In this article:
- The split sleeper berth rule, from the regulation text
- What pauses the 14-hour clock
- Worked day 1: a 7/3 split, short period first
- Worked day 2: an 8/2 split, long period first
- Which split should a driver use?
- Can you do a 6/4 or 5/5 split?
- What changed in 2020
- Common split sleeper mistakes
- Passenger carriers split differently
- Next steps
8/2 vs 7/3 is a choice, not a rule change: both splits are legal. As of October 2026, 49 CFR 395.1(g)(1)(ii) lets a property-carrying driver replace 10 hours off with two rest periods. One must be at least 7 consecutive hours in the sleeper berth, the other at least 2 hours, totaling 10. Neither qualifying period counts against the 14-hour window.
8/2 vs 7/3 at a glance (as of October 2026)
| 8/2 split | 7/3 split | |
|---|---|---|
| Long period | At least 8 consecutive hours, in the sleeper berth | At least 7 consecutive hours, in the sleeper berth |
| Short period | At least 2 hours: sleeper berth, off duty, or both | At least 3 hours: sleeper berth, off duty, or both |
| Total | At least 10 hours | At least 10 hours |
| Legal today | Yes | Yes |
| Counts against the 14-hour window | No, for both periods | No, for both periods |
| Extra driving | None: the 11-hour limit still spans the two periods | None |
| Allowed before September 29, 2020 | Yes | No |
FMCSA's own table in a 2025 notice lists both "8/2" and "7/3" as "Allowed under current regulations," and says the rule allows "any split of sleeper berth time including and between a '7/3' split and an '8/2' split" (90 FR 44792). A 7.5/2.5 split works too.
The split sleeper berth rule, from the regulation text
The split sleeper berth rule is the sleeper berth provision in 49 CFR 395.1(g)(1). It applies to a driver of a property-carrying CMV "equipped with a sleeper berth" who uses it to get the 10 hours off required by 395.3(a)(1). The driver may take "not more than two periods" if:
- "Neither rest period is shorter than 2 consecutive hours";
- "One rest period is at least 7 consecutive hours in the sleeper berth";
- "The total of the two periods is at least 10 hours"; and
- Driving time in the period immediately before and after each rest period, added together, does not exceed 11 hours and does not break the 14-hour limit.
Two calculation rules follow (395.1(g)(1)(iii)):
- The driving limit and the 14-hour limit "must be re-calculated from the end of the first of the two periods."
- The 14-hour window "does not include qualifying rest periods."
A sleeper berth is "a berth conforming to the requirements of § 393.76" (395.2). No conforming berth, no split. For how sleeper berth and off-duty time differ on the log, see our guide to off duty vs sleeper berth.
What pauses the 14-hour clock
The 14-hour window in 395.3(a)(2) runs straight through most breaks. As of October 2026:
| Time taken | Pauses the 14-hour window? |
|---|---|
| A qualifying split sleeper berth period (either half of a valid pair) | Yes, under 395.1(g)(1)(iii)(B) |
| An ordinary off-duty break, such as lunch or a dock wait, not paired into a split | No |
| The 30-minute break after 8 hours of driving | No. It interrupts driving but the window keeps running |
| Adverse driving conditions | No pause. Up to 2 extra hours are allowed under 395.1(b)(1) |
| The 16-hour exception for drivers released at their normal work reporting location | No pause. It extends release to 16 hours, no more than once in 6 consecutive days unless a 34-hour restart intervenes, 395.1(o) |
| A 30-minute to 3-hour "pause" | Not allowed. It is a proposed pilot only (90 FR 44872). FMCSA published its data-collection notice on October 6, 2026 (91 FR 63640); no launch notice had appeared by October 20, 2026. See our post on the new 14-hour rule |
One reading follows from the text: a short break only stops counting against the window if it becomes half of a qualifying pair. If the driver never takes the matching long sleeper period, the short break was ordinary time inside the 14 hours.
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Worked day 1: a 7/3 split, short period first
Illustration only. A driver comes on duty at 6:00 a.m. after 10 hours off.
| Time | Status | What the clocks say |
|---|---|---|
| 6:00-6:30 | On-duty not driving (pre-trip) | 14-hour window starts |
| 6:30-12:30 | Driving, 6 h | 6 h driven |
| 12:30-3:30 p.m. | Off duty at the receiver, 3 h | Rest period 1, the short half |
| 3:30-8:30 | Driving, 5 h | 11 h driven around period 1 (6 + 5) |
| 8:30-9:00 | On-duty not driving (post-trip) | On duty around period 1: 6.5 + 5.5 = 12 h, under 14 |
| 9:00 p.m.-4:00 a.m. | Sleeper berth, 7 h | Rest period 2, the long half. 3 + 7 = 10: the pair qualifies |
The recalculation at 4:00 a.m. Count from the end of the first period, 3:30 p.m.:
- Driving left: 11 minus the 5 hours driven between the periods = 6 hours.
