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Commercial Vehicle Drivers’ Hours of Service Regulations

made under Section 303 of the

Motor Vehicle Act

R.S.N.S. 1989, c. 293

O.I.C. 2009-517 (December 15, 2009), N.S. Reg. 332/2009


Citation

1     These regulations may be cited as the Commercial Vehicle Drivers’ Hours of Service Regulations.


Definitions

2     The following definitions apply in these regulations:

 

“adverse driving conditions” means snow, sleet, fog or other adverse weather or road conditions that were not known, and could not reasonably have been known, to a driver or a carrier dispatching a driver immediately before the driver began driving;

 

“carrier” means a person who owns, leases or is otherwise responsible for the operation of a commercial vehicle;

 

“co-driver” means a person who is present in a commercial vehicle because they have been or are about to be its driver;

 

“commercial vehicle” means

 

                         (i)     a truck, truck-tractor or trailer, or any combination of them, that exceeds a registered gross vehicle weight of 4500 kg, or

 

                         (ii)    a bus that is designed and constructed to have a designated seating capacity of more than 10 persons, including the driver, and is used for transporting passengers for compensation;

 

“cycle” means 1 of the following periods during which a driver’s on-duty time is accumulated:

 

                         (i)     cycle 1, under which on-duty time is accumulated over 7 consecutive days,

 

                         (ii)    cycle 2, under which on-duty time is accumulated over 14 consecutive days;

 

“daily log” means a record required by Section 31 that accounts for all of a driver’s on-duty time and off-duty time for a particular day;

 

“day”, in relation to a driver’s hours of service, means a 24-hour period that begins at the start time;

 

“director” means the person designated by the Minister under Section 4;

 

“driver” means any of the following and, for the purposes of Section 41, includes a co-driver:

 

                         (i)     a person who operates a commercial vehicle,

 

                         (ii)    in relation to a carrier, a person who is employed or otherwise engaged by the carrier to operate a commercial vehicle, including a self-employed driver;

 

“duty status” means any of the following periods of time:

 

                         (i)     off-duty time, other than time spent in a sleeper berth,

 

                         (ii)    off-duty time spent in a sleeper berth,

 

                         (iii)   driving time,

 

                         (iv)   on-duty time, other than driving time;

 

“elapsed time” means the 16-hour period referenced in subsection 7(2);

 

“electronic recording device” means an electric, electronic or telematic device that is installed in a commercial vehicle and is capable of accurately recording, in accordance with Section 33, each period of duty status, in whole or in part;

 

“emergency vehicle” means any of the following vehicles:

 

                         (i)     a fire-fighting vehicle, ambulance, police vehicle or other vehicle that is used for emergency purposes,

 

                         (ii)    a vehicle engaged in snow removal or ice control operated by or on behalf of a government agency,

 

                         (iii)   a vehicle operated by or on behalf of a public utility when performing emergency repair services;

 

“home terminal” means a carrier’s place of business where a driver ordinarily reports for work and, in Sections 30 to 32 and Schedule 2, includes a temporary work site designated by the carrier;

 

“inspector” means a motor vehicle inspector appointed under Section 6 of the Motor Vehicle Act;

 

“Minister” means the Minister of Transportation and Infrastructure Renewal;

 

“off-duty time” means any time other than on-duty time;

 

“oil well service vehicle” means a commercial vehicle that meets all of the following criteria:

 

                         (i)     it is specially constructed, altered or equipped to accommodate a specific service requirement associated with the oil or natural gas industry,

 

                         (ii)    it is used exclusively in the oil or natural gas industry for transporting equipment or materials to and from oil or natural gas facilities or for servicing and repairing oil or natural gas facilities;

 

“on-duty time” means the time beginning from when a driver starts work or is required by the carrier to be available to work, other than when the driver is waiting to be assigned to work, and ending when the driver stops work or is relieved of responsibility by the carrier, and includes driving time and time spent by the driver doing any of the following activities:

 

                         (i)     inspecting, servicing, repairing, conditioning or starting a commercial vehicle,

 

                         (ii)    travelling in a commercial vehicle as a co-driver, when the time is not spent in the sleeper berth of the vehicle,

 

                         (iii)   participating in the loading or unloading of a commercial vehicle,

 

                         (iv)   inspecting or checking the load of a commercial vehicle,

 

                         (v)    waiting for a commercial vehicle to be serviced, loaded, unloaded or dispatched,

 

                         (vi)   waiting for a commercial vehicle or its load to be inspected,

 

                         (vii)  waiting at an en-route point because of an accident or other unplanned occurrence or situation,

 

                         (viii) performing any work for any carrier,

 

                         (ix)   resting in or occupying a commercial vehicle for any other purpose, except during any of the following times:

 

                                  (A)   time counted as off-duty time in accordance with Section 8,

 

                                  (B)   time spent in the sleeper berth of the vehicle,

 

                                  (C)   time spent in the vehicle when it is stationary to satisfy the off-duty requirements of Section 9,

 

                                  (D)   time spent in the vehicle when it is stationary that is in addition to the off-duty requirements of Section 9;

 

“out-of-service declaration” means a declaration issued by the director or an inspector under Section 38 to a driver for contravention of these regulations;

 

“personal use” of a commercial vehicle means the use of the vehicle by a driver other than in the course of business as a carrier;

 

“principal place of business” of a carrier means the place or places in the Province designated by the carrier as the place where daily logs, supporting documents and any related relevant records required to be kept by these regulations will be kept;

 

“recreational vehicle” means a vehicle that is designed as mobile accommodation and used as transportation for personal and recreational purposes without compensation, and includes a cabin trailer, collapsible cabin trailer, tent trailer and camping trailer;

 

“sleeper berth” means a sleeper berth as defined in Schedule 1;

 

“special permit” means an authorization to operate a commercial vehicle with exceptions and variances to the provisions of these regulations that is granted to a carrier under Section 20, 21 or 22;

 

“start time”, in relation to a day, means the hour a driver’s day begins, as designated by a carrier for the duration of the driver’s cycle;

 

“supporting document” means a document or information that is recorded or stored by any means and that is required by the director or an inspector to assess compliance with these regulations, and includes fuel receipts, bills of lading, shipping documents and accommodation receipts.


