For years, truck drivers have asked for more flexibility under hours-of-service (HOS) rules. Now, the Federal Motor Carrier Safety Administration (FMCSA) is moving forward with two pilot programs that would give participating drivers more options for scheduling work and rest. Following small pre-tests earlier this year, the agency is preparing for larger studies in 2027 to determine whether that flexibility can improve working conditions while maintaining or improving safety.
On October 6 and 7, FMCSA published notices seeking public comment on the pilots’ proposed data collection. Comments are due December 7.
More Control Over Work and Rest
Even when a driver stops to rest, waits out traffic, or gets held up at a loading dock, the 14-hour driving window generally keeps running, leaving less time to complete the trip.
The Owner-Operator Independent Drivers Association (OOIDA) has requested more flexibility to help drivers manage these situations. It also supports additional sleeper-berth splits, noting that not every driver can sleep for seven, eight, or 10 hours at a time.
OOIDA also wants to make sure greater flexibility gives drivers more control over their schedules, rather than putting more pressure on them to work longer. The association is concerned that carriers, shippers, or receivers could pressure drivers to pause the 14-hour window during loading delays. That pressure could extend the workday without giving drivers more say in when they rest. FMCSA says it will monitor shippers during the pilot for increased detention and driver exploitation.
What FMCSA Will Test
FMCSA’s pilots would test two specific changes:
- Additional sleeper-berth splits. Participating drivers could use combinations such as 6/4 and 5/5, alongside the qualifying splits available today. One period would need to include at least five consecutive hours in the sleeper berth, compared with the current seven-hour minimum. The paired rest periods would still need to total at least 10 hours.
- A pause to the driving window. Participating drivers could pause the 14-hour window once per day for a continuous period of 30 minutes to three hours. Qualifying time could be spent off duty or in the sleeper berth anywhere, or on duty without driving at a cargo pickup or delivery location.
Drivers generally have a 14-hour window to complete up to 11 hours of driving. The pause would extend that window, giving them more time to use their available driving hours without increasing the 11-hour limit. Any on-duty time used for the pause would still count toward the applicable 60/70-hour on-duty limits.
Who Can Participate?
FMCSA plans to recruit approximately 256 volunteer drivers for each pilot, including independent owner-operators and drivers from small, medium, and large carriers. Eligibility would depend on driver and carrier safety records, and participants would need a valid CDL and medical certificate. Those in the sleeper-berth pilot would also need to regularly use the sleeper berth in their usual truck.
The commitment would last 16 weeks. During the first four weeks, drivers would follow current HOS rules. During the remaining 12 weeks, they could use the approved exemption while researchers collect information about their work, rest, and driving performance.
Participation would involve surveys, brief alertness tests, a wrist-worn sleep monitor, electronic duty logs, and non-camera vehicle telematics. These tools would help researchers assess how the additional flexibility affects fatigue and safety.
Drivers could receive up to $1,600 for completing all study tasks. Interested drivers and carriers can send their contact information to pilots@dot.gov to receive updates.
Could These Options Become Permanent?
Any decision to make these options permanent will depend on the evidence, including their effects on fatigue and driving performance. Permanent changes would require a separate rulemaking process, and FMCSA has not announced a timeline for making these options part of the standard HOS rules.
In the meantime, existing HOS requirements continue to apply outside the approved pilots.
Have questions about HOS compliance? At US Compliance Services, we can help you review your HOS records, identify inconsistencies, and manage your ELD and eLog compliance needs.
