FMCSA announced the progress on August 27, 2026, saying the pre-tests evaluated program procedures, data collection methods and driver participation requirements. The agency is reviewing those results before expanding the programs.

What changed on August 27

The announcement moved both concepts from study planning into limited real-world testing. The pre-tests involved 18 professional drivers in all: nine in the Flexible Sleeper Berth program and nine in the Split Duty Period program.

Each pre-test participant took part for six weeks and received $600. FMCSA said it will use the findings to refine the programs before a planned full launch in 2027.

That timing remains expected rather than guaranteed. The agency has not announced final safety findings, and the pilots are controlled studies involving selected participants—not adopted nationwide regulations.

How the two pilots would work

Flexible Sleeper Berth

The proposed Flexible Sleeper Berth pilot would let participating drivers divide the required 10 hours of off-duty time into two periods in any combination. One of those periods would have to include at least five consecutive hours in the sleeper berth.

FMCSA’s pre-test ran from April 1 through June 11, 2026, with nine drivers from three motor carriers in Ohio, Virginia and Wisconsin. The agency’s current HOS guidance describes the existing sleeper-berth options as 8/2 and 7/3 splits. The pilot would test additional combinations, including 6/4 and 5/5 arrangements.

Split Duty Period

The proposed Split Duty Period pilot would allow participating property-carrying commercial motor vehicle drivers to pause the 14-hour driving window for up to three hours per day during qualifying non-driving time.

Qualifying time could include off-duty time, sleeper-berth time or on-duty, non-driving time at a pickup or delivery location. The 2025 Federal Register proposal described a pause of at least 30 minutes and no more than three hours.

FMCSA says the flexibility could help drivers wait out traffic or severe weather, take a break or account for time lost to detention at loading and delivery facilities without unnecessarily reducing the available driving window.

The split-duty pre-test ran from May 18 through July 17, 2026, with nine drivers from three motor carriers in Minnesota, Wisconsin and Ohio. Those drivers also participated for six weeks and received $600.

What the rules are today

Outside the pilots, most commercial motor vehicle drivers remain subject to the hours-of-service rules in 49 CFR Part 395. For most property-carrying drivers, the baseline includes up to 11 hours of driving within a 14-hour window after coming on duty, followed by at least 10 consecutive hours off duty.

Current rules already allow certain sleeper-berth splits. FMCSA says a driver may meet the 10-hour off-duty requirement through a qualifying combination that includes at least seven hours in the sleeper berth and a separate off-duty period of at least two hours, commonly described as a 7/3 split. The agency also recognizes an 8/2 option when the two periods total at least 10 hours and meet the applicable requirements.

The proposed split-duty study is narrower than a nationwide rule change. It is aimed at selected drivers of property-carrying commercial motor vehicles who meet the program’s criteria. Passenger-carrying drivers would not be eligible for that proposed pilot.

Why detention time matters

Truck drivers can lose available work time while waiting at a shipper or receiver, even though that time may not involve driving. FMCSA says it will monitor shippers during the split-duty pilot to determine whether added flexibility reduces the effects of detention without encouraging customers or carriers to keep drivers waiting longer or exploit the pause.

That creates a central policy question: can drivers use flexibility to rest or avoid unsafe conditions, or could the change place pressure on them to remain available for longer periods?

The safety questions FMCSA must answer

FMCSA has not concluded that either approach is safe for broad use. The proposed pilots are intended to test whether the flexibility can produce safety outcomes equivalent to or better than those achieved under the current rules.

The agency’s evaluation is expected to consider fatigue, sleep quality, driver behavior, crash and inspection data, scheduling effects and detention-related working conditions. A three-hour pause would not increase the underlying 11-hour driving limit, but it could lengthen the elapsed time between the start and end of a workday.

Safety advocates have warned that the split-duty concept could allow a workday to stretch as long as 17 hours. That is a concern raised during the policy debate, not a confirmed result from FMCSA’s pre-tests.

What happens next

FMCSA expects each full pilot to include 256 drivers, for 512 participants altogether. The planned studies would run for four months, and participants could receive up to $1,600 for completing all study tasks.

Professional drivers and motor carriers interested in future participation can contact FMCSA at pilots@dot.gov for updates. Contacting the agency does not guarantee eligibility or enrollment.

If the studies show equivalent or better safety, FMCSA could use the results to support later regulatory action. If fatigue, crash or enforcement risks rise, the agency could narrow or abandon the approach. For drivers, carriers and motorists, the immediate takeaway is simple: FMCSA has advanced research, but current nationwide truck-driver hours-of-service rules remain in effect.

Sources

• FMCSA hours-of-service guidance
• FreightWaves coverage of the pilot announcement