The Federal Motor Carrier Safety Administration has proposed a pilot program to give participating drivers the option to extend their 14-hour ''driving window'' by taking one off-duty, sleeper berth, or on-duty/not driving period (taken at the location of a pick-up or delivery of cargo), including what is sometimes called ''detention time,'' of no less than 30 minutes and no more than 3 hours.

The pilot program would be limited to 256 CDL drivers and would examine whether such flexibility achieves a level of safety that is equivalent to, or greater than, the level of safety that would be achieved through compliance with the current regulations. The FMCSA believes that the exemption covered by the proposed pilot program provides the flexibility to take extra rest, avoid driving during traffic congestion, and mitigate the impacts of unreasonable ''detention times,'' thereby improving the working conditions of America's truck drivers.

In 2019, FMCSA proposed a rule change to allow a single off-duty period of between 30 minutes and 3 consecutive hours to be excluded from the 14-hour ''driving window,'' provided the driver complies with the existing requirement to take 10 consecutive hours off-duty before beginning driving. The pause was not included in the final rule, however, because "many commenters believed that drivers would be pressured by carriers, shippers, or receivers to use the break for reasons other than accommodating their own rest or schedule." The FMCSA concluded these comments suggested that the pause could have unintended consequences that were not adequately evaluated in the development of the proposed rule.

The agency believes that a pause (off-duty, sleeper berth, or on-duty/not driving time [provided it is taken at the location of a cargo delivery or pickup]) of up to 3 consecutive hours during a work shift may enable drivers to avoid congestion. The subsequent driving time would then be more productive, as drivers may have a greater opportunity to travel at the posted speed limits rather than at lower speeds through heavy traffic and congestion. It might also reduce the pressure to drive above the posted speed limits because of concerns related to the 14-hour ''driving window."

Further, drivers would have greater flexibility to take a rest break (off-duty or sleeper berth time) to reduce the likelihood of experiencing fatigue while driving, and might get more overall rest because they still would continue to take 10 consecutive hours off-duty at the end of the duty period.