What changed October 7
FMCSA published a notice and request for comments on October 7 for the information collection supporting its Flexible Sleeper Berth pilot. Comments on docket FMCSA-2026-2080 are due December 7, 2026.
This notice concerns study data and public comment. It is not a final rule and does not authorize 5/5 or 6/4 sleeper splits for drivers generally.
What the pilot would test
Current property-carrying rules allow qualifying sleeper time to be split with one period of at least seven consecutive hours and a second period of at least two hours, producing 7/3, 8/2 or intermediate splits totaling at least 10 hours. The pilot would reduce the longer sleeper period to five hours for enrolled participants, allowing 5/5, 6/4 and intermediate splits.
FMCSA plans a 16-week study of approximately 256 volunteer CMV drivers. The study would compare fatigue and driving performance under current rules and the pilot exemption using duty-status records, surveys, alertness tests, sleep/activity devices and telematics.
Who may participate
Carrier and driver eligibility would be limited. Among other conditions, carriers must have applicable interstate authority, acceptable safety records and no FMCSA enforcement action in the prior three years. Drivers must hold a valid CDL and medical certificate, regularly use a sleeper berth and meet the study's safety-history requirements.
FMCSA says volunteers will operate under the exemption only as authorized by the pilot. The agency's August update said a full launch is expected in 2027, but this October notice does not announce enrollment dates or make participation automatic.
What it means for drivers
Drivers outside the authorized study must continue following the current hours-of-service rules. A comment notice, expression of interest or carrier plan does not create an individual exemption.
The pilot is designed to generate evidence, not to predetermine a permanent rule change. Any broader change would require later agency action. Drivers and carriers can review the docket and submit comments by December 7.
Primary sources and supporting records
- Federal Motor Carrier Safety Administration / Federal Register: Hours of Service of Drivers; Pilot Program To Allow Commercial Drivers To Split Sleeper Berth TimePrimary notice and request for comments • Published 2026-10-07 • Checked October 8, 2026 at 5:03 PM
- Federal Motor Carrier Safety Administration: FMCSA Advances Hours of Service Pilot Programs for America’s Truck DriversPrimary pilot status and planned 2027 launch context • Published 2026-08-27 • Checked October 8, 2026 at 5:03 PM
- Electronic Code of Federal Regulations: 49 CFR Part 395 — Hours of Service of DriversPrimary current-rule context • Checked October 8, 2026 at 5:03 PM
- FreightWaves: FMCSA split sleeper berth pilot program moves closer to launchReputable current coverage and driver-impact context • Published 2026-10-08 • Checked October 8, 2026 at 5:03 PM
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