Passenger carrier hours of service vs property-carrying rules, side by side

Passenger carrier hours of service rules let a bus or motorcoach driver drive up to 10 hours after 8 consecutive hours off duty, and not drive after 15 hours on duty. Off-duty time doesn't count toward the 15. Truck (property-carrying) drivers get 11 hours of driving after 10 hours off, inside a fixed 14-hour window. Passenger drivers have no 30-minute break rule and no 34-hour restart.

Those are the rules as of October 2026, in 49 CFR 395.5 (passenger) and 49 CFR 395.3 (property). Both are final and in effect. 395.5 has not been amended since 2005.

Passenger vs property hours of service at a glance

The sections below give the text behind each row.

The 10-hour and 15-hour rules for passenger carriers

The passenger rule is short. A driver may not drive a passenger-carrying commercial motor vehicle (CMV) "more than 10 hours following 8 consecutive hours off duty," or "for any period after having been on duty 15 hours following 8 consecutive hours off duty" (395.5(a)).

The words "on duty 15 hours" are the key difference from trucks. The truck rule counts 14 consecutive hours from the start of duty, and breaks don't stop it (395.3(a)(2)). The passenger rule counts only on-duty hours. FMCSA describes passenger drivers as "normally subject to a driving window of 15 non-consecutive hours" (85 FR 33413, June 1, 2020). A bus driver who goes off duty while a charter group is at an event can extend the day.

Worked example: one charter day under each rule

Illustrative example built from 395.3 and 395.5. Not a real driver or fleet.

A driver finishes a qualifying rest and comes on duty at 5:00 a.m. Pre-trip takes 30 minutes. She drives 5 hours out, goes off duty for 6 hours while the group is at an event, then drives 5 hours back and does a 15-minute post-trip.

The passenger driver ends at the 10-hour driving limit with 4.25 on-duty hours to spare. The same day on a truck would be a violation from 7:00 p.m., because the 6-hour off-duty block doesn't qualify as a sleeper berth period and doesn't pause the 14-hour window.

Off-duty and sleeper berth rules

Before driving. Truck drivers need 10 consecutive hours off; passenger drivers need 8.

Sleeper berth, property. A truck driver can take 10 hours in a combination of sleeper berth and off duty, or split it into two periods: one of at least 7 consecutive hours in the berth and another of at least 2 hours, totaling at least 10. Qualifying periods don't count against the 14-hour window (395.1(g)(1)). See our 8/2 vs 7/3 sleeper berth split guide for worked days.

Sleeper berth, passenger. A passenger driver with a sleeper-equipped vehicle may reach 8 hours by "taking two periods of rest in the sleeper berth," provided "neither rest period is shorter than two hours," the driving before and after adds up to no more than 10 hours, and there is no driving "after the 15th hour" (395.1(g)(3)). There is no 7-hour minimum for passenger carriers.

Travel time. If the carrier sends a driver somewhere as a passenger, the time is on duty unless the driver gets at least 10 hours off (property) or 8 hours off (passenger) on arrival (395.1(j)).

The 30-minute break and the 34-hour restart

30-minute break. The break rule sits in 395.3, the property section, and requires a 30-minute interruption after 8 hours of driving (395.3(a)(3)(ii)). 395.5 has no equivalent. FMCSA confirmed it in 2020: "Those drivers operating passenger carrying vehicles are not subject to the 30-minute break requirement" (85 FR 33439).

34-hour restart. Truck drivers may end a 7- or 8-day period "with the beginning of an off-duty period of 34 or more consecutive hours" (395.3(c)). The passenger section has the same 60/70-hour limits (395.5(b)) but no restart provision, so the weekly total rolls day by day. Our 34-hour restart guide covers the truck side.

Exceptions that differ

More on two of these: the adverse driving conditions exception and the 150 air-mile short-haul exemption.

Personal conveyance. The 2018 guidance applies to both, with passenger-specific lines. Driving "a motorcoach without passengers" to lodging, restaurants or entertainment can be personal conveyance. Driving a passenger-carrying CMV with passengers aboard cannot (83 FR 26380). Personal conveyance doesn't count against the "10- or 15-hour limitations for bus drivers." See our personal conveyance guide.

Which rules apply: is it a passenger-carrying CMV?

The passenger rules apply to a commercial motor vehicle used to carry passengers in interstate commerce. Under 49 CFR 390.5, a vehicle is a CMV if, among other tests, it:

• has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more;
• "is designed or used to transport more than 8 passengers (including the driver) for compensation"; or
• "is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation."

Two exceptions in 49 CFR 390.3(f) matter for passenger fleets:

• School bus operations (home-to-school and school-to-home trips) are outside most of the rules, including Part 395. A few listed sections still apply.
• Vehicles designed or used to carry 9 to 15 passengers (including the driver), not for direct compensation, are outside most of the rules if the vehicle doesn't otherwise meet the CMV definition.

Records. Both property and passenger drivers record duty status under 395.8 and use an electronic logging device (ELD) unless an exception applies.

What isn't changing for passenger carriers

FMCSA's proposed pilot that would let drivers pause the 14-hour window is property-carrying only. FMCSA says "drivers of passenger-carrying CMVs would not be eligible for participation" (90 FR 44872, Sept. 17, 2025). As of October 2026 it is still a proposal: FMCSA published a paperwork notice for it on October 6, 2026, but no notice starting the pilot. A Federal Register search on October 20, 2026 found no proposal to amend 395.5.

Common mistakes in mixed fleets

• Giving a truck driver the bus driver's 8-hour reset. Property-carrying drivers need 10 consecutive hours off before driving (395.3(a)(1)).
• Assuming an off-duty block pauses a truck driver's day. It extends a passenger driver's 15 on-duty hours, but a truck's 14-hour window keeps running unless the rest qualifies under the sleeper berth rules.
• Counting on a 34-hour restart for bus drivers. 395.5 has none, so a motorcoach driver's 60/70-hour total only recovers as old days roll off.
• Leaving the wrong rule set on the ELD. 395.3 applies to driving a property-carrying CMV and 395.5 to a passenger-carrying one. If your ELD calculates available hours from a selected rule set, check it when a driver switches between a truck and a bus.

Related questions

Do bus drivers have a 14-hour rule? No. They have the 15-hour on-duty rule in 395.5(a)(2), and off-duty time doesn't count toward it.

Can a bus driver use the 34-hour restart? No. 395.5 has no restart provision.

Do bus drivers need a 30-minute break? Not under the federal rules. The break rule applies only to property-carrying drivers.

Is the "10 hour rule" for passenger carriers 10 hours of driving or 10 hours off? It is 10 hours of driving, after 8 consecutive hours off duty. Truck drivers are the ones who need 10 hours off. For the truck limits, see our hours of service rules guide.

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This article is general information, not legal advice. Confirm requirements against the current regulation text and with your compliance counsel.