16. Deferral of daily off-duty time

(1) Despite sections 12 and 14, a driver who is not splitting off-duty time in accordance with section 18 or 19 may defer a maximum of 2 hours of the daily off-duty time to the following day if

(a) the off-duty time deferred is not part of the mandatory 8 consecutive hours of off-duty time;

(b) the total off-duty time taken in the 2 days is at least 20 hours;

(c) the off-duty time deferred is added to the 8 consecutive hours of off-duty time taken in the second day;

(d) the total driving time in the 2 days does not exceed 26 hours; and

(e) there is a declaration in the record of duty status that states that the driver is deferring off-duty time under this section and that clearly indicates whether the driver is driving under day one or day two of that time.

SOR/2019-165, s. 5