FMCSA Proposes Pilot Programs for Hours of Service Flexibility

As announced previously by USDOT Secretary Sean Duffy as part of the agency's Pro-Trucker Initiatives, the Federal Motor Carrier Safety Administration is moving ahead with two new pilot programs. Sheduled for publication in the Federal Register on September 17, 2025, FMCSA is proposing two pilot programs aimed to address longstanding challenges faced by property-carrying truck drivers: unreasonable detention times at shippers and receivers, traffic congestion, and the rigid constraints of current HOS rules. These FMCSA hours of service (HOS) pilot programs—the Split Duty Period Pilot Program and the Flexible Sleeper Berth Pilot Program—would offer temporary regulatory relief to pilot program participants.

For truck drivers navigating America's highways, HOS regulations under 49 CFR Part 395 are the backbone of fatigue management and crash prevention. The 14-hour driving window limits a regulated driver's ability to continue driving after 14 consecutive hours on-duty, while sleeper berth provisions allow split rest to achieve the equivalent of a mandatory 10 consecutive hour off-duty break and mimic natural sleep cycles. Yet, as FMCSA acknowledges in its recent notices, real-world factors like extended waits for loading or unloading—often called "detention time"—can erode productivity and force unsafe rushed driving. By proposing data-driven exemptions, these FMCSA pilot programs seek to test whether added flexibility would achieve equivalent or greater safety levels than strict compliance.

Drawing from prior research, including FMCSA-sponsored studies on split sleep and driving performance, the programs limit participation to about 256 eligible commercial driver's license (CDL) holders from low-risk motor carriers. Over four months per driver—one baseline month under current rules and three under exemptions—FMCSA will collect metrics on safety performance, fatigue via actigraphy and psychomotor vigilance tests, and operational impacts.

The Current Hours of Service Landscape and the Need for FMCSA Pilot Programs

HOS rules have long balanced truck driver safety with operational demands in the commercial trucking industry. Enforced by FMCSA under Part 395 of the Federal Motor Carrier Safety Regulations (FMCSRs), these rules cap driving time at 11 hours within a 14-hour on-duty window after 10 consecutive hours off-duty. For sleeper berth users—essential for team drivers and long-haul operations—rest can split into two non-consecutive off-duty/sleeper berth breaks totaling 10 hours.

Yet, challenges persist. A 2019 FMCSA HOS notice of proposed rulemaking (NPRM) highlighted how the inflexible 14-hour window exacerbates detention time issues, where drivers lose productive hours waiting at facilities (84 FR 44190). Similarly, rigid sleeper berth splits limit rest quality, especially during daylight when consolidated sleep is harder. Past proposals, like a 2013 joint petition from the American Trucking Associations and Minnesota Trucking Association for flexible sleeper berth time, and a 2017 FMCSA pilot concept (82 FR 26232), laid groundwork but stalled due to data gaps.

Enter these 2025 FMCSA pilot programs. Limited to three years, they mandate equivalent safety via countermeasures like real-time monitoring and participant removal for risks. By focusing on property-carrying CMVs (excluding passenger-carrying drivers), FMCSA targets high-impact scenarios while gathering empirical data on fatigue, crashes, and violations.

Backed by studies like FMCSA's 2012 split sleep investigation showing no adverse neurobehavioral effects from "5/5" splits, these programs address calls for HOS flexibility. They promise to mitigate truck driver fatigue, a factor in 13% of large-truck crashes per the National Highway Traffic Safety Administration (NHTSA). For motor carriers, the regulatory relief could cut detention-related losses, estimated at $1.3 billion annually by the American Transportation Research Institute (ATRI).

As FMCSA emphasizes, these aren't blanket exemptions but controlled trials with around 256 participants, which should yield statistically valid findings.

Split Duty Period Pilot Program: Pausing the 14-Hour Driving Window for CMV Drivers

The first of the two announced pilot programs-- the Split Duty Period Pilot Program (Docket FMCSA-2025-0194)--tackles the 14-hour driving window's rigidity head-on. Under current rules (§ 395.3(a)(2)), property-carrying CMV drivers must complete all driving within 14 consecutive hours after coming on duty, clock reset only by 10 hours off-duty. This FMCSA pilot program grants temporary relief to pilot program participants, allowing one pause of between 30 minutes and three hours—off-duty, sleeper berth, or on-duty/not driving at pickup/delivery sites—to extend the window, excluding it from the 14-hour count.

