49 CFR § 395.5 — Maximum driving time for passenger-carrying vehicles
49 CFR — Transportation · FMCSA / DOT
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 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).
Who must comply
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 violated
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.
Implementation checklist
- Verify each driver's role (passenger-carrying vs property-carrying) — different rule applies.
- Configure ELD for passenger-carrying limits: 10-hour driving, 15-hour on-duty, 8-hour break.
- Track 60/70-hour weekly clock proactively.
- Establish dispatch ETAs that respect 10-hour driving + 15-hour on-duty limits.
- Plan multi-day tours with 8-hour break opportunities at appropriate locations.
- Train passenger-carrying drivers on their specific HOS rules (different from property-carrying).
- Document 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.
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.
Cross-references: 49 CFR 395.1 · 49 CFR 395.3 · 49 CFR 395.8 · 49 CFR 395.11
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