International Drivers Local and Highway Splitting Time Off.

Going to and from the U.S. can be mind boggling with your hours of service.  Many drivers are trying to use the 16 hour rule to extend driving or on duty time. This rule can get you into trouble if your are an international driver.

16 Hour Elapsed Time ( Local Canadian drivers only)

For simplicity I recommend only using the 16 hour elapsed time if you are a local Canadian driver not going into the U.S. during your shift. If you are a local driver traveling to the U.S. be sure you have 10 consecutive hours off  before the shift upon which you travel in the U.S. and only use the 14 hour duty rule for that shift.
( P.S. Some companies may not want you to use the 16 hour rule at all.)

You may extend your tour of duty elapsed time by an amount of off-duty time other than the mandatory 8 consecutive hours  distributed throughout the day in blocks of no less than 30 minutes each. The total amount of off-duty time taken by a driver in a day shall include at least 2 hours of off-duty time that does not form part of a period of 8 consecutive hours of off-duty time. NSC #9

Standard 9: Hours of Service – August 2010 ( off time and 16 hour elapsed time)
13. (1) No motor carrier shall request, require or allow a driver to drive and no driver shall drive
after the driver has accumulated 13 hours of driving time unless the driver takes at least 8
consecutive hours of off-duty time before driving again.
(2) No motor carrier shall request, require or allow a driver to drive and no driver shall drive
after the driver has accumulated 14 hours of on-duty time unless the driver takes at least
8 consecutive hours of off-duty time before driving again.
(3) No motor carrier shall request, require or allow a driver to drive and no driver shall drive
after 16 hours of time have elapsed between the conclusion of the most recent period of 8
or more consecutive hours of off-duty time and the beginning of the next period of 8 or more
consecutive hours of off-duty time.
14. (1) A motor carrier shall ensure that a driver takes and the driver shall take at least 10
hours of off-duty time in a day.
(2) Off-duty time other than the mandatory 8 consecutive hours may be distributed
throughout the day in blocks of no less than 30 minutes each.
(3) The total amount of off-duty time taken by a driver in a day shall include at least 2
hours of off-duty time that does not form part of a period of 8 consecutive hours
of off-duty time required by section 13.
18.(2) The 16th 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 10 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.

U.S. Regulation 16 hour rule. ( Recommended not for use by Canadian Drivers)
FMCSA 395.1

(o) Property-carrying driver. A property-carrying driver is exempt from the requirements of § 395.3(a)(2) if:
(1) The driver has returned to the driver’s normal work reporting location and the carrier released the driver from duty at that location for the previous five duty tours the driver has worked;
(2) The driver has returned to the normal work reporting location and the carrier releases the driver from duty within 16 hours after coming on duty following 10 consecutive hours off duty; and
(3) The driver has not taken this exemption within the previous 6 consecutive days, except when the driver has begun a new 7- or 8-consecutive day period with the beginning of any off-duty period of 34 or more consecutive hours as allowed by § 395.3(c).

Highway drivers Split Sleeper

If you are a Canadian highway driver use your split bunk CDN rule while in Canada and the U.S. rule while in the U.S. If you go from Canada to the U.S. in a split bunk rule remember to have 8 consecutive hours off in the bunk before you enter the U.S.. This will by regulation {O.Reg. 555/06 11(3)} end your split sleeper in Canada and make you compliant in the U.S. because the D.O.T. will use two hours from your sleeper period before your 8 hour consecutive sleeper to calculate the 2+8=10 { FMCSA 395.1 (g)}. Remember also that the period of on duty and driving before and after your last sleeper period must not exceed the 11 hour driving and 14 hour on-duty. {FMCSA 395.1 (g)}

Highway Traffic Act  O.Reg. 555/06
11.  (1)  A driver may meet the off-duty time requirement of section 9( off duty) 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).

Standard 9: Hours of Service – August 2010
(2) The 16th 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 10 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) No motor carrier shall request, require or allow a driver to begin to drive again and no
driver shall begin to drive again in accordance with the requirements of sections 13 and 14
without first taking at least 8 consecutive hours of off-duty time.

U.S. Split Sleeper Regulation  FMCSA 395.1

(g) Sleeper berths—
(1) Property-carrying commercial motor vehicle—(i) In General. A driver who operates a property-carrying commercial motor vehicle equipped with a sleeper berth, as defined in §§395.2 and 393.76 of this subchapter,
(A) Must, before driving, accumulate
(1) At least 10 consecutive hours off duty;
(2) At least 10 consecutive hours of sleeper-berth time;
(3) A combination of consecutive sleeper-berth and off-duty time amounting to at least 10 hours; or
(4) The equivalent of at least 10 consecutive hours off duty if the driver does not comply with paragraph (g)(1)(i)(A)(1), (2), or (3) of this section;

(B) May not drive more than 11 hours following one of the 10-hour off-duty periods specified in paragraph (g)(1)(i)(A)(1) through (4) of this section; and

(C) May not drive after the 14th hour after coming on duty following one of the 10-hour off-duty periods specified in paragraph (g)(1)(i)(A)(1) through (4) of this section; and

(D) Must exclude from the calculation of the 14-hour limit any sleeper berth period of at least 8 but less than 10 consecutive hours.
(ii) Specific requirements. The following rules apply in determining compliance with paragraph (g)(1)(i) of this section:
(A) The term “equivalent of at least 10 consecutive hours off duty” means a period of
(1) At least 8 but less than 10 consecutive hours in a sleeper berth, and
(2) A separate period of at least 2 but less than 10 consecutive hours either in the sleeper berth or off duty, or any combination thereof.
(B) Calculation of the 11-hour driving limit includes all driving time; compliance must be re-calculated from the end of the first of the two periods used to comply with paragraph (g)(1)(ii)(A) of this section.
(C) Calculation of the 14-hour limit includes all time except any sleeper-berth period of at least 8 but less than 10 consecutive hours; compliance must be re-calculated from the end of the first of the two periods used to comply with the requirements of paragraph (g)(1)(ii)(A) of this section.

Deferral of off-duty time.

This I only recommend using if you never travel to the U.S. because you must use 2-days to utilize this rule and you don’t want to get caught short of off time if you suddenly get sent to U.S.

This is the type of interpretation drivers should be given at drivers meetings. It requires some time and study of both U.S. and Canadian regulations to figure out how to set your H.O.S. before crossing borders. If you use the 16 hour elapsed time legally and then go to the U.S legally you may have to explain the Canadian H.O.S. to a D.O.T. officer when he sees your previous days logs to prove your compliancy.

Your opinions are appreciated.

Advertisement