FMCSA Opens Comment Window for 5/5 and 6/4 Sleeper-Berth Pilot

FMCSA takes another step toward a flexible sleeper-berth test

The Federal Motor Carrier Safety Administration has opened a public comment period on the information it plans to collect for a proposed Flexible Sleeper Berth pilot program. The notice was published October 7, 2026, and comments are due by December 7, 2026.

The development is important because the pilot would let approved participants test sleeper-berth splits that are not generally available under today's federal hours-of-service rules. Specifically, participating drivers could use a 5/5 split, a 6/4 split, or another combination between those two formats, as long as the two qualifying periods total at least 10 hours and one period includes at least five consecutive hours in the sleeper berth.

This is **not** a nationwide change to the HOS rules. It is a proposed research program with limited participation, data collection, eligibility standards and a temporary exemption for approved drivers and carriers.

What the current rule allows

For property-carrying drivers using the sleeper-berth exception, the current federal rule generally allows the required 10 hours off duty to be taken in two qualifying periods:

• One period of at least seven consecutive hours in the sleeper berth.
• A second period of at least two consecutive hours that may be spent in the sleeper berth, off duty, or in a combination of those statuses.
• The two periods must total at least 10 hours.

In practice, that framework permits a 7/3 split, an 8/2 split, and combinations between those formats. When used correctly, the qualifying periods do not count against the driver's 14-hour driving window.

FMCSA's proposed pilot would reduce the required longer sleeper-berth period from seven consecutive hours to five for participating drivers. That would create options such as 5/5 and 6/4, potentially allowing drivers to better align rest with congestion, appointment times, weather, parking availability and personal sleep needs.

But until a driver and carrier are formally admitted to the pilot and operating under its exemption, the current 7/3 and 8/2 framework remains in force.

What FMCSA is studying

The October 7 notice is formally a request for comments on an information collection request that FMCSA plans to submit to the Office of Management and Budget. The agency wants feedback on the proposed collection before the study can proceed.

FMCSA plans to enroll approximately 256 commercial motor vehicle drivers. The agency's research design would compare the same drivers' performance under current HOS requirements and under the flexible sleeper-berth exemption. Participants would be in the study for 16 weeks.

The agency says the study would use several data sources, including:

• Pre-study and post-study surveys.
• Driver records of duty status.
• Sleepiness ratings.
• Psychomotor vigilance tests designed to measure alertness.
• Wrist-worn actigraphy devices used to track sleep and activity patterns.
• Non-intrusive telematics devices.

The focus is not simply whether drivers prefer additional schedule flexibility. FMCSA intends to assess fatigue, driving performance and whether the added flexibility can provide safety equal to or better than operations under the existing rule.

FMCSA has cited previous research suggesting that strategically split sleep can be restorative and may not harm daytime performance compared with one consolidated sleep period of the same total duration. The pilot is designed to generate trucking-specific data under real operating conditions.

Who could participate

Participation would be voluntary, but it would not be open to every carrier or driver. The Federal Register notice outlines several proposed eligibility conditions.

A participating carrier would need applicable interstate operating authority and registration, required financial responsibility, and a satisfactory safety standing. Among other requirements, a carrier could not be classified as high or moderate risk, have an Unsatisfactory safety rating, have FMCSA enforcement actions within the prior three years, or exceed national-average driver or vehicle out-of-service rates.

Drivers would need to operate a sleeper-equipped CMV as part of their main employment, hold a valid CDL, maintain a valid medical certificate, regularly use the sleeper berth and agree to follow the study procedures. The notice also says drivers identified in the Drug and Alcohol Clearinghouse would not be eligible, regardless of return-to-duty status. Certain recent license suspensions, revocations, cancellations and disqualifying convictions would also prevent participation.

For owner-operators, the proposed structure allows participation if they meet the study's requirements and can certify their status. Carrier permission and cooperation would still matter because FMCSA and the Virginia Tech Transportation Institute would need access to records-of-duty-status information and permission for the driver to operate under the exemption.

Why this matters to drivers and fleets

A more flexible split could be meaningful for longhaul drivers whose workdays do not fit neatly into a 7/3 or 8/2 schedule. A driver facing an extended delay at a shipper, traffic congestion, severe weather or an unavailable parking location may see value in a split that better matches real-world conditions.

For carriers, the pilot is also a compliance issue. Dispatchers and safety teams would need to understand that an approved pilot participant may have a temporary exemption while other drivers on the fleet remain subject to the ordinary rule. That calls for clear driver lists, ELD configuration checks, dispatch training and careful documentation.

Recruiters may also want to watch the pilot because schedule control is a recurring driver concern. Still, fleets should avoid advertising 5/5 or 6/4 sleeper-berth scheduling as a standard company benefit unless and until the carrier is actually approved for the study. For now, the potential flexibility is limited to a research population, not the broader CDL workforce.

What to watch next

The immediate deadline is December 7, 2026, when comments on FMCSA's proposed information collection are due. Comments should identify Docket No. FMCSA-2026-2080 and address the proposed study, data burden or collection methods.

FMCSA previously said it is preparing for a broader 2027 launch of its HOS pilot programs. In August, the agency reported that it had completed an initial flexible sleeper-berth pre-test involving nine drivers from three carriers in Ohio, Virginia and Wisconsin. The agency said it would use those results to refine its procedures before expanding participation.

Drivers and carriers interested in future participation can contact FMCSA at pilots@dot.gov for updates, according to the agency. Interested fleets should first review the likely eligibility requirements and determine whether their safety records, ELD processes, equipment and internal compliance resources can support a closely monitored 16-week research commitment.

The larger takeaway is straightforward: FMCSA is moving forward with a limited test of 5/5 and 6/4 sleeper-berth flexibility, but the standard federal HOS rule has not changed. For now, drivers should continue logging under the current requirements unless they are specifically accepted into the pilot and instructed otherwise.