Sleeper-Berth Provision

Definition

The sleeper-berth provision under 49 CFR §395.1(g) lets a CMV driver split the required 10-hour off-duty period into two qualifying segments, neither of which counts against the 14-hour driving window. Acceptable splits include 8+2, 7+3, or any combination where one segment is at least 7 hours in the sleeper berth and the other at least 2 hours off duty (or in the sleeper berth). The 2020 HOS final rule also created the "qualifying break" - a 30-minute non-driving break that satisfies the §395.3(a)(3)(ii) break requirement. Drivers using the split must ensure the second segment's start time appears on the ELD record correctly.