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McKee Foods Sleeper Berth Exemption: 5/5 & 6/4 for MFT Team Drivers

One snack-food carrier has run a looser sleeper-berth rule for a decade — legally. If you drive for McKee Foods Transportation, your split options are wider than everyone else's. Here is the exact text, history and dates.

What the exemption allows

Under the standard rule (49 CFR 395.1(g)(1)(ii)), a split needs one period of at least 7 consecutive sleeper-berth hours. The MFT exemption drops that floor entirely:

Who it covers (and who it doesn't)

CoveredNot covered
Team drivers employed by McKee Foods Transportation, LLC (USDOT #1025678)Every other carrier, owner-operator and driver — the exemption belongs to MFT, not to the industry
MFT's delivery and backhaul team operations, the operation the exemption was written forDrivers who used to work for MFT — once you leave, the standard 7-hour berth floor applies again

Docket history: a decade of renewals

DateWhat happened
Mar 27, 2015Exemption granted (FR 2015-07056): two periods totaling 10 h, neither under 3 hours; effective one year, renewable
Apr 20, 2020First renewal (FR 2020-08207): same 3-hour floor, 5-year term; safeguards codified — Sabbath shutdown, speed limiters, ELDs, 10-hour driving cap
Jul–Oct 2024Renewal application; FMCSA reopens the comment period and adds a docket document interpreting the sleeper-berth provisions
Apr 9, 2025Renewal granted (FR 2025-06060): floor relaxed from 3 h to 2 h, explicitly blessing 8/2, 7/3, 6/4 and 5/5; in force Apr 20, 2025 – Apr 20, 2030

The published safeguards

FMCSA granted the relief because MFT's operation ships with compensating controls. The renewal records them:

Check before you plan. This page reflects docket FMCSA-2014-0071 as published through the April 2025 renewal. Exemptions lapse and terms move — verify the current status on regulations.gov or with MFT safety before building schedules on a 5/5.

Want to see whether your pairing passes under MFT's terms? The rule checker scores your two periods against all four rule sets at once — standard, FSB pilot, MFT, and the 14-hour pause pilot.

All guides · FSB pilot status · The rule explained · Rule checker · Contact
Sources: Federal Register 2015-07056, 2020-08207, 2025-06060; docket FMCSA-2014-0071. Verified October 2026.

Basis & sources

Primary sources only — the statute, form or paper this page is built on.

Last reviewed 2026-10-26 · Report a correction

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