Hours of service: Passenger-carrying vehicles

Scope

The regulations apply to motor carriers and drivers of passenger-carrying vehicles used in interstate commerce. This includes motorcoaches, buses, shuttle buses, 15-passenger vans, and other vehicles designed to carry multiple passengers.

Regulatory citations

• 49 CFR 395 — Hours of service of drivers

Key definitions

• Commercial motor vehicle (CMV): A self-propelled or towed vehicle used on a highway to transport property or passengers when the vehicle:
  • Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW), of 10,001 pounds or more, whichever is greater; or
  • 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 not used to transport passengers for compensation; or
  • Is transporting hazardous materials of a type or quantity that requires placarding.

• Direct compensation: Payment made to the motor carrier by the passengers or a person acting on behalf of the passengers for the transportation services provided, and not included in a total package charge or other assessment for highway transportation services.

Summary of requirements

The hours-of-service regulations include three basic limits for drivers of passenger-carrying CMVs: the 10-hour driving rule, the 15-hour on-duty rule, and the 60- or 70-hour on-duty rule. Briefly, those limits do not allow a driver to drive a passenger-carrying CMV:

• More than 10 hours following 8 consecutive hours off duty,
• After being on duty 15 hours following 8 consecutive hours off duty, or
• After being on duty more than 60/70 hours in any 7/8 consecutive days.

To keep track of these hours, every motor carrier must require each of its drivers to create a record of duty status (log) for each 24-hour period, either on paper or through use of an electronic logging device. Each driver must carry a copy of each log for the previous seven days and have them available for inspection. The regulations are specific as to what items must be recorded on a record of duty status.

Exceptions. A driver does not have to prepare a log if the driver operates within a 150-air-mile radius of the work-reporting location, returns to the work-reporting location and is released within 14 consecutive hours, and the carrier keeps certain time records for six months. The 10-hour driving rule and 60- or 70-hour limit still apply.

Motor carriers and drivers who exceed the hours-of-service limits or who do not complete and keep records of duty status or who make false records of duty status can be subject to fines or other penalties.

Other topics provide more detail about specific aspects of hours of service.

States also have hours-of-service regulations for intrastate operations, either by adopting the federal rules or by establishing their own rules.