Application of regulations

3     These regulations apply to all commercial vehicles other than the following vehicles:

 

                (a)    a 2-axle or 3-axle commercial vehicle while it is being used for any of the following when the driver or the carrier is the producer of the products:

 

                         (i)     a trip to pick up feed grain or the primary products of a farm, forest, sea or lake,

 

                         (ii)    a trip to transport feed grain or the primary products of a farm, forest, sea or lake,

 

                         (iii)   a return trip after transporting feed grain or the primary products of a farm, forest, sea or lake;

 

                (b)    an emergency vehicle;

 

                (c)    a vehicle engaged in providing relief during a public welfare emergency as defined in the Emergencies Act (Canada) or during an emergency as defined in the Emergency Management Act;

 

                (d)    a bus that is part of the public transit service that is provided in any of the following:

 

                         (i)     a municipality;

 

                         (ii)    2 or more bordering municipalities;

 

                         (iii)   within 25 km of the boundary of a municipality or 2 or more bordering municipalities that the transit service serves;

 

                (e)    a commercial vehicle when driven for personal use, if all of the following conditions are met:

 

                         (i)     the vehicle does not have a load,

 

                         (ii)    no trailers are hitched to the vehicle,

 

                         (iii)   the vehicle does not travel farther than 75 km in a day,

 

                         (iv)   the driver records the odometer reading in the daily log at the beginning and end of the personal use,

 

                         (v)    the driver is not the subject of an out-of-service declaration;

 

                (f)    a recreational vehicle.


Director designated by Minister

4     The Min[i]ster may designate a person to exercise the duties and functions of the director under these regulations.


Responsibility of carrier, shipper, consignee and driver to restrict driving

5     A carrier, shipper, consignee or other person must not request, require or allow a driver to drive and a driver must not drive in any of the following circumstances:

 

                (a)    the driver’s faculties are impaired to the point that it is unsafe for the driver to drive;

 

                (b)    driving would jeopardize or be likely to jeopardize the safety or health of the public, the driver or the employees of the carrier;

 

                (c)    the driver is the subject of an out-of-service declaration;

 

                (d)    by driving the driver would not be in compliance with these regulations.


On-duty Time and Off-duty Time


Maximum daily driving time and maximum daily on-duty time

6     Except as otherwise provided in these regulations, a carrier must not request, require or allow a driver to drive and a driver must not drive again in a day after the driver has accumulated:

 

                (a)    13 hours of driving time in the day; or

 

                (b)    14 hours of on-duty time in the day.


Mandatory off-duty time

7     (1)    Unless a driver has taken at least 8 consecutive hours of off-duty time before driving again, a carrier must not request, require or allow the driver to drive and the driver must not drive again after the driver has accumulated:

 

                (a)    13 hours of driving time; or

 

                (b)    14 hours of on-duty time.

 

       (2)    A carrier must not request, require or allow a driver to drive and a driver must not drive again if 16 hours has elapsed between the end of the driver’s 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.


Time spent travelling as passenger is off-duty time

8     Time spent by a driver as a passenger is counted as off-duty time if all of the following conditions are met:

 

                (a)    at the request of the carrier who employs or otherwise engages the driver, the time is spent travelling to the destination where the driver will begin driving;

 

                (b)    the driver has taken 8 consecutive hours of off-duty time before the driver begins to drive.


Minimum daily off-duty time

9     (1)    Except as otherwise provided in these regulations, a carrier must ensure that a driver takes and the driver must take at least 10 hours of off-duty time in a day and the 10 hours must include:

 

                (a)    8 consecutive hours of off-duty time;

 

                (b)    at least 2 hours of off-duty time that is not part of the 8 consecutive hours of off-duty time required by clause (a).

 

       (2)    Off-duty time other than the 8 consecutive hours required by clause (1)(b) may be distributed throughout the day in blocks of at least 30 minutes each.


Deferral of daily off-duty time

10   (1)    Except as prohibited in subsection (2), a driver may defer a maximum of 2 hours of daily off-duty time to the following day if all of the following criteria are met:

 

                (a)    the off-duty time deferred is not part of the daily 8 consecutive hours of off-duty time required by clause 9(1)(a);

 

                (b)    the total off-duty time taken in the 2 days is at least 20 hours;

 

                (c)    the deferred off-duty time is taken consecutively with the daily 8 consecutive hours of off-duty time that the driver takes in the 2nd day;

 

                (d)    the total driving time accumulated by the driver in the 2 days does not exceed 26 hours;

                (e)    the driver adds a declaration in the “Remarks” section of their daily log that

 

                         (i)     states that the driver is deferring off-duty time under this Section, and

 

                         (ii)    clearly indicates whether the driver is driving under day 1 or day 2 of the days affected by the deferral.

 

       (2)    The following drivers must not defer their daily off-duty time under this Section:

 

                (a)    a driver who is splitting off-duty time in accordance with Section 12 or 13;

 

                (b)    a driver operating under an oil well service vehicle special permit granted under Section 22.


