Section 11: Splitting off-duty time

Ontario

Hours of Service

Part III -- Shift Requirements

11. (1) A driver may meet the off-duty time requirement of section 9 in a sequence of sleeper berth periods under subsection (2) or (3) until the sequence of sleeper berth periods ends with a period of at least eight consecutive hours of off-duty time, if all the sleeper berth periods in the sequence meet the requirements of subsection (2) or (3), as the case may be. O. Reg. 555/06, s. 11 (1).

(2) A driver who is driving a commercial motor vehicle fitted with a sleeper berth may meet the mandatory off-duty time requirement of section 9 by accumulating off-duty time in no more than two periods where,

(a) neither period of off-duty time is less than two hours;

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

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

(d) the driver does not drive again when,

(i) the total of the driving times before and after each sleeper berth period in a sequence referred to in subsection (1) exceeds 13 hours,

(ii) the total of the on-duty times before and after each sleeper berth period in a sequence referred to in subsection (1) exceeds 14 hours, and

(iii) the total of the elapsed times before and after each sleeper berth period in a sequence referred to in subsection (1) exceeds 16 hours. O. Reg. 555/06, s. 11 (2).

(3) Where a team of two or more co-drivers are driving a commercial motor vehicle fitted with a sleeper berth, each driver may meet the mandatory off-duty time requirement of section 9, not by accumulating off-duty time as provided by subsection (2), but by accumulating off-duty time in no more than two periods where,

(a) neither period of off-duty time is less than four hours;

(b) the total of the two periods of off-duty time is at least eight hours;

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

(d) the driver does not drive again when,

(i) the total of the driving times before and after each sleeper berth period in a sequence referred to in subsection (1) exceeds 13 hours,

(ii) the total of the on-duty times before and after each sleeper berth period in a sequence referred to in subsection (1) exceeds 14 hours, and

(iii) the total of the elapsed times before and after each sleeper berth period in a sequence referred to in subsection (1) exceeds 16 hours. O. Reg. 555/06, s. 11 (3).

(4) For the purpose of subsection (3), each driver must record in the "Remarks" section of the daily log the times when a co-driver, other than a co-driver described in subsection 2 (5), enters the commercial motor vehicle. O. Reg. 555/06, s. 11 (4).

© King's Printer for Ontario, 2012-2021. The text is not the official version of Ontario's Highway Traffic Act or associated regulations. For official text, refer to www.ontario.ca/laws.