---
kind: "section"
citation: "49 C.F.R. § 395.5"
title: "49"
number: "395.5"
heading: "Maximum driving time for passenger-carrying vehicles."
url: "https://uscodex.org/cfr/49/395.5"
---

# §395.5. Maximum driving time for passenger-carrying vehicles.


Subject to the exceptions and exemptions in [§ 395.1](/cfr/49/395.1.md):

- (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.

## Notes

### Amendments

[70 FR 50073, Aug. 25, 2005]

### Authority

Authority: 49 U.S.C. 504, 21104(e), 31133, 31136, 31137, 31502; sec. 113, Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106-159 (as added and transferred by sec. 4115 and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744), 113 Stat. 1748, 1773; sec. 4133, Pub. L. 109-59, 119 Stat. 1144, 1744; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5206(b), Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 1.87.

### Source

Source: 33 FR 19758, Dec. 25, 1968, unless otherwise noted.

### Amendments

[70 FR 50073, Aug. 25, 2005]