Mandatory off-duty time when driver travelling by ferry

11   A driver taking a commercial vehicle on a ferry crossing that takes more than 5 hours is not required to take 8 consecutive hours of off-duty time as required by Sections 7 and 9 if all of the following criteria are met:

 

                (a)    all of the following time spent by the driver totals at least 8 hours:

 

                         (i)     time spent in a sleeper berth at the terminal while waiting to board the ferry,

 

                         (ii)    time spent in rest accommodations on the ferry,

 

                         (iii)   time spent in a sleeper berth at a rest stop that is 25 km or less from the point where the vehicle disembarks from the ferry;

 

                (b)    the times listed in subsection (1) are recorded in the daily log as off-duty time spent in a sleeper berth;

 

                (c)    the driver retains the receipt for the crossing and rest accommodation fees as a supporting document, and the receipt coincides with the daily log entries.


Single driver splitting daily off-duty time

12   (1)    A driver of a commercial vehicle fitted with a sleeper berth may meet the 8 consecutive hours of mandatory off-duty time required by Section 7 and the minimum 10 hours of daily off-duty time required by Section 9 by accumulating off-duty time in 2 periods if all of the following criteria are met:

 

                (a)    neither period of off-duty time is shorter than 2 hours;

 

                (b)    the total of the 2 periods of off-duty time is at least 10 hours;

 

                (c)    the off-duty time is spent resting in the sleeper berth;

 

                (d)    none of the daily off-duty time is deferred to the next day;

 

                (e)    the total of the driving time in the periods immediately before and after each of the periods of off-duty time is not longer than 13 hours;

 

                (f)    the total of the on-duty time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 14th hour;

 

                (g)    the elapsed time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 16th hour after the driver comes on-duty.

 

       (2)    The 16th hour referred to in clause (1)(g) is calculated as follows:

 

                (a)    by excluding any period spent in the sleeper berth that

 

                         (i)     is 2 hours or longer in duration, and

 

                         (ii)    totals at least 10 hours when added to a subsequent period in the sleeper berth; and

 

                (b)    by including all of the following:

 

                         (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,

 

                         (iv)   any time spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this Section.

 

       (3)    After a driver takes their split daily off-duty time in accordance with subsection (1), a carrier must not request, require or allow the driver to drive again and the driver must not drive again in accordance with the requirements of Sections 7 and 9 without first taking at least 8 consecutive hours of off-duty time.


Team of drivers splitting daily off-duty time

13   (1)    A team of drivers of a commercial vehicle fitted with a sleeper berth may meet the 8 consecutive hours of mandatory off-duty time required by Section 7 and the minimum 10 hours of daily off-duty time required by Section 9 by accumulating off-duty time in 2 periods if all of the following criteria are met:

 

                (a)    neither period of off-duty time is shorter than 4 hours;

 

                (b)    the total of the 2 periods of off-duty time is at least 8 hours;

 

                (c)    the off-duty time is spent resting in the sleeper berth;

 

                (d)    none of the daily off-duty time is deferred to the next day;

 

                (e)    the total of the driving time in the periods immediately before and after each of the periods of off-duty time is not longer than 13 hours;

 

                (f)    the total of the on-duty time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 14th hour;

 

                (g)    the elapsed time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 16th hour after the driver comes on duty.

 

       (2)    The 16th hour referred to in clause (1)(g) is calculated as follows:

 

                (a)    by excluding any period spent in the sleeper berth that

 

                         (i)     is 4 hours or longer in duration, and

 

                         (ii)    totals at least 8 hours when added to a subsequent period in the sleeper berth; and

 

                (b)    by including all of the following:

 

                         (i)     all on-duty time,

 

                         (ii)    all off-duty time not spent in the sleeper berth,

 

                         (iii)   all periods of less than 4 hours spent in the sleeper berth,

 

                         (iv)   any time spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this Section.

 

       (3)    After a team of drivers takes their split daily off-duty time in accordance with subsection (1), a carrier must not request, require or allow the team drivers to drive again and the team drivers must not drive again in accordance with the requirements of Sections 7 and 9 without each driver first taking at least 8 consecutive hours of off-duty time.


Cycles


Driver must follow cycle 1 or cycle 2

14   A carrier must require that a driver follow either cycle 1 or cycle 2 and a driver must follow either cycle 1 or cycle 2.


Mandatory off-duty time in 14-day period

15   Subject to the longer minimums required by Sections 18 and 19 for when a cycle is reset or switched, a carrier must not request, require or allow a driver to drive and a driver must not drive again unless the driver has taken at least 24 consecutive hours of off-duty time in the previous 14 days.


Maximum on-duty time for cycle 1 driver

16   A carrier must not request, require or allow a driver who is following cycle 1 to drive and a driver who is following cycle 1 must not drive again after the driver has accumulated 70 hours of on-duty time during any of the following:

 

                (a)    any 7 consecutive days;

 

                (b)    the cycle that was ended or switched from, for a driver who has reset their cycle in accordance with Section 18 or switched their cycle in accordance with Section 19.


Maximum on-duty time for cycle 2 driver

17   A carrier must not request, require or allow a driver who is following cycle 2 to drive and a driver who is following cycle 2 must not drive again in their current cycle after the driver has accumulated

 

                (a)    120 hours of on-duty time during any of the following:

 

                         (i)     any 14 consecutive days, or

 

                         (ii)    the cycle that was ended or switched from, for a driver who has reset their cycle in accordance with Section 18 or switched their cycle in accordance with Section 19; or

 

                (b)    70 hours of on-duty time, unless the driver takes at least 24 consecutive hours of off-duty time.


