FMCSA offers details on proposed HOS-flexibility pilot programs

Matt Cole

Following Transportation Secretary Sean Duffy’s announcement Monday of the launch of two hours-of-service-related pilot programs to kick off National Truck Driver Appreciation Week, the Federal Motor Carrier Safety Administration on Tuesday unveiled details of what those programs could look like:

• The Flexible Sleeper Berth Pilot Program would allow participants to utilize more split-sleeper berth options, including a 5/5-hour split, in addition to the currently allowed up to 7/3-hour splits
• Split Duty Period Pilot Program: Allowing truck drivers to pause their daily 14-hour clock for between 30 minutes and three hours each duty cycle

“Truck drivers are the backbone of our economy, and we owe it to them to explore smarter, data-driven policies that make their jobs safer and more enjoyable,” Duffy said Monday. “These pilot programs will help identify real solutions for America’s drivers without compromising safety.”

Each pilot program, as proposed, would be limited to approximately 256 participating drivers.

Flexible Sleeper Berth

FMCSA’s proposal to allow increased split-sleeper berth flexibility within the hours of service, which will publish in the Federal Register at this link Wednesday, Sept. 17, would allow FMCSA “to assess whether additional flexibility in how sleeper berth time may be split achieves a level of safety equivalent to that which would be achieved absent the regulatory relief.”

The agency said drivers selected to participate would provide FMCSA with data for a four-month period, divided into a “baseline” period of one month, during which they would comply with the current sleeper berth regulations, and another period of three months when they would operate under an exemption allowing additional flexibility in how they can split their sleeper berth time.

The sample of participants would incorporate drivers from small, medium and large carriers, including owner-operators.

As proposed, participating drivers would receive a study-provided smartphone installed with data collection applications necessary for the research, such as fatigue measurement apps, survey apps, etc., FMCSA said. These would not include any automated data collection applications that collect and record information without the driver’s consent. Drivers would also receive a wearable smartwatch.

At a minimum, FMCSA would gather the following data during the study:

• Records of duty status (RODs, or logs) prepared using an electronic logging device, to evaluate participants’ use of the split duty period exemption.
• Roadside inspection data and crash records.
• Wrist actigraphy data, to evaluate total sleep time, time of day sleep was taken, and sleep quality, e.g., sleep latency and intermittent wakefulness.
• Psychomotor Vigilance Test (PVT) data, to evaluate drivers’ behavioral alertness/effects of fatigue, based on reaction times. (PVT is also sometimes referred to as a Psychomotor Vigilance Task.) For this study, drivers would be required to complete daily iterations of a brief PVT, a three-minute behavioral alertness test that measures drivers’ alertness levels by timing their reactions to visual stimuli.
• Subjective sleepiness ratings, using the Karolinska Sleepiness Scale (KSS), to measure drivers’ perceptions of their fatigue levels.
• Survey data (driver pre- and post-study surveys to provide contextual information).
• Other information necessary to complete the analyses may be collected through the participating motor carrier. Every effort will be made to reduce the burden on the motor carrier in collecting and reporting this data.

FMCSA acknowledged that there is potential under the pilot program “for employing motor carriers, shippers, and receivers to pressure participating drivers to use the exemption in a manner which benefits their business needs but not the driver’s own schedule, restfulness, and safe driving behavior.” The agency said that’s not its intention for the program, adding that it will “actively monitor and watch for any indication that shippers, receivers, or employing motor carriers are inappropriately influencing or misusing a driver’s ability to determine how and when to utilize the flexibility provided by the exemption.”

FMCSA also detailed the proposed requirements for participation for both motor carriers and drivers. As proposed, participating motor carriers are required to meet the following criteria:

• Must have proper operating authority and registration
• Must have the minimum levels of financial responsibility, if applicable
• Must not be a high or moderate risk carrier
• Must not have a conditional or unsatisfactory safety rating
• Must not have any enforcement actions within the past three years
• Must not have a driver out of service (OOS) rate above 5.97%
• Must not have a vehicle OOS rate above the 21.41%

Unpaid civil penalties could also be grounds to be disapproved from participating, FMCSA added.

For drivers, would-be participants would not be eligible if, during the two-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. In addition, drivers would be required to:

• For the purposes of the study, operate the same CMV (equipped with a sleeper berth) as operated for their main source of employment and regularly use the sleeper berth
• Possess a valid CDL
• Maintain a valid medical certificate from a healthcare professional on the agency’s National Registry of Certified Medical Examiners while participating in the pilot program
• Be employed by a motor carrier who has been approved for participation in the pilot program and/or certify as an owner-operator
• Agree to comply with the study procedures, including the use of a wearable actigraph, the completion of tests/surveys related to fatigue/sleepiness, and the preparation of RODS using an electronic logging device

FMCSA clarified that data collected will be transferred to third-party researchers, who will not transfer any of the data or information to FMCSA. Therefore, it will not be used by FMCSA for the purposes of enforcement actions against a participating motor carrier or driver.

