One rule, five ways to rest, and exactly two of them involve splitting. Here is what 49 CFR 395.1(g)(1) actually says — including the parts most articles skip.
Drivers with a compliant sleeper berth can satisfy the 10-hour reset requirement by accumulating any of these:
Two separate periods count as the equivalent of 10 consecutive hours when all three are true:
That's why the labels are 8/2 and 7/3: with a 7-hour berth stretch you need 3 hours on the other side just to reach 10. Anything above the floors works — 9/2, 8/3, 7.5/2.5 — and the breaks can come in either order.
| 8/2 split | 7/3 split | |
|---|---|---|
| Longer period | 8+ consecutive hours, sleeper berth only | 7+ consecutive hours, sleeper berth only |
| Shorter period | 2+ hours, berth / off duty / combo | 3+ hours, berth / off duty / combo (to reach 10) |
| Order | Either — recalculation anchors to whichever came first | |
| 14-hour window | Neither break counts, once both are complete | |
| 70-hour clock | Untouched | |
Property-carrying drivers operating a CMV with a sleeper berth meeting the construction requirements of 49 CFR 393.76. No qualifying berth, no split — regardless of company policy. Passenger-carrying drivers have their own, tighter provision. It's also optional: FMCSA's 2020 guidance confirms you can run a full 10-hour reset some days and a split on others, and no carrier can force the split.
Before September 29, 2020, only the 8/2 was legal. The 2020 HOS Final Rule added the 7-hour berth option, which is what makes 7/3 splits possible. FMCSA has since been running a pilot program testing 6/4 and 5/5 splits with enrolled drivers — unless you're in it, 6/4 and 5/5 remain violations.
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Rule basis: 49 CFR 395.1(g)(1), 49 CFR 393.76 via eCFR; 2020 HOS Final Rule effective September 29, 2020.