HOS Changes Coming? One Way It Can Impact Small Carriers’ Profitability

If you’re an owner-operator or running a small fleet, you’ve probably heard the rumblings: Washington may loosen up some HOS restrictions. The proposed pilot programs, under review, could give more flexibility in driving and rest requirements. Sounds promising — but like everything in trucking, the devil is in the details.

This isn’t about being for or against HOS reform. It’s about knowing how upcoming changes could affect your bottom line — both the wins and the risks. Let’s walk through what this means, with examples, so you can see if these changes would help you.

From what’s public so far, the Department of Transportation is exploring pilot programs that might allow:

• More flexible break/rest times
  

• Possibility of splitting driving windows or rest periods differently
  

• Adjustments so that certain portions of required rest or breaks can be done “off duty” in safer or more convenient locations
  

• Expanded windows for adverse weather or unexpected delays
  

The idea is to give drivers more control over how they use their on-duty hours, reduce “wasted” wait times, and make some routes more efficient under the constraint of HOS.

Here are scenarios where this could push you into higher profit margins — by the mile or by the load.

Current Rule: You drive your 11-hour limit, hit the clock, then mandatory rest. Sometimes you wait at a rest area or stuck in traffic before resets begin.

With Flex Option: Suppose you can shift part of your mandatory rest to off-duty in a more flexible way, or get partial rest credit when waiting in safer locations, even if they don’t meet every current spec. You lose less drive time.

• If you by today lose 1 hour/week waiting for resets or breaks, that’s ~52 hours/year. At 60 mph average, that’s 3,120 “lost” miles.
  

• If your average load pays $2.10/mile, that’s about $6,552 a year you never saw.
  

Even with fuel and wear, that could net you $4,500–$5,500/year more just by trimming wait time.

Bad weather, snow, ice, accidents, traffic delays often eat into your driving window. If the pilot allows you to push further or shift rest without losing legal compliance because of delays, you could salvage trips that would otherwise force you off the road.

Imagine:

• You’re running a lane that in good conditions takes 660 miles and 11 hours drive time + required rest. A snowstorm slows you. Under old rules you may lose 2–3 hours waiting, then rest, then finish.
  

• Under a flexible pilot, some of that “waiting” time might count differently (either off-duty or rest credit), letting you finish more miles on that route instead of getting stuck short and needing to relay loads.
  

That’s added miles + added pay.

If you understand the rules well, you could pick loads that under current HOS give you tight margins, but with the flexibility you could run them more efficiently.

For instance:

• A load that’s 10 hours driving + 2 hours load/unload + 1 hour travel to rest area = 13 total hours. Normally you’d need to stop. If you can squeeze smaller rest windows, you might finish more of that trip in a day or be strategic where you rest so that the next day starts closer to the pick instead of starting miles that day.
  

Change always carries risk. Here are the downsides owner-operators must understand:

If you assume more flexibility and overdrive (literally), you risk FMCSA violations. If your logs, ELD data, or rest records don’t match what’s legally allowed under the pilot, you’re vulnerable. Fines, audits, or safety violations follow.

With more opportunity comes more expectation. Brokers or carriers may push you to run harder, accept tighter windows, fewer rest opportunities, more discretionary time that now has fewer constraints. That can mean more stress, less sleep, more fatigue — which can reduce safety and increase long‑term costs (repairs, insurance, health).

Even if the pilot is federal, states may interpret or enforce differently. Local law enforcement, safety inspectors, or DOT checkers might still expect old-style compliance. You might get flagged during inspections because they aren’t aware of or accepting the pilot changes.

If you’re one of the early adopters of flexible HOS, your insurance, broker contracts, or customer expectations might not align, opening you to liability risk.

Resale value could also be impacted if your maintenance shows high utilization or high usage (more miles, more wear) without corresponding service history. In theory, one can expect to see higher equipment miles in correlation to the change.

Let’s take a real-world style example:

You run a 2‑day run with 8 stops from the Midwest to the Southeast (using multi-stop as a stress test with the flexibility in mind):

• Day 1: 600 miles, 8 stops. You drive 10 hours, run into bad weather, lose 2 hours. Then mandatory rest.
  

• Day 2: Finish remaining 5 stops + backhaul leg 150 miles.
  

Under Current HOS:

• Total legal drive hours = limited to 11 hours/day
  

• Lost time in traffic + weather = unproductive but counted as on‑duty
  

• You might have to stop earlier and start day two further from location → more deadhead + lower pay
  

With Flexible HOS (Pilot):

• Some waiting hours count as rest or off-duty in certain conditions
  

• More flexible break windows let you adjust stops to keep driving more
  

• Better ability to schedule rest at safer, closer locations
  

• Result: possibly finish route earlier, log more miles, improve $/mile, reduce deadhead
  

If pay is $2.15/mile, adding just 50 extra legal driving miles per run because of better flexibility = $107.50 per trip. Over 2 trips per week, that can really add up to more money in your pocket.

Q: When will these HOS flexibility pilots start and where do they apply?

A: As of the latest reports, DOT is soliciting comments from the industry. Exact dates are not finalized. Expect pilot regions or carriers to be selected first. It may roll out regionally before nationwide adoption.

Q: Can I voluntarily follow the pilot rules now?

A: Not unless you’re officially selected. Until pilots are approved and you’re assigned, you must continue following existing federal HOS and your company policy. Using pilot‑style rest flexibility without legal coverage could cost you in violation.

Q: Will pay rates go up if I can run more hours or more efficiently?

A: Possibly. Brokers might value carriers who can deliver more reliably in challenging lanes and offer better pay per mile. But increased opportunity depends on your equipment, your ability to deliver safely, and your reliability.

Q: Could insurance or liability increase because of more driving hours?

A: Possibly but not guaranteed. More hours, more exposure. If you’re pushing the limits, wreck risks, fatigue, maintenance wear all increase. Make sure your insurance covers changes. Keep excellent maintenance and safety records because that’s what you’ll lean on.

Q: What if I run food service or refrigerated loads with tight appointment times and detention is always an issue?

A: These are exactly the types of operations that could benefit significantly from flexibility — if the rules allow considering loading, unloading delays, backed‑up docks, temperature issues (pre-cool issues, etc). But only if those delays are legally recognized rest or off‑duty under the pilot.

Change is coming. Maybe quietly, maybe slowly, maybe with bumps. But if the proposed HOS flexibility pilot programs pass down the road, they could shift how small carriers operate, run loads, and make money.

The upside is real: more miles, fewer forced downtime gaps, and better alignment between actual driving reality and regulation.

Whatever happens, the best choice is to watch closely, plan now, and keep your truck in motion.

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