Hours of Service for Passenger-Carrying Drivers are the FMCSA limits on how long bus, motorcoach and other passenger-carrying commercial motor vehicle (CMV) drivers may drive and work. Found in 49 CFR 395.5, the rules allow up to 10 hours of driving after 8 consecutive hours off duty, prohibit driving after 15 hours on duty and cap total on-duty time at 60 hours in 7 days or 70 hours in 8 days.
Passenger carriers move people, not freight, and a fatigued driver puts dozens of passengers at risk at once. The passenger rules are older and stricter in some ways than the property-carrying rules, and drivers and dispatchers who move between trucks and buses often confuse the two. Getting the limits right protects passengers, keeps drivers legal at roadside and avoids violations that weigh heavily in safety ratings.
What Are the Passenger Carrier Hours of Service Rules?
The hours of service (HOS) rules are in 49 CFR Part 395. Property-carrying drivers follow 395.3, with its 11-hour driving limit, 14-hour window and 10-hour off-duty period. Drivers of passenger-carrying CMVs follow 395.5 instead. For a general overview of both sets of limits, see the hours of service page.
The passenger rules have not been reset by the major HOS rewrites that changed the property rules, so several features of the property rules do not carry over. There is no 34-hour restart for passenger carriers, no 30-minute break requirement in 395.5 and no 14-hour "window" that runs regardless of breaks.
Who Must Comply?
Section 395.5 applies to drivers of passenger-carrying CMVs operated in interstate commerce. Under the definitions in 49 CFR 390.5, a passenger-carrying CMV includes a vehicle that:
- Is designed or used to transport more than 8 passengers, including the driver, for compensation
- Is designed or used to transport more than 15 passengers, including the driver, whether or not for compensation
- Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
This covers charter and tour operators, scheduled intercity bus lines, airport and hotel shuttles operated across state lines, church and private passenger carriers using large vehicles, and some employee transport operations. The limits apply regardless of the number of motor carriers using the driver's services, so time driven for a second carrier counts toward the same limits. Many states adopt the same or similar limits for intrastate passenger operations.
Key Requirements
10-hour driving limit (395.5(a)(1))
A passenger-carrying driver may not drive more than 10 hours following 8 consecutive hours off duty. Once the driver reaches 10 hours of driving, more driving is not allowed until the driver takes another 8 consecutive hours off duty or the sleeper berth equivalent.
15-hour on-duty limit (395.5(a)(2))
A driver may not drive after having been on duty 15 hours following 8 consecutive hours off duty. Unlike the property-carrying 14-hour window, the 15-hour limit counts on-duty time. Off-duty time taken during the day, such as a documented off-duty period while passengers tour an attraction, does not count toward the 15 hours, which extends the elapsed day. Time spent waiting with the bus while still responsible for the vehicle is generally on-duty time, so drivers and dispatchers need to record off-duty periods accurately.
8 consecutive hours off duty
The reset for both daily limits is 8 consecutive hours off duty, compared with 10 hours for property-carrying drivers. Time in a sleeper berth can count toward the 8 hours, as described below.
60/70-hour limit (395.5(b))
- If the carrier does not operate CMVs every day of the week, a driver may not drive after being on duty 60 hours in any 7 consecutive days.
- If the carrier operates CMVs every day of the week, a driver may not drive after being on duty 70 hours in any 8 consecutive days.
The limit is a rolling total. Each day the oldest day drops off and its hours become available again. Because passenger carriers have no 34-hour restart, the only way to regain hours is for older days to roll out of the 7- or 8-day period.
Sleeper Berth Provisions
Under 395.1(g)(3), a passenger-carrying driver using a sleeper berth may accumulate the equivalent of 8 consecutive hours off duty by either:
- Taking at least 8 consecutive hours of combined off-duty and sleeper berth time, or
- Taking two separate sleeper berth periods, neither shorter than 2 hours.
When two periods are used, driving time before and after the rest periods combined may not exceed 10 hours, and the on-duty time before and after them may include no driving after the 15th hour. Before returning to the normal 395.5 limits, the driver must take at least 8 consecutive hours off duty, in the sleeper berth, or a combination of both. Sleeper berths must meet the equipment requirements in 49 CFR 393.76.
Exceptions That Apply to Passenger Carriers
Adverse driving conditions
Under 395.1(b)(1), a driver who encounters adverse driving conditions, as defined in 395.2, and cannot safely complete the run within the normal limits may drive up to 2 additional hours. Adverse conditions are snow, sleet, fog, other adverse weather, or unusual road or traffic conditions that were not apparent when the run was dispatched. Normal rush-hour traffic does not qualify.
