Remember the good old days? Well, those “good old days” fondly remembered by many old-school drivers weren’t really so good.
Keeping track of a driver’s hours of service (HOS) was pretty much a paper exercise, with lots of options for “hiding” time spent on duty or driving while stuck in traffic or other time-wasting activities. Drivers were paid, mostly, by the mile — and every minute spent doing something else was unpaid.
The Federal Motor Carrier Safety Administration (FMCSA) enacted numerous regulations designed to limit working hours and ensure drivers accurately recorded their hours of service. Unfortunately, not all those regulations helped drivers earn a paycheck. Some were even considered unsafe.
When the clock works against you
The 14-hour rule is an example of the former. Once a driver began the workday, all driving had to stop after 14 hours, regardless of how much of that time was spent working or driving.
The convenience of scheduling a nap to avoid a metro area rush hour or delaying arrival at a pickup point until appointment time largely disappeared because that time still counted against the 14-hour window.
Another rule, restricting drivers’ ability to split their sleeper-berth rest time, fell into the unsafe category.
Previously, drivers could count nap time toward their required eight-hour rest period. They could split both driving and sleeping time, provided their driving periods didn’t exceed 10 hours (now 11) and their rest periods totaled at least eight hours (now 10).
If drivers didn’t feel well or were fatigued — for any reason or none at all — they could adjust their driving and resting schedules to get better rest while making the most of available working hours.
Rigid changes to the rules, however, limited drivers’ ability to make those decisions. Later modifications to both the 14-hour rule and split-sleeper-berth provisions helped, but still didn’t give drivers enough choice.
FMCSA puts HOS flexibility to the test
Two current FMCSA pilot programs are exploring additional flexibility.
First, Docket Number FMCSA-2026-2080 concerns a pilot program that would allow selected drivers greater flexibility in splitting their sleeper-berth rest periods. The study will collect and analyze data to determine whether more flexible rest periods can improve drivers’ working conditions and quality of life without compromising safety.
Participants must follow strict requirements, and various methods of monitoring driver fatigue will be used. Carriers must meet safety criteria, and participating drivers must meet eligibility requirements, including restrictions involving recent license suspensions, revocations, cancellations or disqualifications.
Comments must be received on or before Dec. 7, 2026. Click here to view the Federal Register notice or submit comments.
Docket Number FMCSA-2026-2081 concerns a pilot program that would allow commercial drivers to pause their 14-hour driving window for up to three hours under specified conditions. Approximately 256 commercial drivers will provide data for the study, which seeks to determine whether additional flexibility can be provided without compromising safety.
Published in the Federal Register on Oct. 6, the notice also calls for comments to be submitted on or before Dec. 7, 2026. Click here to view the Federal Register notice or submit comments.
Your comments become part of the record
The federal public-comment process gives every interested driver an opportunity to have their views reviewed and included as a permanent part of the federal record. Trucking organizations, carriers, safety organizations, insurance companies and others will submit comments, but any interested individual can participate.
The easiest way to comment is online at regulations.gov. Follow the instructions for submitting comments electronically. You’ll need the docket number of the proposal you’re commenting on.
Comments can also be submitted by fax to 202-493-2251 or by old-fashioned “snail” mail to Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, W58-213, Washington, DC 20590-0001.
If you’re in Washington, D.C., you can hand-deliver comments to the same address between 9 a.m. and 5 p.m. Eastern, Monday through Friday, except federal holidays.
Be sure to include the agency name and docket number with your comment. Follow the instructions in the applicable Federal Register notice for your chosen submission method.
Keep in mind that your comments won’t be private: They’ll be posted on regulations.gov, including any personal information you provide. You’ll also be able to read comments submitted by others under the same docket number.
You don’t need to be a Rhodes scholar to contribute. Read some of the comments already submitted, and you’ll see they range from in-depth studies containing graphs and data to short, simple statements from commercial drivers and other interested parties.
Make your voice count
While it’s only human nature to grumble about unpopular laws and regulations, the federal rulemaking process gives ordinary citizens an opportunity to be heard, often before new regulations are finalized.
Many drivers are unaware they can comment on proposed actions by federal agencies beyond FMCSA, including the Environmental Protection Agency (EPA), Internal Revenue Service (IRS) and many more.
To make your comment more effective, review it for grammar and spelling, and make your point without unnecessary verbiage. Keep it simple and to the point. Insulting lawmakers or other commenters doesn’t add credibility to your comment; in fact, it may have the opposite effect. Cursing is out, too. Remember, your comment becomes part of the permanent federal record and will be there for anyone to read, generations into the future.
Finally, every citizen has the opportunity to stay informed about proposed federal actions. A free subscription to the Federal Register is available here. Create an account and sign up for daily email updates.
Cliff Abbott is an experienced commercial vehicle driver and owner-operator who still holds a CDL in his home state of Alabama. In nearly 40 years in trucking, he’s been an instructor and trainer and has managed safety and recruiting operations for several carriers. Having never lost his love of the road, Cliff has written a book and hundreds of songs and has been writing for The Trucker for more than a decade.
