FMCSA Targets More HOS Flexibility and an Updated Safety Measurement System

FMCSA plans to keep examining hours-of-service flexibility while moving toward updates to its Safety Measurement System. Transport Topics reported October 30 that Chief Safety Officer Steve Dowling told the WEX OTR Summit the agency is looking for operating approaches that address fatigue without ignoring how fleets and drivers work. He also said industry participants will have opportunities to review and comment on SMS proposals.

The remarks do not create immediate HOS relief. FMCSA's official materials say its Flexible Sleeper Berth and Split Duty Period pilot programs are being prepared for broader 2027 launches. The sleeper study will test alternative splits totaling at least 10 hours, including one period of at least five consecutive sleeper-berth hours. The split-duty study will examine pausing the 14-hour window for up to three qualifying non-driving hours.

FMCSA's official SMS preview separately describes forthcoming methodology changes intended to improve fairness and risk identification. SMS data helps prioritize carriers for monitoring, interventions and roadside inspections; it is not itself a federal safety rating. The agency's public preview and Dowling's comments signal continued work, but carriers should wait for formal notices, implementation instructions and effective dates before changing compliance procedures.

Drivers must continue following the HOS rules that apply to their operations unless they are formally enrolled in an authorized pilot or covered by another valid exemption. Fleets should keep accurate ELD records, review fatigue reports and compare their safety data with the SMS preview tools. When FMCSA publishes a proposal, carriers and drivers can evaluate the operational effects and submit evidence-based comments instead of treating conference remarks as a final rule.