150 air-mile short-haul exception
Under 395.1(e)(1), a passenger-carrying driver who operates within a 150 air-mile radius of the normal work reporting location, returns there and is released within 14 consecutive hours, and has at least 8 consecutive hours off between each 14-hour on-duty period, does not need a record of duty status or ELD. The carrier must instead keep time records for 6 months showing the time the driver reports, total hours on duty each day, the release time and, for drivers used for the first time or intermittently, the total time for the preceding 7 days.
Travel time
Under 395.1(j)(2), when a passenger-carrying driver travels at the carrier's direction, for example riding to the start of a trip, that time counts as on duty unless the driver receives at least 8 consecutive hours off duty on arrival.
Alaska
Drivers in Alaska follow separate limits under 395.1(h)(2): passenger-carrying drivers may drive up to 15 hours after 8 consecutive hours off, may not drive after being on duty 20 hours, and are subject to 70 hours in 7 days or 80 hours in 8 days.
Records of Duty Status and ELDs
Unless an exception applies, passenger-carrying drivers must record their duty status under 395.8, and most must use an electronic logging device. Carriers must keep records of duty status and supporting documents for 6 months. Drivers who use paper logs under an ELD exception, such as those required to keep logs no more than 8 days in any 30-day period, must still keep the 7 previous days available at roadside.
Penalties and Enforcement
HOS violations are among the most common reasons drivers are placed out of service. A driver found over the 10-hour, 15-hour or 60/70-hour limits can be placed out of service at roadside until enough off-duty time is accumulated. Violations count in the HOS Compliance BASIC of the CSA Safety Measurement System, and during a compliance investigation a pattern of HOS violations is treated as a critical violation that can lead to a Conditional or Unsatisfactory safety rating. Civil penalties for carriers and drivers are set by statute and adjusted annually for inflation, and falsified records carry heavier penalties.
Common Compliance Mistakes
- Applying property-carrying rules to bus drivers, such as the 11-hour driving limit or a 34-hour restart
- Logging waiting time at venues as off duty when the driver remains responsible for the vehicle and passengers
- Forgetting that time driven for another carrier, including part-time or charter work, counts toward the limits
- Scheduling trips that can only be completed on time if traffic is perfect, then citing adverse conditions
- Misusing the split sleeper berth option, such as taking a rest period shorter than 2 hours
- Using the short-haul exception without keeping the required time records
How to Comply: Step by Step
- Confirm which rules apply. Identify which vehicles are passenger-carrying CMVs and train dispatchers and drivers on 395.5 rather than 395.3.
- Set your 60- or 70-hour schedule. Determine whether the company operates every day of the week and apply the matching limit consistently.
- Plan trips realistically. Build itineraries that fit within 10 hours of driving and 15 hours on duty, with time for traffic, loading and passenger stops.
- Define duty status at venues. Write a policy for when drivers are truly off duty during tours and events, and document it.
- Track outside work. Require drivers to report hours worked for other carriers and include them in available-hours calculations.
- Audit logs and ELD data. Review records of duty status against supporting documents such as fuel receipts and trip sheets.
- Correct problems quickly. Coach drivers, adjust schedules and document corrective actions when violations appear.
How SMS360 Helps
SMS360's DOT Compliance module keeps hours of service policies, log audit checklists and violation records in one place, with reminders and assigned actions for follow-up. Training Management records driver and dispatcher training on the passenger-carrying limits, and Driver Qualification Files keeps each driver's records organized for audits.
Frequently Asked Questions
How many hours can a bus driver drive?
A passenger-carrying driver may drive up to 10 hours after 8 consecutive hours off duty, and may not drive after being on duty 15 hours following that off-duty period. Total on-duty time is limited to 60 hours in 7 days or 70 hours in 8 days.
Can passenger carriers use the 34-hour restart?
No. The 34-hour restart applies only to property-carrying drivers. Passenger-carrying drivers regain available hours only as older days roll off the 7- or 8-day period.
Do bus drivers need a 30-minute break?
The 30-minute break requirement is in 395.3, which applies to property-carrying drivers. Section 395.5 does not include a 30-minute break, though carriers may set their own break policies.
Does off-duty time during a charter extend the 15-hour limit?
Yes. The 15-hour limit counts on-duty time, so genuine off-duty periods do not count toward it. The driver must be relieved of all responsibility for the vehicle and passengers for the time to be off duty.
