Commercial Vehicle Drivers Hours of Service Regulations

18 (1) A driver who is driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off-duty time and daily off-duty time requirements of sections 13 and 14 by accumulating off-duty time in no more than 2 periods if

• (a) neither period of off-duty time is shorter than 2 hours;

• (b) the total of the 2 periods of off-duty time is at least 10 hours;

• (c) the off-duty time is spent resting in the sleeper berth;

• (d) the total of the driving time in the periods immediately before and after each of the periods of off-duty time does not exceed 13 hours;

• (e) the elapsed time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 16^th hour after the driver comes on-duty;

• (f) none of the daily off-duty time is deferred to the next day; and

• (g) the total of the on-duty time in the periods immediately before and after each of the periods of off-duty time referred to in paragraph (b) does not include any driving time after the 14^th hour.

(2) The 16^th hour is calculated by

• (a) excluding any period spent in the sleeper berth that is 2 hours or more in duration and that, when added to a subsequent period in the sleeper berth, totals at least 10 hours; and

• (b) including

  • (i) all on-duty time,

  • (ii) all off-duty time not spent in the sleeper berth,

  • (iii) all periods of less than 2 hours spent in the sleeper berth, and

  • (iv) any other period spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this section.

(3) No motor carrier shall request, require or allow a driver to begin to drive again and no driver shall begin to drive again in accordance with the requirements of sections 13 and 14 without first taking at least 8 consecutive hours of off-duty time.