What is the sleeper berth exception?

As outlined by the FMCSA, the split sleeper berth exception allows a truck driver to qualify for the 10-hour minimum off-duty requirement by spending at least 7 hours of that period in the berth combined with a minimum off-duty period of at least 2 hours spent inside or outside the berth, provided the two periods ...



The Sleeper Berth Exception is a specific regulation within the Federal Motor Carrier Safety Administration (FMCSA) Hours of Service (HOS) rules that allows long-haul truck drivers to "split" their mandatory 10-hour off-duty period. Under the current 2026 rules, drivers can split their 10 hours into two periods: a 7/3 split or an 8/2 split. For example, a driver can spend 7 hours in the sleeper berth and 3 hours off-duty (or in the berth) later in the day. As long as the two periods total at least 10 hours, and neither period is less than 2 hours (for the shorter break) or 7 hours (for the longer break), the driver remains in compliance. This exception provides drivers with much-needed flexibility to avoid traffic congestion, rest when they are actually tired, or manage irregular loading dock schedules without "burning" their limited 11-hour driving window. It is a critical tool for safety, as it encourages drivers to take a nap when they feel fatigued rather than pushing through to complete a single 10-hour block.

People Also Ask

It's important to note that off duty time is distinct from sleeper berth time. While off duty time is spent away from the commercial motor vehicle (CMV), sleeper berth time refers to the period when a driver rests or sleeps in the sleeper berth compartment of the CMV as defined in sect 393.76 Sleeper berths .

MORE DETAILS

Sleeper Berth Provision Drivers may split their required 10-hour off-duty period, as long as one off-duty period (whether in or out of the sleeper berth) is at least 2 hours long and the other involves at least 7 consecutive hours spent in the sleeper berth. All sleeper berth pairings MUST add up to at least 10 hours.

MORE DETAILS

Sleeper Berth Provision Drivers may split their required 10-hour off-duty period, as long as one off-duty period (whether in or out of the sleeper berth) is at least 2 hours long and the other involves at least 7 consecutive hours spent in the sleeper berth. All sleeper berth pairings MUST add up to at least 10 hours.

MORE DETAILS

The only time you're supposed to be allowed to not be on duty while waiting is if you've disconnected from your trailer and are free to leave the customer's property. This is true. You are officially off duty when you are able to shut the truck down, walk away and go see a movie or something.

MORE DETAILS

Up to 3 hours in the passenger seat of a moving commercial motor vehicle, immediately before or after 7-consecutive hours in the sleeper berth, can be logged as off-duty time for a 10-consecutive hour break.

MORE DETAILS

The split sleeper berth rule allows drivers to split the required 10 consecutive hours of off-duty time into two shifts in order to extend the shift.

MORE DETAILS

Off-duty means absolutely no work You have to be completely free of all your work and on-duty tasks. Absolutely no company work is permitted when logging off-duty personal conveyance time. Things like fueling or taking the vehicle in for maintenance are not personal conveyance and must be recorded in your on-duty time.

MORE DETAILS

Here are some specific activities which are considered to be on duty time: All time spent at a plant, shipping / receiving facility, terminal, or other facility of a motor carrier, unless you are in your sleeper berth or have been relieved of all work related responsibilities.

MORE DETAILS

TEAM DRIVING FLEXIBILITY They can do 7 and 3 instead. Up to 3 hours in the passenger seat of a moving commercial motor vehicle, immediately before or after 7-consecutive hours in the sleeper berth, can be logged as off-duty time for a 10-consecutive hour break.

MORE DETAILS