Why This Matters for Truck Accident Victims and the Attorneys Who Represent Them
A new proposal from the Federal Motor Carrier Safety Administration (FMCSA) could mean major changes to the hours of service rules governing how long commercial truck drivers are allowed to be on the road. The agency recently introduced two pilot programs that seek to test more flexible hours-of-service (HOS) rules, a move that has sparked debate in both the trucking industry and the legal community.
For victims of truck accidents and the attorneys who advocate for them, any shift in federal trucking regulations raises an important question:
Will these changes improve safety or increase risk on the road?
At Fried Goldberg, LLC, we’ve represented clients in devastating trucking crashes where fatigue, poor scheduling, and HOS violations played a direct role in life-altering injuries. As the FMCSA explores easing these long-standing safety rules, we’re watching closely — because the implications are anything but academic.
What the FMCSA Is Proposing
In September 2025, the FMCSA announced two pilot programs:
- Split Sleeper Berth Pilot Program (Docket No. FMCSA-2025-0193)
- 14-Hour Rule Pause Pilot Program (Docket No. FMCSA-2025-0194)
Both programs are designed to test whether more flexible scheduling could offer safety benefits for drivers, or at least achieve safety levels comparable to those of the current system.
Let’s break them down.
1. Split Sleeper Berth Pilot
Under current rules, drivers who use the sleeper berth option must take at least one 7-hour rest period, with the remaining 3 hours as a second rest period. The total of both must be 10 hours.
The new pilot would allow more flexible combinations — for example, two 5-hour rest periods.
Why This Matters
The idea is to help drivers better align their sleep schedules with their natural circadian rhythms and traffic conditions. In theory, it could help them avoid congested roads or rest when they’re truly tired, rather than when the law says they should.
But the danger? Flexibility can backfire. Without strict rest periods, trucking companies could pressure drivers to break up sleep in unsafe ways, leading to fragmented sleep, reduced alertness, and a greater risk of catastrophic crashes.
2. Pausing the 14-Hour Clock
The second pilot explores whether drivers should be allowed to pause the 14-hour on-duty window, which currently begins when a driver starts their shift. Under existing regulations, the clock keeps ticking — even during non-driving activities like waiting for repairs or loading cargo.
This proposal would let drivers take a pause of 30 minutes to 3 hours, stopping the 14-hour clock temporarily.
Why This Matters
On paper, this could give drivers time to rest or avoid peak traffic without losing valuable driving hours. It could also reduce the pressure to drive fatigued in order to “beat the clock.”
But again, it comes with tradeoffs. Pauses could lengthen total workdays, increasing the time a driver is engaged and potentially leading to greater fatigue later in the shift.
What Truck Crash Victims Should Know
Truck accident cases often involve a deep analysis of hours-of-service logs, driver schedules, rest periods, and the role fatigue may have played in the crash.
If these pilot programs lead to permanent changes, the legal landscape could shift, and accident investigations could become even more complex.
Some potential concerns:
- Fragmented logs: More flexibility = more room for manipulation or mistakes
- Less transparency: Pauses and custom rest periods could make it harder to identify violations
- Fatigue risk: Longer workdays, inconsistent rest, and pressure from dispatchers may all increase the chance of a tired driver behind the wheel
At Fried Goldberg, LLC, we’ve built cases that prove — in exacting detail — how fatigue and logbook violations contributed to tragic collisions. We know what to look for, what questions to ask, and how to hold companies accountable when they cut corners with safety.
What Plaintiff’s Attorneys Should Watch For
If you represent victims of trucking accidents, these pilot programs are a signal: More complicated HOS analysis may be on the horizon.
You’ll need to sharpen your understanding of:
- Split-sleeper calculations and their real-world implications
- ELD (Electronic Logging Device) data patterns that reveal irregular rest cycles
- Company dispatch instructions that may indirectly encourage risky scheduling
- Accident timing vs. declared rest breaks — especially when paused clocks are in play
As always, it’s critical to obtain the full scope of driver records, including HOS logs, GPS data, dispatch communications, and fuel receipts, to piece together the truth behind the wheel.
Fighting for Safer Roads and Safer Rules
Our law firm doesn't just handle trucking litigation; we shape the field. As authors of Understanding Motor Carrier Claims, we train lawyers across the country in how to investigate and litigate commercial vehicle cases. And we speak out when changes to regulations threaten to roll back safety protections that exist for a reason.
If the FMCSA wants to make HOS rules more flexible, that flexibility must not come at the expense of safety. The focus should remain where it belongs: on the lives that are shattered when safety systems fail.
We’ll be watching these pilot programs closely — and we’ll continue fighting for victims, lawyers, and safer roads every step of the way.
"This firm is amazing! The attorneys are super knowledgeable and always willing to assist where they can." - Pam M., ⭐⭐⭐⭐⭐
Have Something to Say? Here's How to Comment
The FMCSA is accepting public comments on both pilot programs through November 17, 2025. You don’t need to be a lawyer or a trucker to participate —just a concerned citizen.
To comment on the Split Sleeper Berth Pilot:
Go to regulations.gov/docket/FMCSA-2025-0193/document
To comment on the 14-Hour Rule Pause Pilot:
Go to regulations.gov/docket/FMCSA-2025-0194/document
Or mail your comment to:
Dockets Operations
U.S. Department of Transportation
1200 New Jersey Ave. SE
Washington, DC 20590