The agency will accept public comments on the proposed pilot program for 60 days following the notice’s publication in the Federal Register Wednesday. Comments can be filed here through Nov. 17. FMCSA has listed several areas it seeks information about in the proposal, which can be found here, but responses don’t have to be limited to those questions.

During the first Trump administration in 2017, FMCSA also proposed a pilot that would have tested different split-sleeper options. In this week’s proposal, the agency said when developing its HOS notice of proposed rulemaking in 2019, which led to significant hours changes the following year, “FMCSA elected to not pursue the ‘flexible sleeper berth pilot program’ at that time, instead using the HOS NPRM to ask the public whether data already existed on the ‘6/4’ or ‘5/5’ splits.”

FMCSA said no data was provided in response to that NPRM, yet “the need remains for additional flexibility in how drivers may comply with the hours-of-service regulations,” which is why the agency is moving forward with the pilot program today.

Split Duty Period

In the other proposed pilot program, also publishing Wednesday in the Federal Register, participating truck drivers would have the option to extend their 14-hour on-duty period by taking one off-duty, sleeper berth, or on-duty/not driving period (taken at the location of a pick-up or delivery of cargo), including what is sometimes called “detention time,” of no less than 30 minutes and no more than three hours.

FMCSA said it “believes that the exemption covered by the proposed pilot program provides the flexibility to take extra rest, avoid driving during traffic congestion, and mitigate the impacts of unreasonable ‘detention times,’ thereby improving the working conditions of America’s truck drivers.”

As with the sleeper berth flexibility pilot program, FMCSA acknowledges that there is potential for motor carriers, shippers and receivers to pressure drivers into extending their duty period “to justify existing or further delays in loading or unloading.”

The agency said during the proposed pilot program, it would track the type of duty status participating drivers use to extend their 14-hour clock, which will help FMCSA in estimating the extent to which detention time occurs, as well as its potential effects on driver fatigue and safety performance metrics compared to pauses taken under other circumstances.

FMCSA will also “actively monitor and watch for any indication that shippers, receivers, or employing motor carriers are inappropriately influencing or misusing a driver’s ability to determine how and when to utilize the flexibility provided by the exemption,” the agency noted.

In addition to providing relief from detention time, FMCSA also believes the ability to pause the 14-hour clock could allow drivers to avoid congestion, thereby giving them an increased opportunity to travel at posted speed limits than below them during heavy congestion. The agency also said the flexibility could reduce pressure to drive at speeds higher than posted speed limits. Finally, FMCSA said drivers would have the ability to pause the clock to take a break to reduce the likelihood of driving while fatigued.

Under the proposed program, any on-duty/not driving time (taken at the location of a cargo delivery or pickup) used to extend the driver’s 14-hour clock would continue to count against the 60-/70-hour on-duty time limits in a 7- or 8-day period. However, any off-duty or sleeper berth time used to extend the driver’s 14-hour window would not count against the 60/70-hour limit.

Additionally, drivers would still be required to have 10 consecutive hours off-duty or in the sleeper berth at the end of the shift and continue to be limited under the 60/70-hour rule.

The split duty period pilot would also last four months per participating driver with one month of data collection under “baseline” conditions under current regulations, and three months of operating under the exemption. Participants will receive a smartphone with the necessary data collection apps, along with a smartwatch.

Information collected for this pilot would be the same as for the split sleeper pilot, detailed above.

Additionally, requirements for motor carriers and drivers to participate are the same for both programs.

Comments on the proposed pilot program can be filed here through Nov. 17. Commenters can answer specific questions from FMCSA, found at the end of the notice, or provide other responses.

Q3 2025 truckload forecast points to muted demand and potential for peak season rate pressure

Pamella De Leon

Truckload rates kept climbing year over year in Q2 2025, but growth slowed again, with peak season adding further market fluctuations, according to RXO’s The Curve report, a proprietary index measuring performance and macroeconomic indicators in the market.

The report indicated an extension of similar trends from 2023: “A muted demand picture leading to lower freight volumes, waning carrier capacity, and a prolonged stable rate environment (though they are increasing on a year-over-year basis).”

The report indicated that spot rates increased 6.5% year over year in Q2 2025, slightly less than the 9.1% in Q1 2025. Contract rates, meanwhile, rose 1.1% year over year, down slightly from 1.4% in Q1.

Seasonal shipping events such as produce season, Memorial Day, CVSA International Roadcheck and Independence Day caused temporary volatility, though rates quickly returned to baseline afterward.

“Though we are in an inflationary rate environment, Q2 was still primarily a shippers’ market,” the report noted.

It also pointed out that carriers continue to feel cost pressures, while shippers had relatively high tender acceptance rates, easy capacity and slight rate increases in their RFPs.

Macroeconomic factors

Tariffs and trade policy continue to be the biggest source of uncertainty, the report noted. Industrial production and imports both declined in the second quarter, which tracks with weaker freight volumes.

Unlike the last inflationary period from 2020 to 2021, surging freight demand drove rates higher. Current macroeconomic outlook seems to be less about strong demand and more about shrinking supply.

