page treats the 2-hour daily limit as a ceiling, so the transportation time that day is not excluded. The rule text does not say more, so confirm a close case with FMCSA.
Is the 30 hours per calendar month or per 30 days?
Per calendar month, as 395.1(w)(1) is written.
Is this legal advice?
No. It applies 49 CFR 395.1(w) as read on November 2, 2026. Confirm with FMCSA or a compliance professional.
Not legal or compliance advice
This page is general information drawn from the sources listed, not legal, tax or compliance advice, and it is not run by any government agency. Rules, forms and dates change and your agency, base jurisdiction or enforcement officer decides your case, so confirm with the office named on this page before you rely on it. Everything runs in your browser; nothing you enter is sent anywhere.