OOIDA backs hours-of-service provisions, but says drivers must be in charge

The Owner-Operator Independent Drivers Association is throwing its support behind a pair of hours-of-service pilot programs. However, the Association also warned the Federal Motor Carrier Safety Administration that it must create safeguards from potential abuse, including coercion and detention time.

OOIDA’s comments, which were submitted in November, were in response to two FMCSA pilot programs aimed at evaluating potential hours-of-service provisions for truck drivers. One pilot will look into a split-duty period. Another will add more flexibility to sleeper berth splits.

As of press time, both programs were expected to start in early 2026.

Split-duty pilot program

FMCSA will conduct a pilot program allowing participants to hit the pause button for up to three hours.

Specifically, the 14-hour driving window can be extended by taking one off-duty, sleeper berth or on-duty/not-driving period between 30 minutes and three hours. That includes detention time.

OOIDA highlighted the many benefits that can result from the added hours-of-service flexibility.

“Allowing drivers to pause their 14-hour clock would give truckers greater flexibility to rest when tired and avoid congestion, adverse weather conditions, or other factors that make driving unsafe,” OOIDA President Todd Spencer wrote in submitted comments. “The Split Duty provision would not increase maximum driving time, maximum on-duty time, or decrease minimum off-duty rest periods between shifts. Additionally, drivers would have more chances to get sufficient rest and would not be as stressed to ‘beat the 14-hour clock.’ This would result in positive outcomes for driver health and highway safety.”

OOIDA encouraged FMCSA to ensure that drivers decide when to use the split-duty provision, not shippers, receivers or carriers. The Association raised concerns over drivers being coerced into using split-duty time to cover excessive detention time.

Unfortunately, current methods for reporting such abuses – the coercion rule and the National Consumer Complaint Database – have proven inadequate. OOIDA asked FMCSA to include a method in the phone app used for the pilot program to report anyone abusing the exemption anonymously.

The Association also addressed privacy concerns. It called for compensating participating drivers to mitigate any qualms about data collection. OOIDA also requested that cameras and telematics systems not be required for participation.

Sleeper berth pilot program

The second pilot program adds 6/4 and 5/5 sleeper berth split options.

OOIDA also supports this second attempt at hours-of-service reform. The Association called for 6/4 and 5/5 splits as part of FMCSA’s 2020 hours-of-service final rule.

“These splits would increase flexibility, allowing drivers to increase their productivity without compromising safety,” Spencer said. “The truth is that not all drivers are able to sleep 7, 8 or 10 hours at a time. Thus, allowing them to split their sleeper time more efficiently will give them more adequate rest, resulting in increased alertness and better driver performance.”

OOIDA pointed to studies suggesting there is no one-size-fits-all solution to restorative sleep. Sleep requirements depend on a variety of factors, including age, weight, physiology, genetic makeup, driver health, eating habits, activity levels and quality of sleep.

Echoing its concerns about the split-duty pilot program, OOIDA cautioned that shippers, receivers and carriers could begin controlling drivers’ sleeper berth options. The Association also calls for FMCSA to include detention time as part of the data collection.

“It makes far more sense to allow alert drivers to leave the sleeper berth and begin to drive with the option to obtain additional rest later in the day, rather than forcing them to idly wait for their driving clock to begin again, which can essentially cause a trucker to drive when tired and rest when alert,” Spencer said.

Both pilot programs will be conducted over four-month periods. At the conclusion of each one, FMCSA will report findings to Congress. Depending on the results of the programs, they could lead to changes in the hours-of-service regulations. LL