Subpart A

Question 1: Are there differences in how long a driver may operate in a single duty period in Canada and the United States?

Guidance: In the United States, for drivers of property no driving may be done after 14-consecutive hours until the driver first takes 10 consecutive hours off duty. (393.3(a)(2)). For drivers of passengers in the United States, no driving may be done after being on duty 15-hours following 8 consecutive hours off duty. (49 CFR § 395.5(a)(2)) Yes. In Canada, no driving may be done after 16 hours have elapsed beginning with the first on-duty activity after the conclusion of an 8 or more-consecutive hour rest period. (SOR/2005-313 – Section 13: Mandatory Off-duty Time)

Question 2: What are the differences between the maximum duty time/duty cycles regulations in the United States and Canada?

Guidance: When operating in the United States, no driving may be done after accumulating 60 on-duty hours in 7 consecutive days if the motor carrier does not operate CMVs every day of the week; or 70 on-duty hours in 8 consecutive days if the employing motor carrier operates CMVs every day of the week. (49 CFR § 395.3(b)(1)-(2); 49 CFR § 395.5(b)(1)(2)) When operating in Canada, under Cycle 1, no driving may be done after accumulating 70 on-duty hours in 7 days; under Cycle 2 no driving may be done after accumulating 120 on-duty hours in 14 days. (SOR/2005-313 - Section 26 – Cycles; Section 27 - Cycles) When operating in Canada under Cycle 2, drivers are not permitted to drive after accumulating 70 hours on-duty without having first taken 24-consecutive hours of off-duty time. (SOR/2005-313 - Section 27 – Cycles) When operating in Canada, all drivers must take at least 24-consecutive hours of off-duty time in any 14-day period. (SOR/2005-313 - Section 25 – Cycles)

Question 3: When operating in the United States, should a Canadian commercial driver continue to operate under the Canadian HOS regulations?

Guidance: A Canadian CMV driver must comply with the U.S. HOS regulations (49 CFR part 395) when operating in the United States. Drivers must also ensure that they comply with the Canadian HOS regulations (SOR/2005-313) when they return to Canada.