Deferral of off-duty time
Canada's hours of service rules let a driver who is not splitting the daily rest defer up to 2 hours of the daily off-duty time to the next day, if the two days together have at least 20 hours off and no more than 26 hours of driving. The US has no deferral.
Deferral of off-duty time, Canada and US
| Rule | US rules | Canadian rules |
|---|---|---|
| Off-duty time moved to the next day | No deferral. A new shift needs 10 hours off in a row.49 CFR 395.3(a)(1), 49 CFR 395.3 | Up to 2 hours, not taken from the 8 hours off in a rowSOR/2005-313 s. 16, SOR/2005-313 s. 16(a) |
| Off duty over the two days | No deferral49 CFR 395.3 | At least 20 hoursSOR/2005-313 s. 16(b) |
| Driving over the two days | No deferral49 CFR 395.3 | No more than 26 hoursSOR/2005-313 s. 16(d) |
| Where the deferred time goes | No deferral49 CFR 395.3 | Added to the 8 hours off in a row on the second daySOR/2005-313 s. 16(c) |
| Work-shift limits | No deferral49 CFR 395.3 | Unchanged on both days: 13 hours of driving, 14 on duty, and no driving after 16 hours from the start of the shiftSOR/2005-313 s. 13(1), SOR/2005-313 s. 13(2), SOR/2005-313 s. 13(3), CCMTA Application Guide, Question 63 |
| How often | No deferral49 CFR 395.3 | No more often than every second dayCCMTA Application Guide, Question 64 |
| The log | No deferral49 CFR 395.3 | Must say the driver is deferring, and whether it is day one or day twoSOR/2005-313 s. 16(e) |
On a cross-border run this means
Deferral is a Canadian rule only. Once the truck crosses south, the US limits apply and nothing is deferred: a new US shift needs 10 hours off in a row. The free check does not model deferral, so its answer is the safe one.
A northbound run that runs out of Canadian driving time in the work shift. Deferral would not make it legal: the work-shift limits apply on both days.
- Direction
- US to Canada
- Hours read at
- 13:00 EDT on Mon Oct 5
- Came on duty at
- 02:00, after 10 h off
- This shift so far
- 10 h 30 m driving, 11 h on duty, 4 h driving since the last break
- Canadian cycle
- Cycle 1 (70 hours in 7 days)
- US cycle
- 70 hours in 8 days
- On-duty hours
- 40 h in the last 7 days, 40 h in the last 8 days
- 24 hours off in a row in the last 14 days
- Yes
- The run
- Leaves at 13:00, drives 15 m to the border, then 3 h after it
This is the answer the free check gives for these hours.
Not legal as planned. The run breaks the Canadian 13-hour driving limit.
Why
Binding limit: Canadian 13-hour driving limit (SOR/2005-313 s. 12(1), SOR/2005-313 s. 13(1)). The daily limit and the work-shift limit run out at the same time. Hours worked on both sides of the border count toward it.
What makes this a GO
10 h off duty from 13:00, then depart at 23:00 EDT on Mon Oct 5 or later. The rest of the run stays the same.
At the border, under Canadian rules
| Driving left | 2 h 15 m |
|---|---|
| On-duty time left | 2 h 45 m |
| 16-hour window left | 4 h 45 m |
| Cycle 1 left | 29 h 45 m |
Where the hours came from
Hours entered by hand.
BorderHOS is a planning aid. It does not replace your ELD, the driver's judgment, or the regulations. Results depend on the hours used.
How this was worked out
- Hours read at 13:00 on Mon Oct 5: 10 h 30 m driving and 11 h on duty this shift. Hours count under both countries' rules; only the rules change at the border.
- Departs 13:00, drives 15 m in the US, crosses at 13:15, then 3 h in Canada.
- At the border under Canadian rules: 2 h 15 m of driving left, 2 h 45 m of on-duty time left, 4 h 45 m of the 16-hour window left, 29 h 45 m of Cycle 1 left.
- First limit broken: the Canadian 13-hour driving limit at 15:30, in Canada.
- Earliest legal departure, resting off duty from 13:00: 23:00 on Mon Oct 5.
What this check does not cover
- Sleeper-berth splits are not modeled.
- Canadian deferral of daily off-duty time is not modeled.
- Adverse driving conditions are not modeled.
- Team drivers, north of 60, oil-well permits and short-haul exemptions are not modeled.
- Border wait is not added. Time waiting in line counts as on duty.
- The date of the driver's last 24 hours off was not given. It is assumed to fall within the last 14 days for the whole run.
- Canada requires records of duty status for the current day and the preceding 14 days on board. Confirm before crossing.
Engine 1.0.1. Rule values 1.1.0, verified by CVORReady Inc.
Check it
Open the example in the free check with the hours filled in, then change them to match your driver.
Questions
Can deferral give my driver more driving time in a day?
Not in a work shift. The CCMTA guide says the work-shift limits still apply on both days and cannot be changed: 13 hours of driving, 14 on duty, and no driving after 16 hours. The two days together allow no more than 26 hours of driving.
Can a driver use deferral and a split sleeper berth together?
No. Deferral is only for a driver who is not splitting the daily rest in the sleeper berth, and a driver on a split cannot defer.
Does deferral work in the US?
No. The US has no deferral. In the US a driver may not drive without first taking 10 hours off in a row.
Does the free check use deferral?
No. The free check does not model deferral. It applies Canada's daily limits as if no time was deferred, so its answer is the safe one. If the driver is deferring, check the hours on the ELD before the run.
When the check says NO-GO
- I took my 10, so why am I still over for the day in Canada?
Canadian 10 hours off in a day
- I thought my driver could drive 13 in Canada. Why the NO-GO?
Canadian 13-hour driving limit
- My driver has driving hours left. Why can't they drive in Canada?
Canadian 14-hour on-duty limit
- How late can my driver drive after crossing into Canada?
Canadian 16-hour limit
- My driver took 8 hours off, so why can't they drive in the States?
US 10 hours off
More rules
- Split sleeper berth, Canada vs US
How a split sleeper berth works in Canada and the US: how long each period must be, whether off-duty time counts, and why a US split can fail in Canada.
- Canadian rules for US drivers
What a US driver must follow in Canada: 13 hours driving, 10 hours off, Cycle 1 and 2, and why your 34-hour restart does not count.
- 13 hours vs 11 hours
Canada allows 13 hours of driving a day, the US 11 after 10 off, and the hours carry across. What is left at the border, with a worked run.
Sources
- Commercial Vehicle Drivers Hours of Service Regulations, SOR/2005-313 (Justice Canada)
- 49 CFR 395.3, Maximum driving time for property-carrying vehicles (eCFR)
- FMCSA, Hours of service requirements for cross-border drivers
Values verified by CVORReady Inc. Last verified 25 Oct 2026. Sources: SOR/2005-313 s. 16, SOR/2005-313 s. 16(b), SOR/2005-313 s. 16(d), 49 CFR 395.3(a)(1), SOR/2005-313 s. 13(1), SOR/2005-313 s. 13(2), SOR/2005-313 s. 13(3), SOR/2005-313 s. 13(1), (2), 49 CFR 395.3, SOR/2005-313 s. 16(a), SOR/2005-313 s. 16(c), CCMTA Application Guide, Question 63, CCMTA Application Guide, Question 64, SOR/2005-313 s. 16(e).