• The driver of a property-carrying CMV can split the 10-hour break into two separate breaks with on-duty time in between by spending at least seven consecutive hours in a compliant sleeper berth and at least two consecutive hours in either a sleeper berth, off duty, or using any combination of the two.
• The two “qualifying” breaks must add up to at least 10 hours.

As an alternative to a minimum 10-consecutive-hour break, a driver in a property-carrying commercial motor vehicle (CMV) with a compliant sleeper berth can use the split-sleeper exception (also known as the split-break provision) to split a 10-hour break into two separate breaks with on-duty time in between.

This “split” break will not reset the 11- and 14-hour limits the same way a consecutive 10-hour break would, but does serve to “pause” them.

Sleeper berths

A compliant sleeper berth must meet occupant restraint, shape, access, location, and exit-from-berth specifications, be properly equipped with a mattress, and meet ventilation requirements including protection from exhaust and fuel fumes per the regulation in 393.76.

Key points

• To use the split-sleeper exception, the driver must accumulate at least 10 hours of rest in only two “qualifying” breaks. Additional breaks can be taken, but they do not count towards the required 10 hours.
  • One qualifying break must be at least seven consecutive hours in a sleeper berth.
  • The other qualifying break must be at least two consecutive hours either in a sleeper berth, off duty, or using any combination of the two.
  • The two breaks together must add up to at least 10 hours (for example, 8+2, 2+8, 7+3, 3+7, 9+4, 3+8.5, etc.).
  • The two breaks can be taken in any order.
  • The breaks can also serve to satisfy the 30-minute break requirement.
• After the two qualifying breaks are complete:
  1. Add up all driving time before and after the first qualifying break and make sure the total is 11 hours or less.
  2. Add up all the time before and after the first qualifying break — not including the break itself — and make sure there was no driving after the 14th hour.
  3. Upon returning to work after the second qualifying break, calculate compliance with the 11- and 14-hour limits from the end of the first qualifying break (the time worked before that first break is no longer taken into consideration).
• A driver can continually split breaks. That is, the second qualifying break can become the first of the next set of qualifying breaks. A team of drivers (see team operations) can keep a vehicle on the road right up to their 60/70-hour limit without a layover by continually splitting their time.
• A driver won’t get a full allowance of 11 driving hours or 14 hours until getting a break of at least 10 consecutive hours.
• A break of 10 hours or more may serve a dual purpose: it will reset the 11- and 14-hour limit and may serve as a qualifying break for the split-sleeper option. Qualifying breaks must be “at least” two and seven hours long, but there is no upper limit.