Off duty vs sleeper berth: what each status counts for under HOS

Off duty vs sleeper berth comes down to one rule. Both are rest, and neither counts toward the 11-hour driving limit or the 60/70-hour limit. But as of October 2026, only time in the sleeper berth can fill the 7-hour half of a split break under 49 CFR 395.1(g). Plain off-duty time can fill only the shorter half.

What is the difference between off duty and sleeper berth?

Off duty is time when the driver is free of all work, anywhere. Sleeper berth is off-duty time spent resting in a berth. The regulation draws that line in its log instructions. 49 CFR 395.8(h)(1) describes off duty as time "when the driver is not on duty, is not required to be in readiness to work, or is not under any responsibility for performing work." 395.8(h)(2) describes the sleeper berth line as "time off duty resting in a sleeper berth."

Two other details separate them:

• The equipment. A sleeper berth, under 49 CFR 395.2, is "a berth conforming to the requirements of § 393.76." A bunk that doesn't meet 393.76 isn't a sleeper berth for hours-of-service (HOS) purposes.
• Where the rest happens. Off-duty time can be spent anywhere, including a parked cab. Resting in a parked vehicle is excluded from on-duty time by 395.2, so a day-cab driver resting in a parked truck can log off duty.

Does sleeper berth count as off duty?

Yes. Sleeper berth time is off-duty time, logged on its own line. The regulation says so in two places. The log instructions call it "time off duty resting in a sleeper berth" (395.8(h)(2)). The daily totals in 395.8(f)(11) are listed as "off duty other than in a sleeper berth" and "off duty in a sleeper berth."

That's why the two statuses can be combined. Under 395.1(g)(1)(i), a driver who uses the sleeper berth to get the required 10 hours off may take any of these, as of October 2026:

• (A) at least 10 consecutive hours off duty;
• (B) at least 10 consecutive hours in the sleeper berth;
• (C) a combination of consecutive sleeper berth and off-duty time totaling at least 10 hours;
• (D) at least 7 consecutive hours in the sleeper berth plus up to 3 hours riding in the passenger seat of the moving truck, immediately before or after, totaling at least 10 consecutive hours; or
• (E) the equivalent of 10 hours through a split, covered next.

The passenger-seat option in (D) lines up with the on-duty definition in 395.2, which excludes "up to 3 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 7 consecutive hours in the sleeper berth."

How the split sleeper berth rule works

The split lets a property-carrying driver take the 10-hour break in two pieces. As of October 2026 (final, in effect), 49 CFR 395.1(g)(1)(ii) allows "not more than two periods of either sleeper berth time or a combination of off-duty time and sleeper berth time" if all four conditions are met:

1. Neither rest period is shorter than 2 consecutive hours.
2. One rest period is at least 7 consecutive hours in the sleeper berth.
3. The two periods total at least 10 hours.
4. Driving time immediately before and after each rest period, added together, doesn't exceed 11 hours and doesn't break the 14-hour limit.

Two calculation rules come with it, in 395.1(g)(1)(iii):

• The driving limit and the 14-hour limit "must be re-calculated from the end of the first of the two periods."
• The 14-hour window "does not include qualifying rest periods." In plain terms, a qualifying split period pauses the 14-hour clock. A plain off-duty break that isn't part of a qualifying split does not.

This is where off duty and sleeper berth really differ. A 7/3 split works with the 3 hours off duty or in the sleeper. An 8/2 split works with the 2 hours either way. But the 7 or 8 hours must be in the sleeper berth.

Worked example: a 7/3 split, step by step

Here is one illustrative split for a property-carrying driver, checked against 395.1(g). Illustration only.

Does the pair qualify?

• Each period is at least 2 hours: 3 and 7. Yes.
• One period is at least 7 consecutive hours in the sleeper berth: the 20:30–03:30 period. Yes.
• Total at least 10 hours: 3 + 7 = 10. Yes.
• Driving before and after the first period: 8 + 3 = 11, which doesn't exceed 11. Yes.

Was the 14-hour window respected? The 3-hour period qualifies, so it's left out of the window. Counted time from 06:00 to 20:30 is 8.5 + 3 = 11.5 hours, under 14.

What does the driver have at 03:30? Recalculate from the end of the first period (17:30). Since then the driver has driven 3 hours, so 8 hours of driving remain. The 7-hour sleeper period is excluded from the window, so 11 of the 14 hours remain, and the window closes at 14:30.

Had the 3-hour break been taken without pairing it to a later 7-hour sleeper period, it would not have paused anything. The window would have closed at 20:00, and the 17:30–20:30 drive would have run past it.

Off duty vs sleeper berth for the 30-minute break and the 34-hour restart

Both statuses count for the 30-minute break. 49 CFR 395.3(a)(3)(ii) says the break "may be satisfied either by off-duty, sleeper berth or on-duty not driving time" or a combination.

For the restart, 395.3(c) requires "an off-duty period of 34 or more consecutive hours." 395.3(c) doesn't mention the sleeper berth. But the log rules describe sleeper berth time as "time off duty resting in a sleeper berth" (395.8(h)(2)), so sleeper time reads as off-duty time for this count. If your carrier's electronic logging device (ELD) settings or policy treat it differently, ask your safety department.

Can team drivers log sleeper berth while the truck is moving?

Yes. The on-duty definition in 49 CFR 395.2 treats the two kinds of rest differently. It excludes "time spent resting in or on a parked vehicle" and, separately, "time spent resting in a sleeper berth," with no parked requirement on the second. So on a team run, the co-driver resting in a compliant berth while the truck moves logs sleeper berth time. The same co-driver sitting in the passenger seat is on duty, except for the 3-hour passenger-seat allowance next to a 7-hour sleeper period. Off-duty rest in the cab, outside the berth, needs the truck to be parked.

Passenger carriers and the 8-hour split

Bus and motorcoach drivers work under different numbers. 395.1(g)(3) lets a passenger-carrying driver with a sleeper berth make up 8 hours off duty with two sleeper periods. Neither may be shorter than 2 hours, driving before and after can't exceed 10 hours, and there's no driving after the 15th hour of on-duty time. The rest of this page covers property carriers.

Is the split-sleeper rule changing?

Not as of October 2026. The Federal Motor Carrier Safety Administration (FMCSA) has proposed, not adopted, a pilot program to test splits outside the 7-hour sleeper requirement (90 FR 44790, Sept. 17, 2025). It would cover about 256 drivers. FMCSA published an information-collection notice for it on October 7, 2026 (91 FR 64214), with comments due December 7, 2026. We found no notice launching it. For drivers outside a pilot, 395.1(g) applies as written. Our post on the new 14-hour rule question tracks both HOS pilots.

Common logging mistakes

• Logging the 7-hour half as off duty. It has to be on the sleeper berth line to qualify for the split.
• Assuming any break stops the 14-hour clock. Only qualifying split periods are left out of the window. A 2-hour lunch that never gets paired still counts.
• Calling a non-compliant bunk a sleeper berth. The berth has to meet 393.76.
• Counting passenger-seat time beyond 3 hours, or passenger-seat time not right before or after a 7-hour sleeper period. That time is on duty.

For the bigger picture, see our guide to the four duty statuses, including off duty and on-duty not driving and the hours of service rules overview.

Reward drivers for clean logs

Clean logs come from drivers who rest the way the rules intend. Off Duty Not Driving Rewards is a rewards program for trucking fleets. Contact our team to learn more.

This article is general information, not legal advice. Confirm requirements against the current regulation text and with your compliance counsel.