FMCSA cites detention time as a key culprit driving this program. Drivers often idle unpaid for hours, compressing schedules and heightening fatigue risks. The pause lets CMV drivers rest during congestion or waits, potentially averting rushed post-detention drives. Research from FMCSA's 2011 "Impact of Driving, Non-Driving Work, and Rest Breaks" study shows breaks counteract time-on-task fatigue, with modest safety critical event (SCE) rises only beyond 14 hours—precisely what the pause targets.

Participation caps at 256 CDL holders from eligible motor carriers, focusing on interstate property haulers. The four-month structure—one baseline month under standard HOS, three under exemption—enables within-subjects comparisons. Data would be collected via study-provided smartphones and actigraph "smartwatches," records of duty status (RODS) from electronic logging devices (ELDs), roadside inspections, crashes, sleep metrics (latency, wakefulness), PVT reaction times for alertness, and Karolinska Sleepiness Scale (KSS) ratings.

FMCSA's oversight plan includes monthly SMS reviews, crashes bi-daily, and incoming data weekly, with removal rights for non-compliance or risks. To curb abuse—like carriers pressuring pauses for their gain—FMCSA will track duty status types and monitor shipper influences. Eligibility will extend to "low-risk carriers" (no high/moderate SMS, <5.97% driver OOS, <21.41% vehicle OOS) and drivers with clean records (no §383.51 disqualifiers in two years). Applications via FMCSA's pilot site would require consent for confidential data sharing with third-party researchers.

Comments on this proposal will be due by mid-November in FMCSA docket no. FMCSA-2025-0194 at www.regulations.gov.

Flexible Sleeper Berth Pilot Program

Complementing the pause option, the Flexible Sleeper Berth Pilot Program (Docket FMCSA-2025-0193) reimagines rest for sleeper-equipped CMV drivers. Current rules (§395.1(g)(1)) limit sleeper berth splits to "7/3" or "8/2." This FMCSA pilot program exempts the seven-hour minimum, allowing "5/5" or "6/4" splits—still totaling 10 hours—while preserving driving limits.

Rooted in 2013 ATA/MTA petitions and 2017 proposals, it addresses sleep science: consolidated daytime rest is suboptimal, but strategic splits restore alertness without neurobehavioral deficits, per FMCSA's 2012 lab study of 53 drivers simulating "5/5" schedules. Literature reviews (e.g., Belenky et al., 2008) affirm split sleep's recuperative value, countering outdated concerns from 1995 NTSB findings on fatigue predictors.

Like its counterpart, this pilot would involve around 256 drivers over four months (one baseline, three exempted), collecting ELD RODS, inspections, crashes, actigraphy for sleep duration/quality, PVT for vigilance, KSS for subjective fatigue, and surveys. Data analysis and carrier participation would closely mirror the pause program.

Comments on this proposal will be due in mid-November in FMCSA docket no. FMCSA-2025-0193 at www.regulations.gov.

Conclusion

Central to both FMCSA hours of service pilot programs is achieving "equivalent or greater" safety (49 U.S.C. 31315(c)(2)). FMCSA will gather and study data from program participants and ultimately decide whether to incorporate the programs into its regulations more broadly.

About Trucksafe Consulting, LLC: Trucksafe Consulting is a full-service DOT regulatory compliance consulting and training service. We help carriers develop, implement, and improve their safety programs, through personalized services, industry-leading training, and a library of educational content. Trucksafe also hosts a livestream podcast on its various social media channels called Trucksafe LIVE! to discuss hot-button issues impacting highway transportation. Trucksafe is owned and operated by Brandon Wiseman and Jerad Childress, transportation attorneys who've assisted some of the nation’s leading fleets to develop and maintain cutting-edge safety programs. You can learn more about Trucksafe online at www.trucksafe.com and by following Trucksafe on LinkedIn, Facebook, Twitter, and YouTube. Or subscribe to Trucksafe's newsletter for the latest highway transportation news & analysis. Also, be sure to check out eRegs, the first app-based digital version of the federal safety regulations aimed at helping carriers and drivers better understand and comply with the regulations.