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Hours of Service: FMCSA Pilots Test More Flexibility

FMCSA is advancing two Hours of Service pilot programs testing flexible sleeper berth splits and pauses to the 14-hour driving window.

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FMCSA is advancing two Hours of Service pilot programs testing flexible sleeper berth splits and pauses to the 14-hour driving window.

FMCSA Advances Hours of Service Pilot Programs

The FMCSA is moving forward with two Hours of Service pilot programs designed to test more scheduling flexibility for commercial truck drivers.

The programs would test alternatives to current federal HOS requirements. One would allow participating drivers to pause their 14-hour driving window for certain non-driving periods. The other would test new ways to divide the required 10 hours of off-duty time for drivers using sleeper berths.

FMCSA says the research will examine whether those changes can give drivers greater control over their schedules while maintaining an equal or greater level of safety. The programs do not change Hours of Service regulations for truck drivers generally. The alternative rules would apply only to qualified drivers participating in the pilot programs while the research is underway.

Two Hours of Service Programs Test More Flexibility

FMCSA is developing two separate programs: the Split Duty Period Pilot Program and the Flexible Sleeper Berth Pilot Program. Both examine parts of the current HOS regulations that can limit how drivers arrange their work and rest periods.

Under current federal rules for property-carrying drivers, a driver generally may drive for up to 11 hours after 10 consecutive hours off duty. The driving must also be completed within a 14-consecutive-hour window after coming on duty. Under normal circumstances, taking additional off-duty time during that period does not extend the 14-hour window. FMCSA’s pilots would test whether certain periods could be handled differently without reducing safety.

Split Duty Period Could Pause the 14-Hour Window

The Split Duty Period Pilot Program focuses on the 14-hour driving window. Participating drivers would be allowed to exclude up to three hours of certain non-driving time from their 14-hour window. In practice, this would temporarily pause the clock. The break would have to last at least 30 minutes but no more than three hours.

Drivers could take the qualifying break:

  • Off duty or in the sleeper berth at any location
  • On duty but not driving at a cargo pickup or delivery location

The second option is particularly notable because it could include time a driver spends waiting at a shipper or receiver.

Under existing Hours of Service rules, a driver’s 14-hour window generally continues running during these periods. The pilot would examine what happens when qualifying non-driving time is excluded from that window.

FMCSA says this additional flexibility could give participating drivers more control over their schedules, including opportunities to rest, avoid congestion or manage delays.

Hours of Service Pilot Tests New Sleeper Berth Splits

The second pilot focuses on sleeper-berth flexibility.

Current rules allow property-carrying drivers to divide their required 10 hours off duty using qualifying splits such as 8/2 or 7/3.

FMCSA’s Flexible Sleeper Berth Pilot Program would test two additional options:

  • 6/4 split
  • 5/5 split

Both would still provide a total of 10 hours of qualifying rest.

The purpose is to determine whether allowing drivers to divide their rest periods more evenly could provide greater scheduling flexibility without increasing fatigue or reducing safety.

For example, a 5/5 option could give a participating driver two five-hour rest periods rather than requiring one longer sleeper-berth period.

FMCSA will study how the additional options affect driver fatigue and overall safety performance.

Detention Time Is Part of the Hours of Service Study

The Split Duty Period program could have particular importance for drivers who regularly experience delays at loading and unloading facilities. Waiting at a shipper or receiver can consume a significant part of a driver’s 14-hour window even when the truck is not moving.

Under the pilot, qualifying on-duty, non-driving time at a pickup or delivery location could be used to pause that window for up to three hours. That does not mean detention time is being removed from Hours of Service calculations nationwide. Instead, FMCSA will study participating drivers to determine whether this type of flexibility can work while maintaining safety. The results could provide federal regulators with additional information when considering future HOS policy.

Drivers Will Help FMCSA Test the Programs

FMCSA is using participating commercial drivers to study how the proposed alternatives work in real-world operations.

Before the broader pilots, the agency planned smaller pre-tests to evaluate its study plans, driver training materials and data collection tools.

The pre-testing included drivers for both programs. Participants in the Flexible Sleeper Berth study needed experience using existing sleeper-berth splits and an interest in testing the proposed alternatives.

Drivers involved in Split Duty Period testing were expected to have schedules that regularly bring them close to the end of their 14-hour window.

The smaller tests are intended to help researchers identify potential problems before conducting broader research.

More Than 500 Drivers Expected in Broader Research

The initial testing represents only one stage of the research.

The broader pilot programs are expected to involve hundreds of commercial truck drivers as FMCSA studies the proposed HOS alternatives.

Researchers will collect information to evaluate how the additional scheduling flexibility affects participating drivers.

Safety will remain a central part of the research.

FMCSA must determine whether the alternatives provide a level of safety that is equivalent to or greater than existing federal requirements before the findings could support broader changes.

Hours of Service Rules Have Not Changed

For drivers who are not participating in the research, current Hours of Service regulations remain in effect.

Property-carrying drivers generally remain subject to the 11-hour driving limit, 14-hour driving window, 30-minute break requirement and applicable 60/70-hour limits.

Current sleeper-berth requirements also remain unchanged.

The proposed 6/4 and 5/5 sleeper splits and the ability to pause the 14-hour window are being studied as pilot alternatives. They are not new HOS options available to all commercial drivers.

The results of the programs could eventually help FMCSA decide whether broader regulatory changes should be considered.

For now, the two pilot programs will examine whether additional scheduling flexibility can give truck drivers more control over their work and rest periods while maintaining roadway safety.

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