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Can a driver pair a rest period of 10 consecutive hours (that includes 7 consecutive hours in the sleeper berth) to a subsequent rest period of 2 hours or more of off duty or sleeper berth, or does the 10 consecutive hours of rest automatically reset ...

FMCSA-HOS-2020-395-FAQ22(2026-07-01)


Question 22: Can a driver pair a rest period of 10 consecutive hours (that includes 7 consecutive hours in the sleeper berth) to a subsequent rest period of 2 or more hours of off duty or sleeper berth, or does the 10 consecutive hours of rest automatically reset the driver’s 11-hour driving time and 14-hour “driving window” moving forward?

Guidance: Either option is allowable. The option to select would be whichever choice is most advantageous to the driver. In this situation, the driver has a choice of either resetting his or her 11-hour driving time and 14-hour “driving window,” or he or she can pair the 10-hour rest period (that includes 7 consecutive hours in the sleeper berth) with a later period of 2 hours or more either off duty or in the sleeper berth. Any off-duty period of 2 hours or more may be paired with a sleeper berth period that is 7 hours or more, provided the two periods total at least 10 hours when added together.

Contact Info: FMCSA Information Line, 1-800-832-5660, or hoursofservice@dot.gov.

Note: This guidance is not legally binding in its own right and will not be relied upon by the Department as a separate basis for affirmative enforcement action or other administrative penalty.  Conformity with this guidance (as distinct from existing statutes and regulations) is voluntary only, and non-conformity will not affect rights and obligations under existing statutes and regulations.
 

Regulatory Topic: Hours of Service Split Sleeper Berth Provision
Effective Date: Wednesday, July 1, 2026
Issued Date: Wednesday, July 1, 2026