FMCSA proposes a 16-week study of 256 CMV drivers using current sleeper-berth rules and flexible 5/5, 6/4 or intermediate splits; comments are due December 7.
FMCSA published the information-collection notice on October 7
The Federal Motor Carrier Safety Administration published a notice and request for comments for a new information collection titled Hours of Service of Drivers: Pilot Program to Allow Commercial Drivers to Split Sleeper Berth Time. The notice is Federal Register document 2026-20524 under docket FMCSA-2026-2080.
The proposed study would include about 256 drivers
FMCSA says approximately 256 commercial motor vehicle drivers would provide data. Each participating driver would take part for 16 weeks. The study is designed to compare the same driver's fatigue and driving performance while operating under current hours-of-service rules and while operating under a flexible sleeper-berth exemption.
Comments are due December 7, 2026
The agency requests comments by December 7, 2026. It specifically asks whether the collection is necessary, whether the estimated burden is accurate, how the information's quality and usefulness could be improved, and how the burden could be reduced without weakening the data.
Current federal rules generally allow 7/3 and 8/2 combinations
For a property-carrying CMV driver using the sleeper-berth provision, the current rule permits the required off-duty time to be divided into one sleeper-berth period of at least seven consecutive hours and a second period of at least two consecutive hours, with the two periods totaling at least ten hours. In practice, that permits 7/3, 8/2 and gradations between them when all conditions are met.
The pilot would test a five-hour minimum for the longer period
FMCSA says participating drivers would receive an exemption reducing the longer sleeper-berth period to a minimum of five consecutive hours. That would allow 5/5, 6/4 or intermediate combinations totaling the equivalent of ten consecutive hours off duty. The exemption would apply to approved study participants, not every commercial driver.
This notice does not change the general HOS rule
The October 7 document is an information-collection notice connected to a research pilot. It does not amend 49 CFR 395.1 for the industry, and it does not authorize an unselected driver to begin using a 5/5 split. Drivers should continue following the current rule unless FMCSA formally enrolls them and grants the applicable pilot exemption.
The research would measure fatigue from several angles
Planned data sources include pre- and post-study surveys, psychomotor vigilance tests, subjective sleepiness ratings, wrist actigraphy, records of duty status and a non-intrusive telematics device. FMCSA says those sources would provide information about schedules, flexible-split use, sleep, fatigue and driving performance.
The design compares each driver under both conditions
The notice describes a within-subjects research design. Instead of comparing unrelated groups only, the study would compare data from the same drivers when they operate under current regulations and when they use the flexible sleeper-berth exemption. FMCSA says the analysis may include statistical tests, descriptive analysis and case narratives for events such as crashes.
Participating carriers would need acceptable safety records
Carrier eligibility would require applicable interstate authority and registration, required financial responsibility, no high- or moderate-risk designation, no unsatisfactory safety rating, no FMCSA enforcement actions in the prior three years, and driver and vehicle out-of-service rates no higher than national averages. Unpaid civil penalties could also be grounds for exclusion.
Carriers would have operational and data obligations
Approved carriers would need to permit driver participation, follow the pilot procedures, allow the Virginia Tech Transportation Institute to gather records-of-duty-status information and permit participating drivers to operate under the exemption. The notice therefore describes a structured research program, not an informal carrier policy choice.
Driver eligibility would be screened
The notice says a driver would be ineligible if identified in the Drug and Alcohol Clearinghouse, even after completing the return-to-duty process, or if the driver's license was suspended, revoked or cancelled, or the driver was disqualified for a listed section 383.51 offense during the preceding two years. FMCSA also reserves authority to exclude a driver whose safety history is incompatible with the study.
Participants would need a sleeper-equipped truck and current credentials
Drivers would have to possess a valid CDL, maintain a valid medical certificate, work for an approved carrier or certify as an owner-operator, regularly use the sleeper berth and operate the same sleeper-equipped CMV used for their primary employment during the study. They would also consent to required data releases and study procedures.
The estimated information burden is 4,270.92 hours
FMCSA estimates 16.68 hours of response time per driver over the 16-week study, for a total annual burden of 4,270.92 hours across 256 respondents. Daily responses would be part of the collection. Those estimates are among the issues on which the agency is requesting public input before seeking OMB clearance.
What carriers and drivers should do now
Interested parties can review docket FMCSA-2026-2080 and submit evidence-based comments by December 7. Fleets should not rewrite sleeper-berth policies around the proposed 5/5 option yet. Monitor FMCSA for enrollment instructions, final exemption conditions and study timing, while continuing to train drivers on the current 7-hour-plus-2-hour minimum structure.
Primary-source note
This report is based on FMCSA's Federal Register notice published October 7, 2026. CDL Truck Pro has separated the proposed information collection and participant-only exemption from the rules that currently apply to the wider industry. The notice does not announce a universal 5/5 sleeper-berth option or an immediate change to ordinary hours-of-service compliance.
Continue with CDL Truck Pro
Official sources
Federal Register: FMCSA flexible sleeper-berth pilot ICR, October 7, 2026Regulations.gov docket FMCSA-2026-208049 CFR 395.1(g): Current sleeper-berth provisionsCDL Truck Pro provides educational information. Confirm licensing, safety, tax, and regulatory requirements through current official sources and qualified professionals.