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:
- Two periods totaling at least 10 hours of sleeper-berth time (or berth/off-duty combination);
- Neither period shorter than 2 hours — and nothing else;
- So 8/2, 7/3, 6/4 and 5/5 all qualify for covered drivers — a 5/5 is a legal workday for an MFT team while everyone else waits for the pilot.
Who it covers (and who it doesn't)
| Covered | Not 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 for | Drivers who used to work for MFT — once you leave, the standard 7-hour berth floor applies again |
Docket history: a decade of renewals
| Date | What happened |
|---|
| Mar 27, 2015 | Exemption granted (FR 2015-07056): two periods totaling 10 h, neither under 3 hours; effective one year, renewable |
| Apr 20, 2020 | First renewal (FR 2020-08207): same 3-hour floor, 5-year term; safeguards codified — Sabbath shutdown, speed limiters, ELDs, 10-hour driving cap |
| Jul–Oct 2024 | Renewal application; FMCSA reopens the comment period and adds a docket document interpreting the sleeper-berth provisions |
| Apr 9, 2025 | Renewal 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:
- Every week, operations shut down one hour before sundown Friday until one hour after sundown Saturday — a guaranteed 26-hour weekend off-duty block;
- All tractors have speed limiters;
- ELDs track all duty time and HOS compliance;
- Driving is capped at 10 hours (not the standard 11) before completing the required 10 hours total in the berth.
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.
FAQ
What does the McKee Foods sleeper berth exemption allow?
McKee Foods Transportation (MFT) team drivers may take the equivalent of 10 consecutive hours off duty by splitting sleeper-berth time into two periods totaling at least 10 hours, provided neither period is shorter than 2 hours. Unlike the standard rule there is no 7-consecutive-hour berth requirement, so 6/4 and 5/5 splits also qualify.
Who is covered by the McKee Foods exemption?
Only team drivers employed by McKee Foods Transportation, LLC (USDOT #1025678). It is a carrier-specific exemption, not an industry-wide rule — a driver who leaves MFT is back under 49 CFR 395.1(g)(1)(ii).
When does the current McKee Foods exemption expire?
The current renewal was published in the Federal Register on April 9, 2025 (document 2025-06060) and is in force April 20, 2025 through April 20, 2030. MFT has renewed it repeatedly since 2015, but each renewal is a fresh FMCSA decision — check the docket for the current status.
What conditions come with the exemption?
Published safeguards include a weekly shutdown window around the Sabbath, speed limiters on all tractors, ELD use for duty time, and a driving cap of 10 hours (not 11) before completing the required 10 hours of berth time.