Flexible Hours of Service

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What Are the New “Flexible” Hours of Service Pilot Programs Testing?

Truckers have asked for more control over the clock for years — especially when detention, traffic, and tight appointments force you to drive when you’re not at your best. In late 2025, FMCSA proposed two new “flexible” Hours of Service (HOS) pilot programs to test whether more flexibility can maintain (or improve) safety.

✅ Quick Answer: What are these “flexible HOS” pilots actually testing?

FMCSA is testing two specific changes:

  1. A way to “pause” the 14-hour driving window (Split Duty Period Pilot Program)
  2. More sleeper berth split options beyond today’s standard splits (Flexible Sleeper Berth Pilot Program)

These pilots were announced by USDOT/FMCSA in September 2025 and are designed to collect real-world data on fatigue and safety outcomes. Source (USDOT announcement)

1) Split Duty Period Pilot Program: “Pause” the 14-hour clock

Under current HOS rules for property-carrying drivers, your driving has to be completed within the 14-hour window that starts when you come on duty.

This pilot would let participating drivers extend that 14-hour window by taking one qualifying break period:

  • Length: no less than 30 minutes and no more than 3 hours
  • Type: off-duty, sleeper berth, or on-duty/not-driving (taken at a pickup/delivery location — including detention time)

Participation limit: approximately 256 CDL holders who meet eligibility criteria (property-carrying CMVs only). Source (FMCSA pilot notice – Split Duty Period)

What FMCSA is trying to learn: whether giving drivers controlled flexibility (especially around detention and congestion) can achieve safety that’s equivalent to or greater than the current rule. Source (FMCSA summary)

2) Flexible Sleeper Berth Pilot Program: More split options like 6/4 and 5/5

Today, if you split sleeper berth time, the rule requires one sleeper berth period of at least 7 consecutive hours. That’s why most drivers end up in the standard split patterns.

This pilot would test additional ways to split the 10-hour off-duty requirement, including:

  • 6/4 split (six hours + four hours)
  • 5/5 split (five hours + five hours)

Participation limit: approximately 256 CDL holders who regularly use a sleeper berth and meet eligibility criteria (and their motor carriers must also qualify). Source (FMCSA pilot notice – Sleeper Berth)

How FMCSA plans to measure it: the notice describes collecting data over 4 months — a 1-month baseline under current rules, then 3 months operating under the flexible split exemption — and comparing safety performance and fatigue indicators between the periods. Source (FMCSA summary)

So… does this change HOS rules for everyone right now?

No. These are proposed pilot programs. If you are not enrolled in the pilot, your HOS rules are the same as they were before.

Think of it like a limited test fleet: FMCSA is collecting evidence first. If the data shows safety is maintained or improved, it could support future rulemaking — but that would be a separate process later.

The USDOT announcement also notes that protocol development begins in early 2026, with more than 500 drivers expected to participate across both pilots combined. Source (USDOT)

Why drivers care: the real-world pain these pilots are aiming at

  • Detention time: sitting at a dock burns your 14-hour clock even when you’re not moving.
  • Traffic congestion: you may be forced to drive in peak traffic just because the clock says so.
  • Fatigue timing: the “best time to rest” isn’t always when the rule forces it.

FMCSA’s notices explicitly frame the pilots around whether more driver control can reduce fatigue and improve working conditions without reducing safety. Source (Split Duty Period notice)

✅ What you should do right now

  • If you’re not in a pilot: don’t change how you log. Your current HOS rules still apply.
  • If you run a fleet: watch these pilots closely — they could signal future changes that affect dispatch, appointment scheduling, and ELD settings.
  • If you want to participate: follow the docket and eligibility requirements in the official notices (FMCSA and Regulations.gov links are included below).

🏁 Bottom line

FMCSA’s new “flexible” HOS pilots are testing two things: (1) a controlled way to pause/extend the 14-hour window with a 30-minute to 3-hour qualifying period, and (2) more sleeper berth split options like 6/4 and 5/5. These are limited pilots designed to gather safety and fatigue data — not a nationwide rule change (yet).

📚 Sources