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"?
NOTE: This guidance was rescinded on July 1, 2026 and is no longer in effect. Please see revised guidance FMCSA HOS-2020-395-FAQ07(2026-07-01).
FMCSA-HOS-2020-395-FAQ07
Frequently Asked Questions Relating to 2020 Changes to Hours of Service Regulations
Question 7
Q: 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"?
A: 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. However, 10- consecutive hours in the sleeper berth would reset the 11-hour driving time and 14-hour "driving window" moving forward.
Regulatory Topic:
Hours of Service
Effective Date: Thursday, November 19, 2020
Issued Date: Thursday, November 19, 2020