Hours of Service for Bus and Motorcoach Drivers

The four limits

Hours of service for passenger-carrying commercial motor vehicles are set by 49 CFR 395.5. A driver may not drive:

1. More than 10 hours following 8 consecutive hours off duty.
2. After having been on duty 15 hours following 8 consecutive hours off duty.
3. After 60 hours on duty in 7 consecutive days, if the carrier does not operate vehicles every day of the week.
4. After 70 hours on duty in 8 consecutive days, if the carrier operates vehicles every day of the week.

The weekly limits count on-duty time for every carrier the driver works for, not only yours.

How the 15-hour limit works

This is the biggest practical difference from trucking. The property rule is a 14-hour window: once a truck driver comes on duty, the clock runs continuously and breaks do not stop it. The passenger rule counts on-duty time. FMCSA's summary is explicit that off-duty time is not included in the 15 hours.

That makes the passenger rule well suited to charter work, where a driver delivers a group in the morning and waits through the day. If the driver is genuinely off duty during the wait, those hours do not count toward the 15. But the time is off duty only if the driver is relieved of all responsibility for the vehicle, the passengers and their baggage, and is free to do as they choose. A driver required to stay with the bus, guard luggage or be ready to move the coach on short notice is on duty.

Passenger vs. property: side by side

Because there is no 34-hour restart for passenger drivers, the weekly limit works as a rolling total. Hours from the oldest day drop off as each new day is added. Plan multi-day tours with that in mind: a long tour week can leave a driver with very few hours available at the start of the next week.

For the property rules in detail, see the truck hours-of-service guide.

Sleeper berth on a coach

Under 49 CFR 395.1(g)(3), a passenger driver in a vehicle with a sleeper berth may meet the 8-hour off-duty requirement with 8 consecutive hours off duty, 8 hours in the berth, or a combination. The berth time may also be split into two periods, with conditions:

• neither period is shorter than 2 hours, and the two must add up to at least 8;
• driving time before and after each rest period, added together, may not exceed 10 hours;
• on-duty time before and after each rest period, added together, may not include driving after the 15th hour.

Most motorcoaches have no sleeper berth, so this mainly matters for entertainer coaches and some long-distance operations. A passenger seat is not a sleeper berth; the berth must meet the equipment requirements in Part 393.

Other provisions that come up in passenger work

Short-haul exception

Under 49 CFR 395.1(e)(1), a driver who stays within 150 air miles (172.6 statute miles) of the normal work reporting location, is released within 14 consecutive hours, and gets at least 8 consecutive hours off between shifts does not need a record of duty status or an ELD. The carrier must keep time records showing start and end times for 6 months. Local charter, shuttle and tour work often fits.

Deadheading and positioning

Under 395.1(j)(2), when a passenger driver travels at the carrier's direction without driving, for example riding to pick up a coach, the time is on duty unless the driver gets at least 8 consecutive hours off on arrival, in which case the whole period counts as off duty.

Adverse driving conditions

Under 395.1(b)(1), if snow, fog or an unexpected road closure that could not have been known at dispatch slows a trip, the driver may extend the 10-hour and 15-hour limits by up to 2 hours to finish the run or reach a safe place.

ELDs

Passenger drivers who must keep a record of duty status generally must use a registered ELD. FMCSA lists the exceptions: drivers who need a record of duty status on no more than 8 days in any 30-day period, driveaway-towaway operations, and vehicles manufactured before model year 2000. Older coaches are common in the charter market, so check the engine model year on any vehicle you buy.

Non-business private carriers

Churches, scout groups and similar organizations follow the passenger limits but are exempt from the 395.8(a) record-of-duty-status requirement, according to FMCSA's private motor carrier of passengers guidance. The limits still apply; only the paperwork is lifted. See school bus and church bus rules.

Common mistakes

• Applying the truck rules. An ELD set to the property ruleset will show the wrong clocks. Make sure each driver's ELD is configured for passenger-carrying operation.
• Logging a waiting driver as off duty. If the customer expects the driver to stay with the coach, or the driver holds the keys and watches the luggage, the time is on duty.
• Assuming a restart exists. Passenger drivers have no 34-hour restart. Only the rolling 60 or 70 hours applies.
• Forgetting other employers. A part-time driver who also works another driving job brings those on-duty hours into your weekly calculation. Under 395.8(j), get a signed statement of the driver's on-duty hours for the prior 7 days.
• Booking trips that cannot be driven legally. A 12-hour drive needs two drivers or an overnight stop. Customers sometimes push back; the rule applies to the carrier and the driver either way.

Most states adopt these limits for intrastate passenger carriers, sometimes with modifications. Check your state's motor carrier rules if you run in-state only.

Questions

How many hours can a bus driver drive in a day?

Up to 10 hours of driving after 8 consecutive hours off duty, and no driving after 15 hours on duty. Adverse driving conditions can extend both by up to 2 hours.

Do bus drivers need a 30-minute break?

No federal 30-minute break applies to passenger-carrying drivers. That requirement is in the property-carrier rule. Company policy, collective bargaining agreements or state rules may still require breaks.

Can a motorcoach driver use the 34-hour restart?

No. The 34-hour restart is a property-carrier provision. Passenger drivers are limited by a rolling 60 hours in 7 days or 70 hours in 8 days.

Does waiting time at a charter destination count toward the 15 hours?

Only if it is on-duty time. If the driver is relieved of all responsibility for the bus, passengers and baggage and is free to do as they choose, the wait is off duty and does not count.

Does an 8-hour break reset the 10 and 15-hour limits?

Yes. Eight consecutive hours off duty, in the sleeper berth, or a qualifying combination starts a new 10-hour driving and 15-hour on-duty period. It does not reset the weekly limit.