The FMCSA is set to launch a pilot program aimed at reevaluating split sleeper berth regulations, enhancing driver flexibility and participation.
The Federal Motor Carrier Safety Administration (FMCSA) is approaching the launch of a significant pilot program that seeks to revise split sleeper berth requirements. This initiative focuses on introducing greater flexibility regarding how drivers manage their mandatory off-duty period, currently set at 10 hours.
Program Overview and Objectives
In a recent notice published in the Federal Register, FMCSA detailed the information collection processes necessary for assessing potential changes to existing sleep requirements. The current regulations mandate a full 10 consecutive hours off, allowing splits only in the form of either seven hours in the sleeper berth followed by two hours off-duty, or an eight-hour and two-hour split. The proposed adjustments would permit combinations such as 5-5 or 6-4 splits, contingent upon the minimum sleeper berth duration decreasing to five hours.
Participation Incentives and Requirements
FMCSA seeks up to 256 volunteer drivers for this pilot program, which runs over a 16-week period. Participants will receive a stipend of $1,600 for their involvement, as indicated in a press release from August 2025. Drivers participating in the study will have the flexibility to determine how they utilize their 10 hours off-duty within the prescribed timeframe.
Regulatory Context and Historical Background
This pilot program is part of a broader goal outlined in a previous April 2025 executive order aimed at enhancing the working conditions for truck drivers. The Federal Register notice emphasizes that this pilot can be seen as a fulfillment of that directive.
The journey toward introducing flexible sleeper berth options has been lengthy. A call for a “flexible sleeper berth pilot program” was initially made by the American Trucking Associations and Minnesota Trucking Association back in 2013, following feedback gathered in FMCSA listening sessions since 2010. Since the implementation of the Hours of Service rule in 2011, a split sleeper berth arrangement beyond the prescribed 7-3 and 8-2 formats has not been sanctioned. The FMCSA has recognized the necessity to further investigate whether additional flexibility could enhance safety without compromising compliance.
Expected Outcomes and Scheduling
The pilot program is likely to provide insights into the effects of more varied sleep patterns. Previous research cited in the September 2025 Federal Register suggested that strategically implemented split sleep can be restorative and may not detrimentally affect driver performance. This pilot is expected to highlight how such variations might work in real-world scenarios.
While the testing phase for drivers will last 16 weeks, the entire pilot operation is projected to unfold over a period of 34 to 36 months. This extended timeframe reflects the FMCSA’s intent to ensure comprehensive data collection and analysis, allowing for a thorough evaluation of the impacts of these potential regulatory changes.
Stakeholder Perspectives
Chris Eckhart, a partner at the Scopelitis law firm, stated that the recent Federal Register notice is a continuation of the efforts initiated in September 2025, aimed at soliciting feedback on the proposal for increased flexibility in sleeper berth regulations. Interestingly, while this notice marks a step forward, it does not introduce new elements beyond the previously proposed framework.
The Owner Operator Independent Drivers Association (OOIDA) has also expressed support for increasing the hours of service flexibility. Executive Vice President Lewie Pugh noted that while the group has been advocating for this flexibility since 2018, it’s critical that drivers retain control over how they choose to allocate their off-duty hours. He emphasized the need to prevent external pressure from carriers or shippers dictating how these hours are utilized, a sentiment echoed in ongoing discussions about driver coercion.
Eligibility Criteria
The FMCSA has outlined specific criteria for driver eligibility in this study. Disqualifying conditions include holding an “unsatisfactory” safety rating from the FMCSA, having an Out of Service (OOS) rate exceeding the national average, or any FMCSA enforcement actions over the past three years. This filtration process aims to engage only the most qualified drivers for the pilot program, ensuring that the data collected is as reliable as possible.
Future Considerations
The FMCSA's efforts to reevaluate split sleeper berth regulations underscore an ongoing commitment to enhancing operational flexibility for truck drivers while maintaining safety standards. As this pilot takes shape, the results may lead to a significant transformation in the Hours of Service rules, directly impacting the working lives of drivers across the nation. With the comment period open until December 7, stakeholders are encouraged to contribute their insights towards shaping the future of these regulations.
