One issue that’s frequently cause for complaint among truck drivers is the Federal Motor Carrier Safety Administration’s (FMCSA) hours-of-service (HOS) regulations.
Good news! On Sept. 17, 2025, the FMCSA published two long-awaited actions regarding driver HOS. Each calls for a pilot program that could lead to an easing of HOS regulations.
Split sleeper berth requirements
The first would change the split sleeper berth requirements, granting drivers more freedom to choose how much time they spend in the sleeper during each shift. Currently, regulations call for at least one sleeper berth period to be at least seven consecutive hours, leaving three hours for the second sleeper berth period.
Drivers have complained that the inability to split their sleeper berth time into two five-hour periods (or any other combination of hours totaling 10 hours) is inflexible and can prevent them from getting the rest they need. More flexibility would allow drivers to arrange sleep periods to best avoid traffic congestion and to better accommodate their natural circadian rhythms.
The purpose of the pilot program is to demonstrate that the proposed change “achieves a level of safety that is equivalent to, or greater than, the level of safety that would be achieved through compliance with the current regulations.” If it does, a separate FMCSA proposal to change the regulation will need to be published.
No sleeper berth hours were proposed for the pilot program, which allows “temporary regulatory relief” from the current rule.
Only 256 CDL holders who regularly use sleeper berths will be allowed to participate in the pilot — but that doesn’t preclude drivers not selected for the pilot from taking part in the process. The FMCSA has announced a comment period lasting through Nov. 17, 2025.
Pausing the 14-hour driving window
The second FMCSA pilot program explores allowing drivers to pause their 14-hour driving window. This would allow drivers to select any non-driving duty status, off-duty, sleeper berth or on-duty, not driving, as a period that does not count against the 14-hour rule.
Drivers have complained that, when counted against the 14-hour clock, periods such as detention time at customer locations or time spent obtaining vehicle repairs can eat into their allotted driving time, impacting their pay for that day. Depending on the circumstances, the driver’s delivery could be pushed out a day, causing the loss of an entire day’s pay.
Another complaint was that strict adherence to the 14-hour rule precluded a driver who doesn’t normally split sleeper berth hours from using a rest period to avoid periods of highly congested traffic.
Before the 14-hour rule, a timely nap could allow the driver to rest and wake up refreshed — therefore they’d drive more safely and efficiently in periods of reduced traffic congestion. Doing so under current rules can cost a driver income from lost driving hours.
The 14-hour pilot program, like the split sleeper berth pilot, allows for “regulatory relief,” but in this case limitations are specified. The period used to extend the 14-hour window must be at least 30 minutes, and no longer than three hours.
As with the sleeper berth pilot, only 256 drivers will be allowed to participate. The comment period for this proposal also continues through Nov. 17, 2025.
A successful pilot (meaning that the results show a level of safety equal to or greater than current regulations) will result in a later proposal to amend the regulation.
Make your voice heard
The comment period for these proposals is an opportunity to have your voice heard. You don’t need to own a trucking company or be president of a safety advocacy group. Anyone who’s interested can submit comments, which will become part of the permanent record.
To submit comments, you’ll need the docket number of the program you’re addressing:
- Split Sleeper Berth Pilot Program: Docket Number FMCSA-2025-0193
- 14-Hour Rule Pilot Program: Docket Number FMCSA-2025-0194
The docket numbers are only one digit apart, so make sure you use the correct one. You can submit your comments in several ways.
Online
To submit comments online, go to the Federal eRulemaking Portal at regulations.gov/docket/FMCSA-2025-0193/document for the split sleeper berth pilot, or regulations.gov/docket/FMCSA-2025-0194/document for the 14-hour rule pilot. Follow the instructions you find to enter your comment.
U.S. Postal Service
You can mail your written comments to:
Dockets Operations
U.S. Department of Transportation
1200 New Jersey Ave. SE
West Building, Ground Floor
Washington, DC 20590–0001
Delivery service, courier or hand-delivery
You can use non-U.S. Mail shipping services or couriers or hand-deliver your written comments in person to the address above during the hours of 9 a.m. and 5 p.m., Monday through Friday (except Federal holidays).
The USDOT recommends calling before attempting a personal delivery to ensure someone will be there to help you. Call 202-366–9317 or 202-366–9826.
You may also fax your comments to (202) 493–2251.
Keep in mind that your comments will address one or both pilot programs only. Any proposals to change the regulations will be announced after the pilot programs are completed and the results have been presented to Congress. If changes are proposed, the changes have their own comment periods.
You can also read many of the comments submitted by others by visiting the websites noted above for submitting comments; follow the prompts to access submitted comments. Some comments, such as those containing confidential financial information the commenter doesn’t want made public, won’t be available — but you’ll be able to see most of them.
About the Federal Register
Federal agencies (there are about 440) of them) are required to post notices of proposed and final actions in the Federal Register. A free daily email subscription to the Federal Register is available to all at federalregister.gov. Look for the “My FR” tab and select “Sign In/Sign Up.”
You’ll need to register for a free account, and you’ll be among the first to know what each agency is working on, even before the story hits the media. You can stay up to date on what’s happening at the U.S. Department of Transportation and its agencies, as well as other government agencies, such as the Environmental Protection Agency and the Internal Revenue Service and many others.
By allowing comments, the Federal Register allows every citizen to have a voice in the decision-making process. Some comments are rather elaborate compositions containing study data and other information, but many comments are simply a few sentences from interested parties. It’s not uncommon at all for an agency to revise or even abandon a proposal due to public comments.
Drivers often complain that regulators who have not driven don’t understand the impact of the rules they make. Here’s an opportunity to make your position known.
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.
OK thanks
Helpful article thanks
information is helpful and makes sense to me.
A true positive move! All of us know sometimes we wake up on the wrong side of the bed! Max may be having a better day than Mortz! Many have become immune to sleep deprivation however it indeed can catch up with us. Touche’ for the fmcsa looking into this. A super article.