Off-duty time before cycle reset

18   (1)    A driver may end their current cycle and begin a new cycle that is the same as their current cycle if the driver first takes the following off-duty time:

 

                (a)    for cycle 1, at least 36 consecutive hours;

 

                (b)    for cycle 2, at least 72 consecutive hours.

 

       (2)    After a driver takes the off-duty time required by subsection (1), the driver begins a new cycle, the accumulated hours are set back to zero and the driver’s hours begin to accumulate again.


Off-duty time before cycle switched

19   (1)    A carrier must not request, require or allow a driver to switch and a driver must not switch from one cycle to the other without first taking the following off-duty time before driving again:

 

                (a)    to switch from cycle 1 to cycle 2, at least 36 consecutive hours;

 

                (b)    to switch from cycle 2 to cycle 1, at least 72 consecutive hours.

 

       (2)    After a driver takes the off-duty time required by subsection (1), the driver begins the other cycle, the accumulated hours are set back to zero and the driver’s hours begin to accumulate again.


Special Permits


Special permits for research or pilot projects

20   (1)    The director may issue a special permit to a carrier for the purpose of a research or pilot project if the safety and health of the public, the driver and the employees of the carrier are not jeopardized or are unlikely to be jeopardized.

 

       (2)    An applicant for a special permit under this Section must include a detailed work plan with their application that includes at least all of the following information for the proposed research or pilot project:

 

                (a)    the nature of the project;

 

                (b)    the objectives of the project;

 

                (c)    the competence of the applicant to participate in the project;

 

                (d)    the criteria and method for measuring results;

 

                (e)    the safety implications and the approach to addressing any possible risks identified;

 

                (f)    the duration of the project;

 

                (g)    the manner of and timing for reporting results.

 

       (3)    Sections 6 to 19 and 27 to 42 do not apply to a carrier and its drivers when operating under a special permit issued under this Section, but Sections 23 to 26 apply with any modifications that the circumstances require.


Special permits for commercial vehicles other than oil well service vehicles

21   (1)    The director may issue a special permit to a carrier for a commercial vehicle other than an oil well service vehicle if all of the following conditions are met:

 

                (a)    off-duty time required under these regulations needs to be reduced or driving time and on-duty time required under these regulations needs to be increased for any of the following purposes:

 

                         (i)     to allow a driver following a regular itinerary to reach their home terminal or destination,

 

                         (ii)    to allow the delivery of perishable goods,

 

                         (iii)   to accommodate a significant temporary increase in the transportation of passengers or goods by the carrier;

 

                (b)    the safety and health of the public, the driver and the employees of the carrier are not jeopardized or are unlikely to be jeopardized.

 

       (2)    The only deviations from the requirements of these regulations that may be authorized in a special permit issued under this Section are the following:

 

                (a)    reducing the 2 additional hours of daily off-duty time required by clause 9(1)(b); and

 

                (b)    increasing the maximum daily driving time and on-duty time required by Section 6 by up to a total of 2 hours.


Special permits for oil well service vehicles

22   (1)    The director may issue a special permit to a carrier for an oil well service vehicle if all of the following conditions are met:

 

                (a)    the driver has successfully completed training directly related to safety requirements associated with operating within the field services sector of the oil or natural gas industry;

 

                (b)    the safety and health of the public, the driver and the employees of the carrier are not jeopardized or are unlikely to be jeopardized.

 

       (2)    Sections 14 to 19 do not apply to a carrier and its drivers when operating under an oil well service vehicle special permit, but the special permit must require that the driver take, and the driver must take, all of the following off-duty time instead:

 

                (a)    a minimum of 3 periods of off-duty time during any 24 consecutive days that are

 

                         (i)     at least 24 consecutive hours each; and

 

                         (ii)    taken consecutively or separated by on-duty time;

 

                (b)    a minimum of 72 consecutive hours of off-duty time after the driver finishes driving under the special permit and before the driver begins driving again.

 

       (3)    Waiting time and standby time at an oil or natural gas well site or ancillary facility is not included as on-duty time for a driver operating under an oil well service vehicle special permit if all of the following conditions are met:

 

                (a)    the driver performs no work during the time;

 

                (b)    the time is fully and accurately recorded in the daily log as off-duty time and denoted as waiting or standby time in the “Remarks” section;

 

                (c)    the time is not included in the 8 consecutive hours of mandatory off-duty time required by Section 7 or the daily 8 consecutive hours of off-duty time required by Section 9.

 

       (4)    When a driver who has been driving under an oil well service vehicle special permit begins to drive again under Sections 14 to 19, they begin to accumulate hours in the cycle.

 

Applying for a special permit

23   (1)    A carrier may apply to the director for a special permit by providing all of the following information and documents to the director:

 

                (a)    the name of the carrier;

 

                (b)    all of the following for each driver who will operate a commercial vehicle under the special permit:

 

                         (i)     name,

 

                         (ii)    driver’s license number and province where the license was issued;

 

                (c)    a list of the commercial vehicles which will be operated by the carrier under the special permit;

 

                (d)    a list of all accidents involving the carrier or any of its drivers that occurred during the previous 6 months, if the laws of the province, state or country in which the accidents occurred require the accidents to be reported to police;

 

                (e)    the duration requested by the carrier for the special permit;

 

                (f)    the schedule requested by the carrier for operating under the special permit;

 

                (g)    the reasons for the application and evidence supporting the reasons;

 

                (h)    a copy of each special permit issued to the carrier under these regulations in the previous 5 years;

 

                (i)     a signed declaration that discloses all of the following:

 

                         (i)     any application made under these regulations by the carrier for a special permit,

 

                         (ii)    any application for a special permit made by the carrier to any provincial or territorial director in the previous 6 months under any province’s regulations respecting commercial drivers hours of service;

 

                (j)     if trucks will be operated under the special permit, a detailed description of the load for which the permit will apply;

 

                (k)    if buses will be operated under the special permit, a detailed description of the route for which the permit will apply;

 

                (l)     for a special permit issued under Section 20, the work plan required by subsection 20(2);

 

                (m)   any information the director requires to evaluate whether the granting of a special permit would jeopardize or would likely jeopardize the safety or health of the public, the driver or the employees of the carrier.

