FMCSA seeks 256 drivers for split sleeper berth pilot

The Federal Motor Carrier Safety Administration (FMCSA) is seeking data on whether altering current truck driver rest rules would meet safety goals. The agency opened an information collection activity through a Federal Register notice released Wednesday, requesting comments on a pilot program that would allow more flexible splits of the mandatory 10-hour off-duty period. The pilot would test whether configurations like a 5-5 or 6-4 split would satisfy safety objectives, a change that would become possible if the minimum sleeper berth period dropped to five hours from seven.

Up to 256 commercial motor vehicle drivers may participate as volunteers over 16 weeks, receiving $1,600 each for taking part. The program aims to give these drivers flexibility to spend their 10 off-duty hours in the sleeper berth as they choose. Eligibility excludes drivers with an 'unsatisfactory' FMCSA safety rating, an Out of Service rate above the national average, or any FMCSA enforcement actions within the last three years.

Program builds on prior proposals and executive order directives

The pilot program is a direct response to an April 2025 executive order from the Trump administration. That order, notable mostly for its English language proficiency requirements and restrictions on non-domiciled commercial driver's licenses, also set a general goal for Transportation Secretary Sean Duffy to identify and begin carrying out administrative actions to improve truck driver working conditions. FMCSA first called for comments on the proposal in a September 2025 Federal Register notice.

Chris Eckhart, a partner with the trucking-focused Scopelitis law firm, noted the progression. "The notice published Wednesday requests comments on the information collection the FMCSA will seek through the pilot," Eckhart said.

Volunteer drivers sought with compensation and eligibility criteria

The Department of Transportation issued a press release in late August detailing the $1,600 compensation for participants. Volunteers may participate as a team of drivers. The actual testing period for drivers submitting daily data is scheduled to last 16 weeks, though the entire pilot program is projected to take 34 to 36 months from inception.

Industry groups support flexibility but emphasize driver discretion

Industry advocates have long pushed for such changes. Lewie Pugh, executive vice president of the Owner Operator Independent Drivers Association (OOIDA), reiterated his group's support for more hours-of-service flexibility for the driver. Pugh emphasized that any extra flexibility must come with the driver's discretion over how those hours are used, not be dictated by carriers or shippers for tasks like waiting for loading. "OOIDA was pushing for the three hours back in 2018," Pugh said.

Historical context shows long-standing interest in split sleeper berth reforms

The current rule permits drivers to take 10 consecutive hours off duty or to split that time into one period of at least seven hours in the sleeper berth and a second period of at least two consecutive hours off duty. In practice, this allows splits of 7/3 or 8/2. The push for reform traces back to a 2013 joint submission by the American Trucking Associations and the Minnesota Trucking Association for a 'flexible sleeper berth pilot program,' which itself followed three FMCSA listening sessions on the issue in 2010.

When the Hours of Service rule was implemented in 2011, more flexible splits were not included. FMCSA has since determined the issue should be explored in greater depth. The agency cited a 2015 review in its September 2025 notice suggesting that sleep split into multiple segments is restorative and does not negatively impact performance when implemented strategically. The review indicated split sleep does not negatively affect daytime neurobehavioral performance compared to a consolidated sleep period of the same total duration.

The comment period on the pilot program's information collection remains open until December 7.