§395.5 — Maximum driving time for passenger-carrying vehicles 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. |
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(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. |
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[70 FR 50073, Aug. 25, 2005]
§395.5 — DOT Regulatory Guidance
Question 1: Would a driver delivering an empty commercial motor vehicle designed or used to carry passengers, from the manufacturer or distributor to a dealer, or otherwise engaged in a "driveaway-towaway" trip as defined in §390.5, be required to comply with the hours-of-service regulations for passenger-carrying drivers? Guidance: No. The property-carrier hours-of-service rules in §395.3 are applicable to drivers operating commercial motor vehicles designed or used to transport passengers in a "driveaway-towaway" operation, as defined in §390.5.