“It’s more likely that supply-side constraints (carrier attrition) will likely be the driving force,” the report said.

Any tariff de-escalation could spur increased demand and supply chain volatility during peak season, it added.

Q3 2025 truckload market forecast 

As for trends shaping the truckload market, the report pointed out that conditions remain largely unchanged: sluggish freight volumes, little difference between contract and spot rates, fewer Class 8 truck orders, and ongoing carrier job losses.

“The persistence of these low rates, both in contract and spot, is placing an immense amount of pressure on carriers,” the report stated. “If (and likely, when) enough carriers get driven out of the market, it will trigger a rise in spot rates, but the timeline for the flip keeps getting pushed out given weak conditions.”

English language proficiency regulations could also lead to an evident reduction in the overall driver pool and constrain capacity.

Looking ahead, the report noted that RXO expects carrier capacity to continue exiting the market. While contract rates were up modestly year over year in Q2, spot rates are poised to rise faster, eventually surpassing contract rates.

“This divergence will drive volatility as cash-trapped carriers look to increase profitability after a very difficult two years,” the report said.

It said either more exits or a demand uptick would accelerate rate increases.

Spot rates trail contract rates for now, but if they flip in Q3, shippers could face pressure later in the year, it said.

The extent of any inflationary spike, the report pointed out, will depend on tariffs, how shippers and carriers respond, consumer demand, and the strength of peak season.

Conversely, DAT Chief of Analytics Ken Adamo said in a recent release that there’s no major indication of changes in the truckload market, aside from seasonal bumps and tactics by shippers managing tariffs.

“There are carriers with low-cost structures and steady customers that are negotiating better contracts,” Adamo said, “but in general, there’s a feeling that volumes and rates are stuck. Barring some major event, there’s nothing to suggest that’s going to change any time soon.”

FMCSA Announces Plans to Launch Fatal Large Truck Crash Study

Interviews With Carriers, Drivers, Witnesses Included in Four-Year Plan in Advancement of Crash Causation Program

Noel Fletcher

Advancing a program that stretches back more than 20 years, the Federal Motor Carrier Safety Administration has announced plans for a sweeping study of fatal heavy truck crashes with the goal of developing strategies to improve highway safety.

The Crash Causal Factors Program, authorized by Congress under the Infrastructure Investment and Jobs Act, will collect data from 2,000 fatal heavy truck crashes across 30 states identified as representative of a national sampling of locations. Data will be collected over the course of two years, with a target start date of early 2026. FMCSA is partnering with state and local agencies as well as the Bureau of Transportation Statistics — which, like FMCSA, is part of the Department of Transportation — to collect the data. The Office of Safety Data and Analysis within BTS will lead the research.

The initial phase is called the Heavy-Duty Truck Study and will center on data collection for crashes involving Classes 7 and 8 trucks. Key data will include crash metrics that adhere to FMCSA state-specific agreements. BTS will supplement this data with anecdotal information gathered in voluntary interviews with carriers, drivers and witnesses following a crash.

“Information gathered during the interviews will provide additional information and context for a more comprehensive understanding of crashes and their causal factors,” according to a Federal Register notice on the CCFP program. BTS aims to conduct five hourlong interviews per crash.

“For each fatal crash, BTS will attempt to interview the heavy-duty truck driver, a representative from the involved motor carrier, the driver of any other involved vehicle, all vehicle occupants and any other persons involved in the crash,” the notice stated. This information will be analyzed to identify whether drivers, vehicles, motor carriers or environmental factors played a role in the crashes.

“Analysis results and findings may be used to inform preventive measures, reduce identified risks and address causal factors of heavy-duty truck crashes,” according to FMCSA.

Public comment on the proposed data collection strategy and alternative methods to gather information are being collected by BTS through Nov. 3.

By the end of 2026, FMCSA plans to complete a design for the study, identify participant states and set final plans for data collection and analysis, plus implementation of confidentiality measures for personal interviews. It also aims to create a database of information.

Data collection is slated to take two years. From there, an analysis phase will be followed by preparation of a report and creation of a public database of anonymized crash data. FMCSA plans to release the report and launch the database by 2029. Partial findings may be released before that.

From 2016 to 2022, fatal crashes involving large trucks and buses in the United States increased 26.4%, according to FMCSA.

The CCFP aims to add to and expand on the earlier Large Truck Crash Causation Study, which was launched in 2001. That earlier study examined 967 crashes involving 1,127 large trucks and 959 non-truck motor vehicles. A total of 251 fatalities and 1,408 injuries were reported. Those crashes occurred from 2001 to 2003 at 24 sites in 17 states.

The goal was to report to Congress a review of causes of commercial vehicle crashes and devise preventive safety measures. The most recent LTCCS report to Congress, available on the program’s website, is dated March 2006. That report noted that while a large amount of descriptive data — including a 28-page driver interview form — was compiled, additional analysis was needed to identify specific crash risk factors. This CCFP aims to update that effort with a broader scope that includes more states, building-block phases of work and creation of the public database.