 

       (2)    A carrier applying for a special permit must make all of the following information available to the director on request for each driver who will operate a commercial vehicle under the special permit:

 

                (a)    the daily logs for the previous 6 months;

 

                (b)    supporting documents or records of on-duty times for the previous 6 months.


Information specified in special permit

24   The director must specify all of the following in a special permit:

 

                (a)    the reasons for issuing the permit;

 

                (b)    the duration of the permit, which must not exceed 1 year;

 

                (c)    any terms or conditions required for the protection of the safety or health of the public, the driver or the employees of the carrier.


Obligations of special permit holders

25   (1)    A carrier to whom a special permit is issued must do all of the following:

 

                (a)    require that a copy of the special permit is placed in each commercial vehicle operating under the permit;

 

                (b)    provide the director with a list of the commercial vehicles that will be operating under the permit and keep the director informed of any changes to the list;

 

                (c)    make all of the following information immediately available to the director on request for each driver who operates a commercial vehicle under the permit:

 

                         (i)     daily log,

 

                         (ii)    supporting documents and any related relevant records;

 

                (d)    notify the director without delay of any accidents involving any of the commercial vehicles operating under the permit if the laws of the province, state or country in which the accidents occurred require that the accident be reported to the police.

 

       (2)    A carrier must ensure that a driver driving under a special permit issued to the carrier drives and a driver driving under a special permit must drive in accordance with the terms and conditions of the special permit.


Amending, suspending or cancelling special permits

26   The director may amend, suspend or cancel a carrier’s special permit in any of the following circumstances by giving the carrier written notice:

 

                (a)    the carrier or any of its drivers contravenes these regulations or any condition of the special permit;

 

                (b)    the director determines that the safety and health of the public, the driver or the employees of the carrier are jeopardized or are likely to be jeopardized.

 

Emergencies and Adverse Driving Conditions


Extending driving time in emergencies

27   (1)    In this Section and in Section 29, “emergency”, in relation to a commercial vehicle, means an unexpected event or situation that constitutes a danger to any of the following:

 

                (a)    the occupants of the commercial vehicle;

 

                (b)    the security of the commercial vehicle and its load;

 

                (c)    road users.

 

       (2)    Despite any other provision of these regulations, a driver who requires more driving time in an emergency to avoid the dangers listed in subsection (1) and reach a safe destination may drive longer than the maximum driving times and on-duty times required by these regulations and take less than the off-duty times required by these regulations to reach the safe destination.


Extending driving time in adverse driving conditions

28   A driver who encounters adverse driving conditions while driving a commercial vehicle may drive longer than the maximum 13 hours of driving time and the maximum 14 hours of daily on-duty time required by Sections 6 and 7 and reduce the 2 hours of daily off-duty time required by Section 9 by the amount of time needed to complete the trip if all of the following criteria are met:

 

                (a)    the driving, on-duty and elapsed times in the cycle are not extended more than 2 hours;

 

                (b)    the driver takes the 8 consecutive hours of mandatory off-duty time required by Section 7;

 

                (c)    the trip could have been completed under normal driving conditions without extending the driving, on-duty and elapsed times and reducing off-duty time.


Reason for extending time recorded in daily log

29   A driver who exceeds their driving time, on-duty time or elapsed times, or reduces their off-duty time because of an emergency or adverse driving conditions must record the reason for doing so in the “Remarks” section of the daily log.


Daily Logs


Time recorded as local time

30   Time recorded by a driver in a daily log must be recorded using the local time at the driver’s home terminal.


Requirement to fill out daily log

31   (1)    Except as provided in subsection (2), a carrier must require a driver to fill out and each driver must fill out a daily log each day that accounts for all of the driver’s on-duty time and off-duty time for that day.

 

       (2)    The requirement to fill out a daily log in subsection (1) does not apply if all of the following criteria are met:

 

                (a)    the driver is not driving under a special permit;

 

                (b)    the driver operates or is instructed by the carrier to operate a commercial vehicle within a radius of 160 km of the home terminal;

 

                (c)    the driver returns to the home terminal each day to begin a minimum of 8 consecutive hours of off-duty time;

 

                (d)    either 1 of the following conditions is met:

 

                         (i)     for at least 6 months after the date the records were created, the carrier maintains accurate and legible records for each driver for each day showing all of the following:

 

                                  (A)   the driver’s duty status and elected cycle,

 

                                  (B)   the hour that each duty status begins and ends, and

 

                                  (C)   the total number of hours spent in each status,

 

                         (ii)    for at least 6 months after the date the records were created, the carrier maintains accurate and legible records for each driver for each day showing the hour that each on-duty segment starts and ends and the total on-duty time, and all of the following conditions are met:

 

                                  (A)   the driver’s elapsed time does not exceed 16 hours,

 

                                  (B)   the driver’s total on-duty time does not exceed 14 hours,

 

                                  (C)   the driver maintains accurate and legible records for each day showing the hour that each on-duty segment starts and ends and the total on-duty time, and the records for the previous 7 days are kept in the vehicle for inspection.