- Window left: 14 minus the 5.5 hours on duty between the periods = 8.5 hours. No driving after 12:30 p.m.
Without the split, the window that opened at 6:00 a.m. would have closed at 8:00 p.m. The driving from 8:00 to 8:30 p.m. is legal only because the 3-hour break later pairs with the 7-hour sleeper period.
Worked day 2: an 8/2 split, long period first
Illustration only. A driver comes on duty at 5:00 a.m. after 10 hours off.
| Time | Status | What the clocks say |
|---|---|---|
| 5:00-5:30 | On-duty not driving (pre-trip) | Window starts |
| 5:30-12:30 | Driving, 7 h | 7 h driven |
| 12:30-1:00 | On-duty not driving (fueling) | 30-minute break met: on-duty not driving counts (395.3(a)(3)(ii)) |
| 1:00-3:00 | Driving, 2 h | 9 h driven, 10 h on duty |
| 3:00-11:00 p.m. | Sleeper berth, 8 h | Rest period 1, the long half |
| 11:00-11:15 | On-duty not driving | Driving left around period 1: 11 - 9 = 2 h |
| 11:15 p.m.-1:15 a.m. | Driving, 2 h | 11 h driven around period 1 (9 + 2) |
| 1:15-1:30 | On-duty not driving | On duty around period 1: 10 + 2.5 = 12.5 h, under 14 |
| 1:30-3:30 | Off duty, 2 h | Rest period 2, the short half. 8 + 2 = 10: the pair qualifies |
The recalculation at 3:30 a.m. Count from the end of the first period, 11:00 p.m.:
- Driving left: 11 minus the 2 hours driven between the periods = 9 hours, with a 30-minute break due after 8 hours of driving.
- Window left: 14 minus the 2.5 hours on duty between the periods = 11.5 hours. No driving after 3:00 p.m.
Which split should a driver use?
The split you pick depends on how the day breaks, not on which is "better." Both give the same total rest and the same 11 hours of driving.
| Situation | Better fit | Why |
|---|---|---|
| A 3-hour wait at a shipper or receiver | 7/3 | The wait can become the short half; then 7 hours in the berth completes the pair |
| A 2-hour wait and a full night's sleep later | 8/2 | The 2-hour minimum is met, and the long half is longer |
| Team driving, sleeping while the partner drives | Either | The sleeping driver logs sleeper berth time; check each driver's pair separately |
| No sleeper berth that meets 393.76 | Neither | Take 10 consecutive hours off |
| You can only rest 6 hours in the berth | Neither | 6/4 is not allowed; see below |
Can you do a 6/4 or 5/5 split?
No. As of October 2026, those splits exist only in a proposed pilot program. FMCSA's flexible sleeper berth pilot would lower the long period from 7 hours to 5 hours for about 256 participating drivers, allowing "a '6/4' split or a '5/5' split" during the study (90 FR 44790, notice of proposed pilot, September 17, 2025). FMCSA published the pilot's data-collection notice on October 7, 2026, with comments due December 7, 2026 (91 FR 64214). A Federal Register check on October 20, 2026 found no notice launching it. For every driver outside the pilot, the 7-hour minimum stands.
What changed in 2020
The 2020 hours of service final rule, effective September 29, 2020, created today's 7/3 option (85 FR 33396). In FMCSA's words, it lets drivers meet the 10-hour minimum by spending "at least 7, rather than at least 8 hours" in the berth plus at least 2 hours, inside or outside the berth. It also added the text that "neither period counts against the maximum 14-hour driving window." In the same rule, FMCSA dropped its proposal to let drivers pause the 14-hour window with one break of 30 minutes to 3 hours.
Common split sleeper mistakes
- A short period under 2 hours. It doesn't qualify, and the time counts against the window.
- Logging the long period as off duty. The 7-hour half must be "in the sleeper berth." Off duty can fill only the short half.
- Breaking up the 7 hours. It must be 7 consecutive hours.
- Three rest periods. The rule allows "not more than two periods."
- Expecting more driving. Driving before and after each period still adds up to no more than 11 hours.
- Forgetting the 30-minute break. A split doesn't remove the break after 8 hours of driving.
A related option is not a split. A driver may combine at least 7 consecutive sleeper berth hours with up to 3 hours riding in the passenger seat, right before or after, to make 10 consecutive hours (395.1(g)(1)(i)(D)).
Passenger carriers split differently
Drivers of passenger-carrying CMVs with a sleeper berth use 395.1(g)(3). They may make up 8 hours off with two sleeper berth periods, neither shorter than 2 hours. Driving before and after, added together, may not exceed 10 hours, and no driving is allowed after the 15th hour. The 8/2 and 7/3 terms are property-carrier terms.
For the weekly side of the clock, see our guide to the 34-hour restart. The daily limits are summarized in our hours of service rules guide.
Next steps
Pick the split that matches where the wait falls in the day, log the long half in the berth, and check the recalculated clocks before you drive.
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This article is general information, not legal advice. Confirm requirements against the current regulation text and with your compliance counsel.
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