What changed
The sleeper-berth split adopted in FMCSA's 2020 hours-of-service final rule (85 FR 33396, June 1, 2020) remains in effect. FMCSA proposed a pilot program in September 2025 (90 FR 44790) to test more flexible splits for a limited group of participating drivers; it does not change the rule for anyone else. The rule lets a CMV driver split the required 10-hour off-duty period into two qualifying segments under 49 CFR §395.1(g). Two rest periods, neither shorter than 2 consecutive hours, one at least 7 consecutive hours in the sleeper berth, and together totaling at least 10 hours (e.g. 7+3 or 8+2) (49 CFR §395.1(g)(1)(ii)).
Neither qualifying rest period counts against the 14-hour driving window (§395.1(g)(1)(iii)(B)) - meaning the driver can effectively pause the 14-hour clock during the split. Driving time before and after each rest period must together stay within the 11-hour limit and the 14-hour window.
Why this matters
The split provision is the most flexible HOS tool available to long-haul drivers. It allows split-shift operations across time zones, around traffic, or to maximize the number of viable shipper appointments in a multi-day run.
Common compliant patterns: an 8-hour sleeper berth + 2-hour break for a meal stop, then resume driving within the hours remaining under the 11- and 14-hour limits, recalculated from the end of the first rest period (§395.1(g)(1)(iii)(A)); a 7-hour sleeper + 3-hour off-duty (e.g., a long lunch with errands), then back on the road.
Common errors
ELD time-stamping mistakes are the most common split-related violation. The 7-hour-or-longer segment must be entered as sleeper berth status (not off-duty), and the other segment must be at least 2 consecutive hours of off-duty or sleeper berth time.
Ensure your ELD vendor's split-sleeper handling is documented and trained - the driver-side workflow varies by device.
What to do next
Train drivers on the split-sleeper rule and pair it with ELD-vendor specific entry instructions. Document the training in the DQ file. Our /guides/dot-compliance-handbook page covers the complete HOS framework.
Source: 49 CFR 395.1(g): https://www.ecfr.gov/current/title-49/section-395.1