Content of daily log

32   (1)    A carrier must require that a driver legibly enters and the driver must legibly enter all of the following information in a daily log for the day at the time the beginning of the driver’s first on-duty time for the day:

 

                (a)    the date;

 

                (b)    their start time, if other than midnight;

 

                (c)    the driver’s name;

 

                (d)    the names of any co-drivers;

 

                (e)    the cycle the driver is following, other than for a driver who is driving under an oil well service vehicle special permit:

 

                (f)    the license plates or unit numbers of each commercial vehicle operated by the driver;

 

                (g)    for each commercial vehicle operated by the driver, the odometer reading when the driver begins driving;

 

                (h)    the names and the addresses of

 

                         (i)     the home terminal,

 

                         (ii)    the principal place of business of each carrier who employs or otherwise engages the driver during the day;

 

                (i)     if the carrier or driver was not required to keep a daily log immediately before the beginning of the day, in the “Remarks” section of the daily log, the number of hours of off-duty time and on-duty time that were accumulated by the driver each day during the previous 14 days;

 

                (j)     for a driver who has deferred off-duty time under Section 10, the declaration in the “Remarks” section of the daily log in accordance with clause 10(1)(e).

 

       (2)    A carrier must require that a driver records and a driver must record all of the following information in a daily log as the information becomes known:

 

                (a)    the time the driver spends in each duty status during the day, in accordance with Schedule 2;

 

                (b)    if the driver’s driving time is interrupted by a number of periods of other on-duty time of less than 1 hour each, the periods of driving time may be combined and the periods of other on-duty time may be combined;

 

                (c)    in the “Remarks” section, the name of the municipality, or the location on a highway or in a community, and the name of the province or state where each of the driver’s duty status changes occurred during the day.

 

       (3)    A carrier must require that a driver records and a driver must record all of the following in a daily log at the end of each day:

 

                (a)    the total time the driver spends in each duty status during the day;

 

                (b)    the total distance driven by the driver during the day, excluding any distance driven for the driver’s personal use;

 

                (c)    the odometer reading of each commercial vehicle operated by the driver at the end of the day.

 

       (4)    A carrier must require that a driver signs and a driver must sign the daily log completed by the driver, attesting to the accuracy of the information recorded in it.


Using electronic recording devices

33   A driver may use an electronic recording device for recording their duty status if all of the following criteria are met:

 

                (a)    the information contained in the electronic recording device is the same as the information that would have been provided if it had been submitted as a daily log in paper format;

 

                (b)    the driver can immediately provide the information for the previous 14 days to the director or an inspector, when requested, by producing it in any of the following ways or combination of the following ways:

 

                         (i)     on a digital display screen of the electronic recording device,

 

                         (ii)    in handwritten form,

 

                         (iii)   on a print-out or other intelligible output;

 

                (c)    the device is capable of displaying all of the following information:

 

                         (i)     the driving time and other on-duty time for each day the device is used,

 

                         (ii)    the total on-duty time accumulated and the total on-duty time remaining in the cycle the driver is following,

 

                         (iii)   the changes in duty status in chronological order and the time that each change occurred for each day the device is used;

 

                (d)    the driver can prepare a handwritten daily log from the information stored in the device for each day the device is used if requested by an inspector;

 

                (e)    the device automatically records the time and date any time it is disconnected and any time it is reconnected and stores the record;

 

                (f)    the device records the time the driver spent in each duty status;

 

                (g)    any hard copy of the daily log that is generated from the information stored in the device is signed on each page by the driver, attesting to its accuracy;

 

                (h)    the carrier provides blank daily log forms in the commercial vehicle for the driver’s use.


Possession of daily logs and supporting documents by drivers

34   A driver who is required to fill out a daily log must not drive and a carrier must not request, require or allow the driver to drive unless the driver has all of the following in their possession:

 

                (a)    a copy of the daily logs for the previous 14 days;

 

                (b)    for a driver driving under an oil well service vehicle special permit, a copy of the logs for each of the 3 periods of 24-hour off-duty time required by clause 22(2)(a) during any 24 consecutive days;

 

                (c)    the daily log for the current day, completed up to the time that the driver’s duty status last changed;

 

                (d)    any supporting documents and any related relevant records that the driver received during the current trip.


Distributing and keeping daily logs

35   (1)    Except as provided in subsection (2) for a driver employed or otherwise engaged by more than 1 carrier in a day, a carrier must ensure that a driver sends and a driver must send the original daily log and supporting documents to the home terminal no later than 20 days after the driver completes the daily log.

 

       (2)    A carrier must ensure that a driver sends, and a driver who is employed or otherwise engaged by more than 1 carrier in a day must send all of the following to the specified home terminal no later than 20 days after the driver completes a daily log:

 

                (a)    the original of the daily log to the home terminal of the first carrier the driver worked for that day;

 

                (b)    a copy of the daily log to the home terminal of each other carrier the driver worked for that day;

 

                (c)    the original supporting documents to the home terminal of the carrier the driver was driving for when the documents were created or received.

 

       (3)    A carrier must do all of the following with the daily logs and supporting documents of the drivers it employs or otherwise engages:

 

                (a)    deposit them at its principal place of business no later than 30 days after the date they are received;

 

                (b)    keep them for at least 6 months, in chronological order for each driver.


Tampering and falsifying daily log

36   (1)    A carrier must not request, require or allow a driver to keep and a driver must not keep more than 1 daily log for each day.

