49 CFR § 395.5
Maximum driving time for passenger-carrying vehicles
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What does 49 CFR § 395.5 require?
49 CFR 395.5 governs HOS for passenger-carrying CMV drivers (buses, motorcoaches, vans with 16+ passenger capacity for hire or 9+ for hire including driver). The limits differ from property-carrying (49 CFR 395.3): 10 hours of driving (vs 11), 15-hour on-duty window (vs 14), 8-hour required break (vs 10). Same 60/70 weekly limit and 34-hour restart option. Most notably, passenger-carrying drivers are NOT required to take the 30-minute break that property-carrying drivers must take after 8 cumulative hours.
Regulation text (summary)
A driver of a passenger-carrying CMV may drive a maximum of 10 hours after 8 consecutive hours off duty. The 10 hours of driving must occur within a 15-hour on-duty window starting from the driver's first on-duty time after their 8-hour break. No driver may drive after having been on duty 60 hours in 7 consecutive days (for carriers not operating every day) or 70 hours in 8 consecutive days (for carriers operating every day). A 34-hour off-duty period can reset the 60/70-hour clock. Passenger-carrying drivers are NOT required to take a 30-minute break (unlike property-carrying drivers under 395.3).
Read full regulation at eCFR.govWho must comply with 49 CFR § 395.5?
Drivers of passenger-carrying CMVs in interstate commerce. Passenger-carrying CMVs include vehicles designed or used to transport 16 or more passengers (including the driver) for hire, or 9 or more passengers (including the driver) not for hire. Intrastate passenger-carrying drivers must comply with state-specific HOS rules, which in most states mirror 49 CFR 395.5.
What happens if you violate 49 CFR § 395.5?
Civil monetary penalties: $1,100 to $16,550 per violation. Common citations: exceeding 10-hour driving limit, exceeding 15-hour on-duty window, missing required 8-hour break, exceeding 60/70-hour weekly limit. CSA HOS Compliance BASIC affected. Passenger-carrying violations carry heightened scrutiny due to public-safety implications.
Penalty range
Annual citations
YoY penalty trend
How to comply (implementation checklist)
- 1Verify each driver's role (passenger-carrying vs property-carrying) — different rule applies.
- 2Configure ELD for passenger-carrying limits: 10-hour driving, 15-hour on-duty, 8-hour break.
- 3Track 60/70-hour weekly clock proactively.
- 4Establish dispatch ETAs that respect 10-hour driving + 15-hour on-duty limits.
- 5Plan multi-day tours with 8-hour break opportunities at appropriate locations.
- 6Train passenger-carrying drivers on their specific HOS rules (different from property-carrying).
- 7Document the 34-hour restart option for drivers who need to reset the weekly clock.
Common misinterpretations
- Misinterpretation: 'Bus drivers can drive 11 hours like truck drivers.' Reality: Passenger-carrying drivers under 49 CFR 395.5 are limited to 10 hours of driving (vs 11 for property-carrying under 395.3). Different vehicle category, different limit.
- Misinterpretation: 'The 30-minute break applies to bus drivers.' Reality: 49 CFR 395.5 does NOT require a 30-minute break. The 30-minute break is in 49 CFR 395.3 for property-carrying drivers only. Passenger-carrying drivers can drive continuously up to the 10-hour limit (subject to common-sense safety considerations).
- Misinterpretation: 'Charter buses don't need ELDs.' Reality: ELD requirements under 49 CFR 395.8 apply to passenger-carrying CMVs the same as property-carrying. The 2017 ELD mandate covers both categories.
Real enforcement examples
Anonymized from public FMCSA enforcement summaries. Penalty amounts reflect assessed and final settled values where disclosed.
Charter bus operator received $52,800 penalty in 2024 after ELD records showed 5 drivers exceeded the 10-hour driving limit on multi-day tours. Drivers had been operating under the assumption that property-carrying limits applied (11 hours).
Source: FMCSA SafetyNet 2024 enforcement summary, anonymized
How FileFlo handles 49 CFR § 395.5
FileFlo's compliance rule-pack HOS-49CFR395.5 automatically checks every document you upload against this regulation. Auto-detects document type, parses key fields, sets renewal alerts, and surfaces this section in your audit binder if a gap is found.
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Frequently asked questions
What are the HOS limits for passenger-carrying CMV drivers?▾
10 hours maximum driving after 8 consecutive hours off duty (vs 11 hours / 10-hour break for property-carrying). 15-hour on-duty window (vs 14 hours). 60/70-hour weekly limit (same as property-carrying). NO 30-minute break required (vs the property-carrying 30-minute break requirement after 8 cumulative driving hours).
What is a passenger-carrying CMV?▾
A vehicle designed or used to transport 16 or more passengers (including the driver) for hire, or 9 or more passengers (including the driver) not for hire. Includes charter buses, motorcoaches, transit buses (in some configurations), and passenger vans meeting the capacity threshold.
Do passenger-carrying drivers need ELDs?▾
Yes. The 2017 ELD mandate under 49 CFR 395.8 applies to both passenger-carrying and property-carrying CMV drivers. Short-haul exemption (49 CFR 395.1(e)) is the primary ELD-exempt path for either category.
How does the 8-hour break differ from the property-carrying 10-hour break?▾
Passenger-carrying drivers under 49 CFR 395.5 require 8 consecutive hours off duty before driving (or 10 hours total split between sleeper berth and off-duty in compliant splits). Property-carrying drivers under 49 CFR 395.3 require 10 consecutive hours. The shorter passenger-carrying break reflects different operating realities (more frequent passenger interaction, different fatigue patterns).
Can a driver alternate between passenger and property operation?▾
Yes, but each shift falls under the rule for the vehicle being operated. A driver who drives a charter bus on Monday-Tuesday is under 49 CFR 395.5; if they switch to a delivery truck on Wednesday, they're under 49 CFR 395.3. Carriers should document the switch and configure the ELD accordingly.
How is 395.5 different from 395.3?▾
Different vehicle categories, different limits. 49 CFR 395.3 governs PROPERTY-carrying CMV drivers (trucks): 11-hour driving, 14-hour on-duty, 10-hour break, 30-minute break required. 49 CFR 395.5 governs PASSENGER-carrying CMV drivers (buses): 10-hour driving, 15-hour on-duty, 8-hour break, no 30-minute break required.
Related regulations
Related guides
Sources + reviewer
Primary source: eCFR.gov: 49 CFR § 395.5
Reviewed by Chad Griffith (Founder + CEO, FileFlo) on