Trucking associations, owner-operators, and safety advocates are urging the Federal Motor Carrier Safety Administration (FMCSA) to carefully monitor for any signs of driver coercion as the agency moves forward with testing new sleeper-berth regulations.
FMCSA’s recently announced “flexible sleeper berth” pilot program, introduced in September, aims to expand the ways drivers can split their mandatory rest time. The initiative would allow drivers to use 6/4 or 5/5 splits as alternatives to the existing 8/2 and 7/3 rest configurations, offering additional flexibility in meeting the 10-hour off-duty requirement.
However, several groups worry that without strong protections, drivers could face pressure from carriers, shippers, or receivers to use these split options inappropriately.
The Owner-Operator Independent Drivers Association (OOIDA) and the Truckload Carriers Association (TCA) are calling on FMCSA to ensure that drivers—not their employers or customers—have complete control over whether they choose to use the new sleeper berth splits.
OOIDA President Todd Spencer emphasized this point in his official comments, stating:
“FMCSA should clearly emphasize that discretion of split sleeper flexibility belongs to the driver and any attempts made by shippers, receivers, or carriers to coerce drivers into using the provision in an inappropriate manner will be considered unlawful.”
He further suggested that FMCSA integrate an anonymous reporting feature within the mobile application used in the pilot:
“We encourage FMCSA to include a specific method within the phone apps where participating drivers can anonymously report if carriers, shippers, or receivers are abusing the provision.”
TCA President Jim Ward raised similar concerns, recommending strict confidentiality regarding which drivers are part of the program. In his comments, Ward wrote:
“Unfortunately, this issue is not new to the trucking industry and continues to create challenges for drivers.”
He added that:
“We recommend that enrollment in the program remain confidential between the driver, the employing carrier, and FMCSA, with shippers, receivers, and brokers having no access to participation information to minimize opportunities for coercion.”
Ward also advised FMCSA to use existing data tools for oversight, noting:
“It’s also important for the FMCSA to share guidelines on coercion to avoid confusion. Furthermore, participating carriers should take the initiative to inform their drivers of their rights and guide them through the steps to report any improper pressure they encounter.”
The Truck Safety Coalition argued that FMCSA should create a dedicated reporting channel tailored specifically to the pilot. As stated in their comments:
“Each driver needs the ability to report to FMCSA staff anytime this occurs.”
They also recommended anonymous reporting, random interviews, and telematics-based alerts to detect potential coercion.
Advocates for Highway and Auto Safety expressed doubt about FMCSA’s ability to effectively oversee coercion risks, noting:
“The agency has been unable to address this pervasive issue throughout segments of the [trucking] industry for years despite repeated requests by driver groups and others to do so.”
They added concern that oversight could diminish if the pilot leads to permanent regulation changes:
“In addition, this monitoring would cease if permanent changes to the sleeper berth requirements were implemented.”
Source – Truck driver coercion fear looms over sleeper berth test
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