Who this is for: CDL drivers, bus operators, charter carriers, fleet managers
Hours of Service Rules for Passenger-Carrying CMV Drivers
Passenger-carrying CMV drivers operate under a different HOS framework than property carriers. Under 49 CFR 395.5, the daily driving limit is 10 hours (not 11), the on-duty window is 15 hours (not 14), and the required off-duty reset is 8 consecutive hours (not 10). The weekly 60/70-hour cycle applies in the same structure as property carrier rules. There is no sleeper berth provision or 34-hour restart equivalent in Part 395.5.
Important Notice
These rules apply to interstate passenger-carrying CMV operations. Intrastate bus and passenger operations are governed by state HOS rules, which vary. Verify the applicable rules with your state motor carrier enforcement agency for purely intrastate passenger operations.
The three core daily limits for passenger carriers
Under 49 CFR 395.5, passenger-carrying CMV drivers are subject to three daily limits that apply simultaneously: (1) a 10-hour driving limit — the driver may not drive more than 10 hours after 8 consecutive hours off duty; (2) a 15-hour on-duty window — the driver may not drive after being on duty for 15 consecutive hours following 8 consecutive hours off duty; and (3) an 8-consecutive-hour off-duty requirement — both the driving limit and the on-duty window require a full 8 consecutive hours off duty before they reset. Whichever limit runs out first controls.
How this compares to property carrier rules
Drivers familiar with the property carrier framework — 11 hours of driving, 14-hour window, 10-hour reset — need to adjust three numbers when operating passenger vehicles. The driving limit is 1 hour shorter (10 instead of 11). The on-duty window is 1 hour wider (15 instead of 14). The required off-duty reset is 2 hours shorter (8 instead of 10). The wider window is partly compensation for the shorter driving allowance — a passenger carrier driver has more total time to manage stops, layovers, and delays within a shift. The shorter reset means passenger carrier drivers can return to duty faster after a rest stop, which matters for operations running multiple daily legs.
Who is covered by 49 CFR 395.5
The passenger carrier HOS rules apply to drivers of CMVs designed to transport passengers in interstate commerce. The relevant thresholds are: vehicles designed to carry more than 8 passengers including the driver for compensation, or 15 or more passengers regardless of whether compensation is involved. This covers charter buses, tour coaches, intercity bus lines, airport shuttle services, and similar operations. Drivers of transit buses operating entirely within one state may be subject to state-specific HOS rules instead of the federal Part 395.5 framework — verify the applicable rules with your state motor carrier enforcement agency.
The 60/70-hour weekly cycle
The weekly on-duty limit for passenger carriers follows the same structure as property carriers: 60 hours in any 7 consecutive days for carriers that do not operate CMVs every day of the week, or 70 hours in any 8 consecutive days for carriers that do operate every day. The rolling window calculation is identical — on-duty hours from the oldest day drop off the back of the window as each new day passes. When the weekly limit is reached, the driver may not drive until enough on-duty hours age out of the window.
No 34-hour restart for passenger carriers
49 CFR 395.5 does not include a restart provision equivalent to the property carrier 34-hour restart. When a passenger carrier driver reaches the 60 or 70-hour weekly limit, they wait for on-duty hours to age out of the rolling window — there is no mechanism to take 34 consecutive hours off and begin a fresh weekly cycle. Passenger carrier scheduling has to account for this: a driver who runs heavily early in the week will see available capacity shrink steadily without a restart option to accelerate recovery.
No sleeper berth provision
49 CFR 395.5 does not incorporate the sleeper berth split-rest provision that applies to property carriers. Passenger carrier drivers must take the 8 consecutive hours off duty as a single uninterrupted block — they cannot split it into paired rest periods. For long-haul tour coaches and overnight bus runs where operational logic might seem to support a split arrangement, the rules don't allow it. The 8-hour off-duty requirement is a block, not a total.
On-duty time — what counts against the 15-hour window
On-duty time for passenger carrier drivers follows the same definition as property carriers: any time the driver is working for the carrier or subject to its control. This includes time spent waiting for passengers before departure, loading and unloading, pre-trip inspections, fueling, and any other work-related activity. A driver who arrives at a terminal two hours before departure and is on the clock is already running down the 15-hour window before the bus moves. Dispatchers and trip planners should build that pre-departure on-duty time into schedule calculations, especially on runs with fixed departure and arrival windows.
Adverse driving conditions — the 2-hour extension
The adverse driving conditions exemption in 49 CFR 395.1(b)(2) applies to passenger carriers. When a driver encounters unforeseen conditions — snow, sleet, fog, highway obstruction — that were not foreseeable at the time of departure and that prevent safe completion of the run within normal limits, the driving time may be extended by up to 2 hours. This extends the 10-hour driving limit to 12 hours in qualifying circumstances. The same documentation requirements and "unforeseen" standard apply as under the property carrier version of the exemption. Foreseeable conditions — a storm that was in the forecast when the driver departed — do not qualify.
Practical scheduling for passenger operations
The passenger carrier framework works reasonably well for operations running regular same-day routes. The 15-hour window is wide enough to accommodate most charter runs with staging time on both ends. The 8-hour reset is short enough to support a morning departure and an afternoon return trip with a rest stop in between. Where operations run into trouble is when delays compound: a late boarding group, extended loading, traffic, and a mandatory pre-trip on the return all eat from the same 15-hour window. Build schedules with buffer. A driver who hits the on-duty ceiling in the middle of a return trip has no property carrier tools — no 34-hour restart, no sleeper berth split — to work with.
Frequently Asked Questions
Does the 30-minute rest break requirement apply to passenger carrier drivers?
No. The 30-minute rest break rule in 49 CFR 395.3(a)(3)(ii) applies to property-carrying CMV drivers. The passenger carrier HOS rules in 49 CFR 395.5 do not include the same break requirement. Passenger carrier drivers are not subject to the 30-minute break trigger that applies after 8 cumulative hours of driving for property carriers.
Can a passenger carrier driver use the sleeper berth on a motor coach to split their rest?
No. The sleeper berth split-rest provision in 49 CFR 395.1(g) applies to property-carrying vehicles. The passenger carrier rules in 49 CFR 395.5 do not incorporate it. Passenger carrier drivers must take their 8-hour off-duty rest as a single consecutive block regardless of vehicle configuration.
Do school bus drivers fall under the passenger carrier HOS rules?
School bus drivers who operate in interstate commerce and meet the definition of a passenger-carrying CMV driver are subject to Part 395.5. Many school bus operations are entirely intrastate, in which case state HOS rules apply. Additionally, the short-haul exemption under 49 CFR 395.1(e) may relieve qualifying school bus drivers from record-keeping and ELD requirements even when the underlying HOS limits still apply.
Is there a 34-hour restart for passenger carrier drivers?
49 CFR 395.5 does not include a restart equivalent to the property carrier 34-hour restart. When a passenger carrier driver reaches the 60 or 70-hour weekly limit, they must wait for on-duty hours to age out of the rolling window. There is no mechanism to take a defined off-duty period and accelerate a full weekly reset.