FMCSA extends trucking company’s sleeper berth exemption

WASHINGTON — Federal regulators have extended until 2030 a sleeper berth exemption for a large private fleet owner despite opposition from safety groups.

Collegedale, Tennessee-based McKee Foods Transportation (MFT), which has operated under an exemption since 2015, will continue to have added sleeper berth flexibility with the extension approved by the Federal Motor Carrier Safety Administration.

The exemption allows those who operate in driving teams among the company’s 732 drivers (according to the latest government data) to split their 10 hours of required sleeper berth time into two equal five-hour periods (or periods of four hours and six hours), versus one period of at least seven hours, as is the current regulation.

“Since 2015 when the exemption was first granted, this exemption has not had an adverse effect on MFT’s safety record,” the agency stated in a notice posted on Tuesday.

“FMCSA therefore concludes that renewing the exemption for another five years, under the terms and conditions listed below, will likely maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption.”

MFT told FMCSA it has been able to operate at an equivalent or greater safety level with the exemption based on several factors:

Each week all transportation operations shut down one hour prior to sundown on Friday until one hour after sundown on Saturday, resulting in an automatic minimum 26-hour off-duty home time for all drivers each weekend, which is in addition to home time during the week.
All tractors are equipped with speed limiters..
Drive time is reduced from 11 hours to 10 hours. Team drivers are limited to 10 hours of driving prior to completing their required 10 hours of sleeper berth time.
Behavior-based event data is monitored from the ELD to enhance safety.

In jointly filed comments on the exemption request, The Truck Safety Coalition (TSC), Citizens for Reliable and Safe Highways, and Parents Against Tired Truckers pointed out that the reason why the current, more restrictive split-time requirement exists for team drivers is that FMCSA had previously found that “splitting time in the sleeper berth in too short of increments prevents obtaining restorative sleep that is necessary to perform a safety-sensitive function.”

They also noted that FMCSA evaluated and rejected a comparable request in 2023.

Responding to the groups’ concerns, FMCSA acknowledged that there is still not enough data to affirm that allowing for a 5/5 or 6/4 sleeper berth split for all motor carriers would achieve an equivalent safety level to the current regulations.

“With respect to MFT’s operations, however, MFT has operated under the exemption with specific terms and conditions, including a 26-hour off duty period every week, and daily driving time limit of 10 hours, since March 2015,” FMCSA stated. “FMCSA has not observed any adverse safety impact from MFT’s operation under the exemption for 10 years.”

FMCSA also explained that it had denied the 2023 application because, unlike MFT, the applicant in that case had failed to detail how an equivalent level of safety would be achieved.