Passenger-Carrying HOS: What Changes vs Property-Carrying Drivers
Bus and passenger-hauling operations run on their own chapter of Part 395 — and several tools property drivers rely on simply don't exist on the passenger side.
The daily clocks (§395.5(a))
| Property-carrying (§395.3) | Passenger-carrying (§395.5) |
|---|
| Driving limit | 11 h after 10 consecutive hours off | 10 h after 8 consecutive hours off |
| Window | 14 consecutive hours after coming on duty | 15 hours on duty after 8 consecutive hours off |
| Adverse conditions | +2 h | +2 h (395.1(b)(1) covers both) |
Note the different mechanics: the property 14-hour window is elapsed time; the passenger 15-hour limit is on-duty time — off-duty hours genuinely don't burn it.
The weekly clocks (§395.5(b))
Same numbers as property: 60 hours in 7 consecutive days, or 70 in 8. But there the symmetry ends — the 34-hour restart is a property-only provision. A passenger operation clears its weekly count one way only: days aging out of the rolling window. Plan heavy seasons (charters, sports schedules) around the arithmetic, not around a reset that isn't available.
Sleeper-berth pairings, passenger edition
Per FMCSA's regulatory summary: a passenger driver using a sleeper berth must take at least 8 hours in the berth, and may split that time into two periods provided neither is under 2 hours — pairings must total at least 8 hours. The property-carrying floors (7-hour berth stretch, 10-hour totals, the 2020 changes) do not transfer: there is no passenger 7/3.
What else carries over — and what doesn't
- 30-minute break rule: written in §395.3(a)(3)(ii) with short-haul exceptions; passenger drivers' limits in §395.5 contain no separate break clause — follow your carrier's policy and FMCSA guidance here.
- Short-haul exception: §395.1(e)(1) applies to passenger operations too — 150 air-miles, back within 14 consecutive hours, exempt from RODS and supporting documents.
- ELD and RODS: passenger CMVs run ELDs like everyone else; edits and certifications follow the same Part 395 Subpart B mechanics.
Running a passenger operation with sleeper berths? The
recap calculator keeps the 60/70 count — its 34-hour verdicts are labeled property-only, matching §395.3(c).
FAQ
What are the daily limits for passenger-carrying drivers?
Under 49 CFR 395.5(a): no more than 10 hours of driving following 8 consecutive hours off duty, and no driving after being on duty 15 hours following 8 consecutive hours off duty. Off-duty time does not extend the 15-hour limit.
Do passenger-carrying drivers get a 34-hour restart?
No. The 34-hour restart exists only in 49 CFR 395.3(c), the property-carrying section. Passenger-carrying drivers follow the same 60/7 or 70/8 weekly counting but clear it only by days falling out of the rolling window.
Can passenger drivers use the 8/2 or 7/3 split?
Not the property-carrying version. Per FMCSA’s summary, a passenger driver using a sleeper berth must take at least 8 hours in the berth, and may split that time into two periods neither under 2 hours, with pairings totaling at least 8 hours — a tighter structure than the 7-hour-floor property rule.
Do adverse driving conditions add time for passenger drivers?
Yes — 49 CFR 395.1(b)(1) allows up to 2 additional hours beyond the passenger limits (10 h driving / 15 h on duty) when adverse conditions prevent safely completing the run.