FMCSA to allow 512 CDL holders to participate hours-of-service flexibility pilot programs

The Federal Motor Carrier Safety Administration (FMCSA) will recruit hundreds of Commercial Driver’s License (CDL) holders to participate in a pair of pilot programs announced this week.

On September 15, the U.S. Department of Transportation (USDOT) announced two pilot programs to study whether giving truck drivers increased flexibility in the current hours-of-service (HOS) regulations will reduce fatigue and improve safety. The announcement came as part of USDOT’s National Truck Driver Appreciation Week celebrations.

In notices filed in the Federal Register on September 17, the FMCSA provided more information on the programs and what participation would look like for the 512 CDL-holders chosen to participate after protocol development begins in early 2026.

Split Sleeper Berth Pilot Program

Participants in FMCSA’s Split Sleeper Berth Pilot Program would be granted temporary regulatory relief from regulations requiring one rest period of at least 7 consecutive hours in the sleeper berth for drivers who elect to split their time in the sleeper berth. 

See below for more key takeaways on this pilot.

• Participation in the pilot program would be limited to approximately 256 drivers of CMVs who possess a valid CDL and regularly utilize the sleeper berth.
• Drivers who wish to participate in the pilot and their employing motor carriers would be required to meet specific eligibility criteria to participate.
• Drivers participating would receive a smartwatch that would gather data on total sleep time, time of day sleep was taken, and sleep quality.
• Drivers selected for participation would provide FMCSA with data for a 4-month period, divided into a “baseline” period of 1 month, during which they would comply with the current sleeper berth regulations, and another period of 3 months, during which they would operate under an exemption allowing additional flexibility in how they may split their sleeper berth time.
  • Data gathered would include records of duty status prepared using an electronic logging device and roadside inspection data and crash records.
• FMCSA will use the data collected to compare drivers’ safety performance and fatigue levels between the baseline and exemption periods. 
• FMCSA will identify approved participants to safety compliance and enforcement personnel via a document provided to each participant that must be carried by the driver during the data collection portion of the pilot program which identifies them as an approved participant. 
• Drivers and carriers will be able to apply via electronic submission form through a forthcoming FMCSA pilot program website.
• FMCSA will accept public comment on the pilot program. You can visit this link to leave your comment electronically.

Split Duty Period Pilot Program

Participants in FMCSA’s Split Duty Period Pilot Program would be granted temporary regulatory relief from the HOS requirement that all driving by drivers of property-carrying commercial motor vehicles (CMVs) be completed within 14 hours after coming on duty.

See below for more key takeaways on this pilot.

• Participating CMV drivers would have the option to extend their 14-hour “driving window” by taking one off-duty, sleeper berth, or on-duty/not driving period (taken at the location of a pick-up or delivery of cargo), including what is sometimes called “detention time”, of no less than 30 minutes and no more than 3 hours. 
• Participation would be limited to approximately 256 CD holders who meet the eligibility criteria.
  • Drivers of passenger-carrying CMVs would not be eligible for participation.
• The pilot program would examine whether such flexibility 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. 
• FMCSA believes that the exemption covered by the proposed pilot program provides the flexibility to take extra rest, avoid driving during traffic congestion, and mitigate the impacts of unreasonable “detention times.”
• Participating drivers would receive a smart watch that will gather data on total sleep time, time of day sleep was taken, and sleep quality.
• The data collection portion of the pilot program will be 4 months per participating driver. Of that time, for each driver, 1 month will involve the collection of data while the driver operates under ‘‘baseline’’ conditions (i.e., according to the current regulations). The remaining 3 months of the data collection period will consist of operations under the exemption.
  • Data would be collected from records of duty status prepared using an electronic logging device as well as roadside inspection data and crash records.
• FMCSA will identify approved participants to safety compliance and enforcement personnel via document provided to each participant that must be carried by the driver during the data collection portion of the pilot program which identifies them as an approved participant.
• Drivers and carriers will be able to apply via electronic submission form through a forthcoming FMCSA pilot program website.
• FMCSA will accept public comment on the pilot program. You can visit this link to leave your comment electronically.

“Truck drivers are the backbone of our economy, and we owe it to them to explore smarter, data-driven policies that make their jobs safer and more enjoyable,” said U.S. Transportation Secretary Sean P. Duffy. “These pilot programs will help identify real solutions for America’s drivers without compromising safety.”