Let's uncomplicate the HOS Canada Deferral of Daily Off-duty Time, shall we! (Cannot be used in the U.S.)
The best to explain the ‘HOS Canada Deferral of Daily Off-duty Time’ is to think of this like a split shift to allow a driver to get extra 2 hours of driving and on duty in a 24-hour period (Day 1), taking the required extra 2 hours off on the following day (Day 2).
It would be like working the morning shift, going home for 8 hours in the afternoon and returning to work for the night shift in the same day. The following day, a driver would take 2 hours off during his/her shift and then go home and take 10 hours off.
The 8 hours off must be completed before the end of the first day of deferral.
- A driver may split the off-duty time over any 2 consecutive days by deferring a maximum of 2 hours of the daily off-duty time from the first day to the 2nd day and increasing the total of the driving and on-duty times in the 1st day by not more than 2
- A driver does not drive more than 13 hours or be on duty for more than 14 hours from the end of his/her last 8 consecutive 8 hours
- The mandatory 8 hours of must be taken before the end of the first
- The extra 2 hours can be accomplished after the mandatory 8 hours off but still in day 1. (14+8 off+2= 24)
- Day 2 must show 12 hours
- 2 hours + 10 consecutive hours
- 8 hours off in day 1, then 2 hours. + 10 hours off in day 2 = 20
- Deferral dates must be marked in the comment section of a driver’s log Example: Deferred 2 hours October 12, 2016 to October 13, 2016.
- This method cannot be used while a driver is in a split sleeper. To end the split sleeper mode, a driver must take 8 consecutive hours off.
- Over the 2 days, driving must not exceed 26 hours, on-duty 28 hours, or off duty less than 20
- This method can be used by a driver every 2nd day if he/she wishes to do, but a driver must be aware of the cycle
Some high-level Q & A’s to add context to the above, based on the Federal Rule.
Q1. Would the driver be eligible for the “deferral of off-duty time” provision, if the driver exceeded 13 hours of driving in the immediately preceding on-duty period?
A1. No, the driver having exceeded the driving limitation is in violation of Sections 12(1) or 13(1). The driver would be declared out-of-service by an inspector and would be required to take a minimum of 10 consecutive hours off-duty. Reference: Section 91(3)(b).
Q2. Can the driving time be extended to 15 hours and on-duty time to 16 hours into the work shift?
A2: No. The rules for the work shift continue to apply and cannot be modified.
Example 1 - In Compliance
Example 2 - In Violation
Note: To exercise the deferral option, the 8 consecutive hours must be completed in the first day.
Example 3 - In Violation
Q3. Is there a limit as to how often a driver can take the deferral of daily off-duty time?
A3: Yes, every second day.
Q4. When is a driver utilizing the deferral of off-duty time required to take the deferred time off?
A4: During day 2; as well, the deferred time must be added to the required 8 consecutive hours of off-duty time. The off-duty time deferral is added to the 8 consecutive hours of off-duty time taken in the second day.
Example 4 - In Compliance
Q5. With respect to Section 16(e) will daily log-sheets require special “declaration” boxes in the remarks section to avoid confusion during enforcement?
A5. No. When a driver has exercised the deferral option, this notation should be made in the remarks section of the daily log. The driver must make sure it is clearly understood that he/she has exercised the deferral option and the appropriate day (day 1 or day 2).
Q6. How is the deferral option required to be recorded if the driver does not retain a log book?
A6: The carrier is required to retain accurate time records. Therefore, the carrier will be required to identify any time the driver used the deferral option.
Q7. Deferral hours of off-duty are added to the 8 consecutive hours of off-duty time taken on day 2. If a driver used that deferral on the last day of his/her cycle, does he/she have to take 38 consecutive hours off-duty instead of 36?
For more blogs on the ELD regulation, visit our Ask The Expert section
The above information is for informational purposes only, and should in no way be relied upon as legal advice.
Sep 23, 2019 Marc Moncion