Split Sleeper Guidelines and FAQs
This article explains the Split-Sleeper Provision (49 CFR 395.1(g)(1)) for property- and passenger-carrying Commercial Motor Vehicle (CMV) drivers, allowing required rest periods to be split into two separate breaks. Property-carrying drivers may divide 10 consecutive hours of off-duty time into a 7-hour sleeper berth period and a 2+ hour off-duty or sleeper period, while passenger-carrying drivers can split their 8-hour sleeper rest into two 2+ hour periods. The Encompass® ELD application automatically tracks these breaks once drivers update their Duty Status, though there is currently no visual indication that Split-Sleeper is active. The provision pauses the 14-hour daily on-duty clock only when both qualifying breaks are completed, and there are no maximum limits for either qualifying break. Drivers simply need to take the breaks in accordance with the rules to have the system correctly apply the time. For additional examples and information regarding the Split-Sleeper Provision, see this article written by J.J. Keller's regulatory experts: Split-Sleeper Berth Exception.
Drivers of property-carrying Commercial Motor Vehicles (CMVs) may accumulate the equivalent of 10 consecutive hours Off Duty by taking 2 periods of rest, provided that:
- One of the periods is at least 7 consecutive hours in the Sleeper Berth;
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The other rest period (taken before or after the Sleeper-Berth period) is at least 2 consecutive hours long and is spent Off Duty, in a Sleeper Berth, or using any combination of the 2;
• The 2 qualifying breaks described above, when added together, total at least 10 hours;
- Driving time in the period immediately before and after each rest period, when added together, does not exceed 11 hours; and
- Compliance with the 14-hour rule is calculated from the end of the first of the 2 qualifying rest periods, but does not include the rest periods themselves (that is, the 2 qualifying breaks do not count against the 14-hour limit).
Drivers of passenger-carrying CMVs may split their required 8-hour rest period into 2 separate periods, provided that:
- The 2 rest periods are spent entirely in the Sleeper Berth;
- Neither rest period is less than 2 hours;
- Driving time in the period immediately before and after each rest period, when added together, does not exceed 10 hours; and
- The On Duty time in the period immediately before and after each rest period, when added together, does not include any driving after the 15th hour.
To use the functionality, Drivers simply update their Duty Status and take the necessary time Off Duty and in the Sleeper Berth; the application will automatically apply the time.
At this time, there is no visual indication that Split-Sleeper is being used in the ELD App. Drivers essentially have to wait the full duration of their breaks and see red/incorrect clocks in the ELD App. Then when they change their Duty Status from Split-Sleeper to On Duty or On Duty Not Driving, the Driver will see the clocks update.
Frequently Asked Questions
The Split-Sleeper Provision indicates both breaks pause the 14-hour daily on-duty clock. Why isn't Encompass® ELD pausing my clock when I take the 3 hour break?
The only time a 3 hour period of off duty time stops the daily on-duty clock is when split-sleeper is being utilized. If the 3 hour period of off-duty is taken first, the application cannot predict that the remaining 7 hours are going to be satisfied at a later time. Therefore, the 3 hour period will count towards the 14 hour clock until the remainder of the split-sleeper breaks are successfully completed.
How does my driver use Split-Sleeper in the Encompass® ELD application?
The drivers simply take the breaks in accordance to the provision.
Are there maximum hour limits on either the 7 hour or the 3 hour break?
No. If a driver takes a 10-hour sleeper break to reset their daily on-duty clock, and takes an additional break of at least 2 hours later, the split-sleeper provision applies and the driver will see additional time added to their clocks. Since the 10 hours in the sleeper already reset their clocks at the end of the first break, they'll simply get the time back from their 2+ hour break they took later in the day.
My driver took 10 hours in the sleeper berth and then took a break later in the day. Why were they granted additional hours after their 2nd break?
This is likely because the second break the driver took was longer than 2 hours. Since there are no more maximum limits to either of the qualifying breaks, the 10+ hours in the sleeper not only resets the daily clocks, but can be a part of the split-sleeper provision usage. Since their clocks already reset retroactively to the end of their first qualifying break, the time the driver gets back is simply the time 'paused' during their 2nd break.