FMCSA moves split sleeper pilot forward: 5/5 and 6/4 splits, 256 drivers

FMCSA took another step toward a pilot that would let some drivers split their required sleeper berth time more flexibly than current hours-of-service rules allow. The agency published a Paperwork Reduction Act notice in the Federal Register on Oct. 7, 2026 (91 FR 64214), and comments are due Dec. 7, 2026.

Nothing changes on the road yet. This is a research study, not a rule.

What the pilot would test

Today a driver can split the 10-hour off-duty requirement into 7/3 or 8/2 periods. The pilot would let participating drivers shorten the longer sleeper berth period to as little as five hours, which opens up 5/5 and 6/4 splits, according to the notice.

FMCSA says about 256 drivers would take part, each for 16 weeks. The study uses a within-subjects design, so the same drivers are compared under current rules and under the exemption. Data would come from surveys, psychomotor vigilance tests, sleepiness ratings, wrist actigraphy, records of duty status and telematics, with the Virginia Tech Transportation Institute collecting the duty status records, per the notice.

FMCSA's stated test is whether the flexibility delivers "an equivalent or greater level of safety" than the current rules.

According to FreightWaves, which reported on the notice Oct. 8, 2026, drivers with an unsatisfactory FMCSA rating, an out-of-service rate above the national average, or enforcement actions in the past three years would be ineligible. FreightWaves also reported a DOT press release from late August put participant pay at $1,600. The same outlet said the full program was described in September 2025 as taking 34 to 36 months.

What it means for carriers

If the data support shorter splits, drivers could fit rest around detention, traffic and delivery windows with less lost clock time. That matters most for drivers who sit at docks for hours and then lose a shift to the 14-hour clock.

Carriers with a clean safety record may want to look at the eligibility rules now. Those with weaker numbers would be left out of the study, and any rule that follows would likely come years later.

The Owner-Operator Independent Drivers Association's Lewie Pugh told FreightWaves the group is "always in favor of more hours of service flexibility." The group also wants drivers, not carriers or shippers, to decide how any added hours are used.

What shippers and brokers should watch

Flexible splits could change how drivers plan stops and appointment times, but only if a rule is eventually adopted. For now, keep scheduling around the current 7/3 and 8/2 options. Tight, inflexible appointment windows are the pressure point reformers say the pilot is meant to ease.

The comment docket is FMCSA-2026-2080. Fleets and shipper groups that want to weigh in on the study design have until Dec. 7.