41. Splitting of Daily Off-duty Time — Single Driver

(1) A driver who is 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 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;

(c.1) 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 18th 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 18th 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(3) [Repealed, SOR/2019-165, s. 12]

SOR/2019-165, s. 12