Could Truck Drivers Get More HOS Flexibility? FMCSA Tests New Rest Options
On August 27, 2026, FMCSA announced continued progress on two Hours of Service pilot programs that will test whether truck drivers can have more flexibility and control over when they work and rest while maintaining or improving safety. The agency has already completed small pre-tests and is preparing for a larger rollout in 2027.
The two programs are the Flexible Sleeper Berth Pilot Program and the Split Duty Period Pilot Program. Both are built around a similar question: can drivers have more flexibility in managing their time without creating additional safety or fatigue risks?
For drivers, however, one distinction is important from the beginning. These are pilot programs, not a nationwide change to the HOS rules. The current requirements continue to apply to drivers who are not participating under the conditions of an applicable pilot.
Key Facts:
- FMCSA is testing 2 Hours of Service pilot programs focused on giving participating truck drivers more flexibility in managing driving and rest.
- The Flexible Sleeper Berth pilot will test 6/4 and 5/5 split options alongside the existing 8/2 and 7/3 configurations.
- The Split Duty Period pilot would allow qualifying non-driving periods of up to 3 hours to pause a driver’s 14-hour window.
- FMCSA completed 2 six-week pre-tests involving a total of 18 professional drivers before the larger pilot programs.
- The 2027 pilots are expected to include 512 drivers, with 256 participants in each program for four months.
- Participating drivers in the 2027 pilots can receive up to $1,600 for completing all required study tasks.
What Is FMCSA Actually Testing?
The two pilot programs approach HOS flexibility from different directions.
The Flexible Sleeper Berth Pilot Program focuses on how participating drivers can divide their required off-duty time. FMCSA is testing alternative sleeper-berth arrangements that could give participating drivers more ways to organize rest around their actual work schedules. The agency's HOS information identifies 6/4 and 5/5 split options for the pilot, alongside the existing 8/2 and 7/3 configurations.
The Split Duty Period Pilot Program looks at a different part of the HOS clock. Under the pilot, participating drivers would be allowed to pause their 14-hour driving window for up to three hours each day when they spend qualifying time in a non-driving status. FMCSA says that qualifying time can include off-duty time, sleeper-berth time, or on-duty time spent at a pickup or delivery location.
The difference between the programs matters because they are not simply two versions of the same proposal. One examines how rest can be divided, while the other examines whether certain periods away from driving can be excluded from the 14-hour window. That distinction becomes especially important when a driver's schedule changes during a trip.
Why Is The 14-Hour Window Such A Big Part Of The Discussion?
Under the standard HOS rules for property-carrying drivers, the current framework generally allows up to 11 hours of driving within a 14-hour window after coming on duty. The 14-hour window continues to run even when the driver is not driving, which means traffic, loading delays, weather, and other interruptions can reduce the amount of useful time remaining in the workday. FMCSA: Hours of Service
FMCSA is specifically looking at whether some of those real-world interruptions can be handled differently without reducing safety.
For example, a driver could begin a trip with enough time to reach the planned destination but then lose several hours because of traffic or a long wait at a facility. Under the Split Duty Period pilot, qualifying non-driving time could potentially pause the 14-hour window for up to three hours. The driver would still have to follow the other HOS requirements, but the pilot would test whether this type of flexibility allows the remaining driving time to be used more effectively.
This is also where the proposal connects with everyday trip planning. A truck route is not simply a line between two addresses. Drivers have to work around traffic, weather, loading and unloading times, rest opportunities, and the HOS clock. When one part of the schedule changes, the rest of the trip can change with it.
FMCSA's announcement specifically points to traffic, severe weather, detention, and additional breaks as situations that the Split Duty Period pilot could help examine.
Where Could The Proposed Flexibility Matter Most?
The practical difference becomes easier to understand when the two pilots are compared with situations that can happen during a normal trucking day. The following examples reflect the situations FMCSA itself identifies in the announcement, rather than predicting how the pilots will work in every individual case.
The important point is that the pilots are focused on flexibility rather than simply increasing the amount of driving a driver can legally do. A driver would still need to manage fatigue and comply with the other applicable requirements. That is why the agency is studying the programs rather than immediately changing the rules for everyone.
What Has FMCSA Already Tested?
Before moving to the larger 2027 programs, FMCSA conducted two six-week pre-tests with professional drivers.
The two pre-tests were conducted separately. The Flexible Sleeper Berth pre-test ran from April 1 through June 11, 2026, and included nine drivers from three motor carriers in Ohio, Virginia, and Wisconsin. The Split Duty Period pre-test ran from May 18 through July 17 and included nine drivers from three motor carriers in Minnesota, Wisconsin, and Ohio. Drivers in each pre-test participated for six weeks and received $600.
The pre-tests were not intended to provide the final answer on whether the alternatives are safe. Instead, FMCSA used them to evaluate program procedures, data collection methods, and driver participation requirements before expanding the programs.
That means the next phase will provide a much larger amount of information for the agency to review.
What Will Happen When The Pilots Expand In 2027?
FMCSA expects each pilot program to include 256 drivers, giving the two programs a combined target of 512 participants. Drivers will participate for four months and can receive up to $1,600 for completing all study tasks.
FMCSA says it will use the results to refine the programs and evaluate whether the additional flexibility can maintain or improve safety. The agency is therefore not starting with the conclusion that more flexibility is automatically better. The purpose of the pilot is to collect enough information to determine whether these alternatives work safely in real-world trucking operations.
That makes the 2027 results more important than the announcement itself because the larger study should provide a broader basis for evaluating how the proposed changes work.
How Could This Affect A Driver's Day?
The potential benefit of the pilots is not simply giving drivers more hours. Instead, the focus is on giving drivers more control over when their available time is used.
The sleeper-berth pilot could give participating drivers additional ways to organize their required rest. That may be useful when a driver's work schedule does not fit neatly into one uninterrupted rest period, particularly when the timing of pickups, deliveries, or other work changes during a trip.
The Split Duty Period pilot takes a different approach by looking at what happens when a driver has to spend time not driving during the workday. A long wait at a shipper, heavy traffic, severe weather, or another qualifying period could change the schedule even though the driver is not actually using driving time during those periods.
FMCSA specifically identifies traffic, severe weather, detention, and additional breaks as situations the Split Duty Period pilot is intended to examine. The agency also says it will monitor shippers throughout the pilot to ensure that the added flexibility does not result in increased detention or exploitation of drivers.
For a driver planning a long trip, that could make a meaningful difference. A delay that looks relatively small on paper can affect the location of the next fuel stop, the next rest break, available parking, and ultimately whether the driver can reach the planned destination within the legal schedule.
