NOTE: This guidance revises FMCSA-HOS-2020-395-FAQ07, issued on November 19, 2020 and rescinded on July 1, 2026.

FMCSA-HOS-2020-395-FAQ07(2026-07-01)

Question 7: If a driver takes 3 hours off duty and then 10 consecutive hours in the sleeper berth, will the 3 hours count against the driver's 14-hour "driving window"?  

Guidance: No. 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. As these periods meet all the requirements, this would be a compliant pairing. For additional guidance on pairing, see FMCSA-HOS-2020-395-FAQ 22(2026-07-01).

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.