Hours-of-Service Pilot Programs in 2026: What Montana Truck Crash Victims Should Know About Fatigue Defenses

If a truck driver ran a red light, crossed the centerline, or rear-ended your vehicle on a Montana highway, fatigue may have been the reason. Driver exhaustion is a factor in 13% of large-truck crashes nationwide, and the federal rules designed to prevent it are now being tested in new ways.

In 2026, the Federal Motor Carrier Safety Administration (FMCSA) began two pilot programs that give participating truck drivers more flexibility in their daily driving schedules. For crash victims, that matters. Trucking companies and their insurers may use these evolving rules to cloud the picture of what a driver was legally allowed to do.

At Doubek, Pyfer & Storrar, PLLP, our truck accident attorneys in Montana, have represented injured people against the trucking industry for decades. Call us at 406-442-7830 or fill out our confidential contact form to schedule a free consultation.

What Are the 2026 FMCSA Hours-of-Service Pilot Programs?

Hours-of-service (HOS) rules are federal regulations that set hard limits on how long a commercial truck driver can operate before mandatory rest. Under current law, drivers of property-carrying trucks must complete all driving within a 14-hour window after coming on duty and cannot drive more than 11 hours within that window. These rules exist for one reason: a fatigued driver behind 80,000 pounds of steel is a deadly hazard.

In September 2025, the FMCSA announced two pilot programs as part of Transportation Secretary Sean Duffy’s “Pro-Trucker Package.” Here is what each program does:

• Split Duty Period (SDP) Pilot: Participating drivers can pause their 14-hour driving window for anywhere from 30 minutes to three hours. That pause does not count against their window, effectively extending the total time they may be on duty.
• Flexible Sleeper Berth (FSB) Pilot: Participating drivers can use new rest-period combinations of 6/4 or 5/5 hours in and out of the sleeper berth, instead of the standard 8/2 or 7/3 splits currently required.

Why Does This Matter If You Were Hurt in a Montana Truck Crash?

When a crash happens, one of the first questions an attorney asks is whether the driver was fatigued and whether HOS rules were followed. Electronic logging devices (ELDs) record duty-status data in real time. That data can show whether a driver pushed past legal limits before the collision.

Now, if the driver was a pilot program participant, the trucking company may argue that the driver was operating lawfully under an exemption. That argument is not automatically a defense. The pilot programs apply only to the roughly 256 drivers enrolled in each program. They require carriers to maintain enrollment documentation that drivers must carry during data collection. And the exemption covers specific, narrow schedule modifications and not a blanket license to drive fatigued.

But insurers are skilled at using regulatory complexity to minimize payouts. An experienced Montana truck accident lawyer knows how to cut through that complexity and focus on what the evidence actually shows about the driver’s condition at the time of the crash.

Fatigue Defenses Trucking Companies May Try to Use

Even outside of pilot programs, trucking companies often raise fatigue defenses that shift blame away from their drivers. In the context of the 2026 HOS changes, watch for these tactics:

• “The driver was within the new pilot rules.” This only applies if the driver was a verified participant with documentation. If they were not enrolled, standard HOS rules apply.
• “The ELD shows compliance.” ELD data shows hours logged, not the driver’s actual alertness. A driver can be dangerously fatigued while technically within their logged hours.
• “There is no proof of fatigue.” Fatigue often leaves no physical trace after a crash. A truck accident law firm experienced in litigation can use expert witnesses, driving pattern analysis, and time-of-day data to build a strong fatigue case.

What the Pilot Programs Do Not Change

The pilot programs are not a deregulation of safety rules. FMCSA stressed that both programs are designed to achieve safety outcomes equivalent to or greater than current regulations. Each participating driver is monitored with smartwatch technology to measure sleep quality and total rest. The agency will track crash records, roadside inspection data, and fatigue indicators throughout the four-month data collection period.

Critically, these are pilot programs — not law. If the data does not support broader changes, the exemptions expire. Nothing in these programs eliminates a carrier’s duty to ensure their drivers are fit for duty before a trip begins. Montana truck accident attorneys can still pursue claims based on fatigue, regardless of any HOS pilot.

How Montana Crash Victims Can Protect Their Claims

If you were hurt in a collision with a commercial truck anywhere in Montana (on I-15 near Helena, Highway 2 in the Hi-Line, or I-90 through Missoula) the steps you take early can define your case.

Preserve evidence quickly. ELD records, driver logs, and carrier enrollment data in FMCSA pilot programs can be lost or overwritten if not requested fast.

Did you realize that federal regulations require carriers to retain driver records for six months? While that might seem like a long time, trucking companies have been known to destroy records at the earliest opportunity permitted by law.

Work with a truck accident attorney who understands HOS regulations and how to read ELD data. Keif Storrar of Doubek, Pyfer & Storrar, PLLP, holds a CDL certification and is an active member of the Academy of Truck Accident Attorneys, a background that directly applies when building a fatigue-based injury claim.

Contact Our Montana Truck Accident Lawyers

If you or a loved one was injured in a truck crash in Montana, do not wait. Evidence disappears fast. Call Doubek, Pyfer & Storrar, PLLP at 406-442-7830 or fill out our confidential contact form to schedule your free consultation with a Montana truck accident attorney today.