Commercial Vehicle Drivers Hours of Service Regulations

41 (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 39 and 40 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 8 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 15 hours;

• (e) the on-duty time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 18^th hour after the driver comes on duty, calculated in accordance with subsection (2); and

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

(2) The 18^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 8 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 the driver to begin to drive again in accordance with the requirements of sections 39 and 40 and no driver shall begin to drive again without first taking at least 8 consecutive hours of off-duty time.