 

       (2)    A carrier must not request, require or allow any person to do any of the following and a person must not do any of the following:

 

                (a)    enter inaccurate information in a daily log, whether it is handwritten or produced using an electronic recording device;

 

                (b)    falsify, mutilate or deface a daily log or supporting documents.


Driver Compliance


Monitoring by carriers

37   (1)    A carrier must monitor each of its drivers to ensure the driver complies with these regulations.

 

       (2)    A carrier that determines that a driver who is employed or otherwise engaged by the carrier has not complied with these regulations must take immediate remedial action, issue a notice of non-compliance to the driver and record all of the following:

 

                (a)    the dates the non-compliance occurred;

 

                (b)    the date the notice of non-compliance was issued;

 

                (c)    the remedial action taken.


Out-of-service declarations

38   (1)    The director or an inspector may issue an out-of-service declaration for a driver in any of the following circumstances:

 

                (a)    the driver contravenes clause 5(a) or 5(b);

 

                (b)    the driver fails to comply with any of the driving time or off-duty time requirements

 

                         (i)     in Sections 6 to 19, or

 

                         (ii)    for a special permit;

 

                (c)    the driver is unable or refuses to produce the daily log, supporting documents and any other related relevant records as required by Section 41;

                (d)    there is evidence that shows that the driver has done any of the following in contravention of Section 36:

 

                         (i)     completed more than 1 daily log,

 

                         (ii)    entered inaccurate information in a daily log,

 

                         (iii)   falsified information in a daily log;

 

                (e)    in contravention of Section 36, the driver has mutilated or defaced a daily log or a supporting document in such a way that the director or inspector cannot determine whether the driver has complied with the driving time and off-duty time requirements

 

                         (i)     in Sections 6 to 19, or

 

                         (ii)    for a special permit issued under Section 20, 21 or 22.

 

       (2)    An out-of-service declaration issued under subsection (1) must be issued in writing to both the driver and the carrier who employs or otherwise engages the driver and must include all of the following:

 

                (a)    the reasons the driver has been issued the declaration;

 

                (b)    the length of time the declaration applies, in accordance with subsection (3).

 

       (3)    An out-of-service declaration issued for a driver prohibits the driver from operating a commercial vehicle, including operating a commercial vehicle for personal use, and applies for the following applicable length of time:

 

                (a)    for 10 consecutive hours, if the driver contravenes clause 5(a) or 5(b);

 

                (b)    for 10 consecutive hours, if the driver contravenes Section 6;

 

                (c)    for the number of hours needed to correct the failure, if the driver fails to comply with the off-duty time requirements of any of Sections 6 to 19;

 

                (d)    subject to any further hours required to comply with subsection (4), for 72 consecutive hours, if the driver contravenes Section 36 or 41.

 

       (4)    An out-of-service declaration issued for a driver who contravenes Section 36 or 41 continues to apply beyond the 72 hours specified in clause (3)(d) until the driver makes any necessary changes to correct the daily log and provides the daily log to the director or inspector, and the director or inspector is able to determine whether the driver has complied with these regulations.


False statements to director

39   A person must not knowingly make any false or misleading statements either orally or in writing to the director engaged in carrying out their duties and functions under these regulations.


Inspections


Authority to enter premises for an inspection

40   (1)    During business hours, an inspector may enter a home terminal or principal place of business, other than living quarters, to inspect daily logs, supporting documents and any related relevant records.

 

       (2)    At any time, an inspector may stop and enter a commercial vehicle, except for its sleeper berth, to inspect daily logs and supporting documents.

 

       (3)    At any time, an inspector may stop a commercial vehicle and enter its sleeper berth to verify that the sleeper berth meets the criteria in Schedule 1.


Daily logs and supporting documents produced by driver

41   (1)    At the request of an inspector, a driver must immediately produce all of the following for inspection for the current trip and the previous 14 days:

 

                (a)    daily logs;

 

                (b)    supporting documents and any related relevant records;

 

                (c)    any special permit that the driver has driven under.

 

       (2)    At the request of an inspector, a driver must retrieve the information stored by any electronic recording device installed in a commercial vehicle for each day the device was used.

 

       (3)    At the request of an inspector, a driver must immediately give the inspector a copy of all of the following for the previous 14 days, or the originals of all of the following if it is not possible in the circumstances to make copies:

 

                (a)    daily logs;

 

                (b)    supporting documents and any related relevant records;

 

                (c)    any special permit that the driver has driven under.

 

       (4)    An inspector must provide a receipt in the form set out in Schedule 3 for any information given to the inspector under subsection (3).


Daily logs and supporting documents produced by carrier

42   (1)    At the request of an inspector, a carrier must immediately make all of the following available for inspection during business hours at a place specified by the inspector:

 

                (a)    daily logs;

 

                (b)    supporting documents and any related relevant records;

 

                (c)    any special permit that a driver employed or otherwise engaged by the carrier has been driving under during the period the information is requested for.

 

       (2)    An inspector must do all of the following with any daily logs, supporting documents, related relevant records and special permits received by the inspector under subsection (1):

 

                (a)    immediately return any unexpired special permits and provide the carrier with a receipt in the form set out in Schedule 3 for any expired special permits and other information received by the inspector under subsection (1);

 

                (b)    return all expired special permits and other information received by the inspector under subsection (1) no later than 14 days after the date the inspector received them.


Offences and Penalties


Category B offences

43   Any person who violates clause 34(c) is guilty of an offence and liable on summary conviction to the penalties provided for a category B offence in the Summary Proceedings Act.


Category C offences

44   Any person who violates any of the following provisions of these regulations is guilty of an offence and liable on summary conviction to the penalties provided for a category C offence in the Summary Proceedings Act:

 

                (a)    Section 32;

 

                (b)    subsection 35(1);

 

                (c)    clause 35(2)(a), (b) or (c).


