Split Sleeper Berth Time
The Federal Motor Carrier Safety Administration (FMCSA) has published a proposed information collection titled Hours of Service of Drivers: Pilot Program to Allow Commercial Drivers to Split Sleeper Berth Time. This research study will collect data on commercial motor vehicle (CMV) drivers to examine whether more-flexible sleeper berth (FSB) options will improve the working conditions and quality of life and result in an equivalent or greater level of safety relative to operations under the current regulations.
Approximately 256 CMV drivers will provide data that will be used to examine driver fatigue and driving performance while operating under the current hours of service (HOS) regulations and while operating under new exemptions. According to FMCSA, “HOS is a high-priority topic and…addressing driver fatigue, which is a serious safety concern for our nation’s truck drivers and those who share the road with them, is at the heart of HOS regulations. Previous research has shown that driver fatigue is associated with an increased risk of being involved in a safety-critical event and may be involved in over 30 percent of fatal CMV crashes. As a result, the HOS regulations are designed to limit the number of driving hours within a 24-hour period and across a 7- or 8-day window.”
Currently the HOS regulations include some flexibility for drivers using a sleeper berth. The 10 hours may either be accumulated consecutively, or alternatively, split into one consecutive period of at least 7 hours in the sleeper berth and a second period of at least 2 consecutive hours of time in the sleeper berth, off-duty time, or any combination thereof, provided that the total of the periods is at least 10 hours. In practice, this allows drivers to choose between a ‘‘7/3’’ split or an ‘‘8/2’’ split of sleeper berth time, or any gradation in between.
The FSB Pilot Program will provide participating drivers with an exemption that reduces the longer period in the sleeper berth to a minimum of 5 consecutive hours. This will allow participating drivers to utilize a ‘‘5/5’’ split, ‘‘6/4’’ split, or any split in between to obtain the equivalent of 10 consecutive hours off-duty. As such, this study will assess the safety and performance impacts of additional flexibility for CMV drivers to use split sleeper berth periods.
After agreeing to participate in the study, drivers will participate for 16 weeks. Eligibility to participate will be based on carrier and driver safety records. A motor carrier’s participation in the pilot program shall be contingent upon the carrier meeting the following eligibility criteria:
- Must not be a high or moderate risk carrier, as defined in the Agency’s Federal Register notice titled ‘‘Notification of Changes to the Definition of a High-Risk Motor Carrier and Associated Investigation Procedures’’ (81 FR 11875, Mar. 7, 2016);
- Must not have an ‘‘Unsatisfactory’’ safety rating;
- Must not have any FMCSA enforcement actions within the past 3 years;
- Must not have a driver or vehicle out of service (OOS) rate above the National average;
A driver would not be eligible for participation in the pilot program if the driver is identified in FMCSA’s Drug and Alcohol Clearinghouse, regardless of whether the driver has completed the return-to-duty process, or during the 2- year period immediately preceding the date of participation, the driver had his or her license suspended, revoked, cancelled, or has been disqualified for a conviction of one of the disqualifying offenses listed in § 383.51.
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