If a driver under a Canada South rule set is unable to take 10 hours of off-duty time in a day, the driver can defer up to 2 hours to the following day. However, the deferred off-duty time cannot be part of the 8 consecutive hours of core off duty time.
The total off duty time taken in the two days must be at least 20 hours (i.e., total off-duty time for 2 days ≥ 20 hours).
What are the conditions for daily off-duty time deferral?
- Off duty time hours deferred from day 1 must be added to the next 8 consecutive hours of core off duty time on day 2. For example, if a driver deferred 2 hours from day 1, the driver must take 10 consecutive hours of core off duty time on day 2 (8 hours + 2 hours). It is important to note that the deferred off duty time requirement is different from the regular daily off duty requirement. Specifically, the driver must take all 8 consecutive hours of core off duty time on day 1 and all 10 consecutive hours of core off duty time on day 2 as well as the other 2 hours of off-duty time required.
- None of the core off duty time can count towards the additional 2 hours of off duty time on day 2. However, the 2 hours of off duty time (or a portion of the deferred time) can occur immediately before the core rest period.
- Total driving time in the two days must not exceed 26 hours (i.e., total driving time ≤ 26 hours).
Why is the driver not able to defer off-duty time?
- You can only defer off-duty once a day. Have you already deferred off-duty in the day?
- You can only defer “other off-duty”. Do you have enough off-duty to defer or have you taken it already? The system will not allow you to defer if you have an insufficient amount of off-duty time.
Although the deferral applies only to off-duty time, there is an impact on other daily limits. Because you can defer up to 2 hours of off-duty time to the next day, you can be on duty for a maximum of 2 extra hours on day 1. This can be driving time or on-duty, not driving. However, as discussed above, you cannot exceed 26 hours of driving time in the two days.
Note: When you defer off duty for the day your shift must have enough time available because the off-duty deferral adjusts the daily limits and not the shift limits. You need to have time available in your shift to be able to get the benefit of the deferral. This means that your daily driving time and on duty time is extended with the deferred off duty time but your shift limits stay the same. The shift limits are not extended by deferring off duty.
- The off-duty time deferred may not be part of the mandatory 8 consecutive hours of core off-duty time. You must already have completed your 8 hours core off-duty before deferring other off-duty.
- Deferral is not allowed on the next day (day 2) if you already deferred off-duty on day 1.
- You are not allowed to defer off-duty if you have used the split sleeper.
- You are not allowed to defer off-duty if you have already used the adverse or emergency driving exemptions.
- Make sure that the total off-duty time taken in the 2 days is at least 20 hours.
A driver must apply the following work shift limits in off-duty deferral
situations:
- After 13 hours of driving time in a work shift, a driver must take at least 8 consecutive hours of off-duty time (core rest period) before driving again.
- After 14 hours of on-duty time in a work shift, a driver must take at least 8 consecutive hours of off-duty time (core rest period) before driving again.
- After 16 hours of elapsed time in a work shift, a driver must take at least 8 consecutive hours of off-duty time (core rest period) before driving again.
How often can a driver apply the off-duty time deferral?
A driver can use the off duty time deferral option every second day.
Ref: Alberta Motor Transport Association, Alberta Reference Guide for Hours of Service Training Development, June 23, 2008.