Commercial Vehicle Drivers Hours of Service Regulations

42 (1) A team of drivers driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off-duty time requirements of section 39 by accumulating off-duty time in no more than 2 periods if

• (a) neither period of off-duty time is shorter than 4 hours;

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

• (c) the sleeper berth meets the requirements of Schedule 1;

• (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 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 4 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 4 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(3) [Repealed, SOR/2019-165, s. 13]