C.F.R. » Title 49 » CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS › PART 395—HOURS OF SERVICE OF DRIVERS › Subpart A—General

49 C.F.R. § 395.5

Maximum driving time for passenger-carrying vehicles

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Subject to the exceptions and exemptions in § 395.1:

(a) No motor carrier shall permit or require any driver used by it to drive a passenger-carrying commercial motor vehicle, nor shall any such driver drive a passenger-carrying commercial motor vehicle:

(1) More than 10 hours following 8 consecutive hours off duty; or

(2) For any period after having been on duty 15 hours following 8 consecutive hours off duty.

(b) No motor carrier shall permit or require a driver of a passenger-carrying commercial motor vehicle to drive, nor shall any driver drive a passenger-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after—

(1) Having been on duty 60 hours in any 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or

(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.

[70 FR 50073, Aug. 25, 2005]
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2006–2026 · leading case: Brown, F. v. Greyhound Lines, Inc., 208 A.3d 1122 (Pa. Super. Ct. 2019).
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Brown, F. v. Greyhound Lines, Inc., 208 A.3d 1122 (Pa. Super. Ct. 2019). “Federal motor carrier regulations permit bus drivers to drive up to 10 hours, 49 C.F.R. § 395.5 (a)(1), and there was no evidence that any federal or state law or regulation required a bus driver to stop at 150 miles to prevent fatigue or for any other reason.”
United States v. Sandhu, 462 F. Supp. 2d 663 (E.D. Pa. 2006). “49 C.F.R. § 395.5 (a) (2003). However, the requirements were relaxed for property- carrying CMVs: drivers could now drive more than 11 cumulative hours after 10 hours off-duty.”
People of the State of Cal. v. Fmcsa (9th Cir. 2026). · cites it 3× “See 49 C.F.R. § 395.5 . Under those regulations, a passenger- carrying commercial motor vehicle driver may not drive more than 10 consecutive hours or be on duty for more than 15 consecutive hours.”
Livingston, M. v. Greyhound Lines, Inc. (Pa. Super. Ct. 2019). “Federal motor carrier regulations permit bus drivers to drive up to 10 hours, 49 C.F.R. § 395.5 (a)(1), and there was no evidence that any federal or state law or regulation required a bus driver to stop at 150 miles to prevent fatigue or for any other reason.”
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