Category D offences

45   Any person who violates any of the following provisions of these regulations is guilty of an offence and liable on summary conviction to the penalties provided for a category D offence in the Summary Proceedings Act:

 

                (a)    clause 5(d);

 

                (b)    subsection [clause] 6(a) or (b):

 

                (c)    clause 7(1)(a) or (b) or subsection 7(2);

 

                (d)    subsection 9(1);

 

                (e)    subsection 12(3);

 

                (f)    subsection 13(3);

 

                (g)    Section 14;

 

                (h)    Section 15;

 

                (i)     Section 16;

 

                (j)     clause 17(a) or (b);

 

                (k)    clause 19(1)(a) or (b);

 

                (l)     clause 22(2)(a) or (b);

 

                (m)   Section 29.


Category E offences

46   Any person who violates any of the following provisions of these regulations is guilty of an offence and liable on summary conviction to the penalties provided for a category E offence in the Summary Proceedings Act:

 

                (a)    clause 25(1)(a), (b), (c) or (d);

 

                (b)    subsection 25(2);

 

                (c)    subsection 31(1);

 

                (d)    clause 34(a), (b) or (d);

 

                (e)    clause 35(3)(a) or (b);

 

                (f)    subsection 41(1), (2) or (3).


Category F offences

47   Any person who violates any of the following provisions of these regulations is guilty of an offence and liable on summary conviction to the penalties provided for a category F offence in the Summary Proceedings Act:

 

                (a)    clause 5(a), (b) or (c);

 

                (b)    subsection 37(1) or (2);

 

                (c)    subsection 42(1).


Category G offences

48   Any person who violates any of the following provisions is guilty of an offence and liable on summary conviction to the penalties provided for a category G offence in the Summary Proceedings Act:

 

                (a)    subsection 36(1) or (2);

 

                (b)    Section 39.



Schedule 1: Criteria for Sleeper Berths


An area of a commercial vehicle is a sleeper berth if it meets all of the following criteria:

 

                (a)    it is designed to be used as sleeping accommodation;

 

                (b)    it is located in the cab of the commercial vehicle or immediately adjacent to the cab and is securely fixed to it;

 

                (c)    it is not located in or on a semi-trailer or a full trailer;

 

                (d)    if it is located in the cargo space, it is securely compartmentalized from the remainder of the cargo space;

                (e)    for a bus,

 

                         (i)     it is located in the passenger compartment,

 

                         (ii)    it is at least 1.9 m in length, 60 cm in width and 60 cm in height,

 

                         (iii)   it is separated from the passenger area by a solid physical barrier that is equipped with a door that can be locked,

 

                         (iv)   it provides privacy for the occupant, and

 

                         (v)    it is equipped with a means to significantly limit the amount of light entering the area;

 

                (f)    for a commercial vehicle other than a bus, it is rectangular in shape with the following minimum dimensions:

 

                         (i)     1.9 m in length, measured on the centre line of the longitudinal axis,

 

                         (ii)    60 cm in width, measured on the centre line of the transverse axis, and

 

                         (iii)   60 cm in height, measured from the sleeping mattress to the highest point of the area;

 

                (g)    it is constructed so that there are no impediments to ready entrance to or exit from the berth;

 

                (h)    there is a direct and readily accessible means of passing from it into the driver’s seat or compartment;

 

                (i)     it is protected against leaks and overheating from the vehicle’s exhaust system;

 

                (j)     it is equipped to provide adequate heating, cooling and ventilation;

 

                (k)    it is reasonably sealed against dust and rain;

 

                (l)     it is equipped with a mattress that is at least 10 cm thick and adequate sheets and blankets so that the occupant can get restful sleep;

 

                (m)   it is equipped with a means of preventing the occupant from being ejected from the berth when the commercial vehicle is decelerating that is designed, installed and maintained to withstand a total force of 2700 kg applied toward the front of the vehicle and parallel to the longitudinal axis of the vehicle.




Schedule 2: Duty Status Information for a Daily Log


Duty Status


 

 

 

name

 

date

Cycle 1 (7 days) ________

OR

Cycle 2 (14 days) __________


(Hour that day begins—use local time at home terminal)



 


0


1


2


3


4


5


6


7


8


9


10


11


12


13


14


15


16


17


18


19


20


21


22


23


24

Total Hours

1. Off-duty time other than time spent in a sleeper berth

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. Off-duty time spent in a sleeper berth

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3. Driving time

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4. On-duty time other than driving time

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


0


1


2


3


4


5


6


7


8


9


10


11


12


13


14


15


16


17


18


19


20


21


22


23


24

 


Remarks ___________________________________________________________________________________

___________________________________________________________________________________


Total distance driven ____________________________


                                                                                                 _________________________________

                                                                                                                                                 Signature



Instructions for Recording Duty Status


Filling out grid

Fill out the grid as follows:

 

        (1)     for each duty status,

                          mark the beginning time and the end time

                          draw a continuous line between the time markers

        (2)     in the last column on the right of the grid, enter the total number of hours of each period of duty status (total of all periods must be 24 hours)


Change in duty status remarks

For each change in duty status, record the following in the Remarks section:

 

                the name of the municipality where the change occurred

OR

                the location on a highway or in a community and the name of the province or state where the change occurred



Schedule 3: Inspector’s Receipt

(subsection 41(4) and subsection 42(2) of the Commercial Vehicle Drivers’

Hours of Service Regulations)

 

I, ________________________, an inspector under Section 6 of the Motor Vehicle Act, acknowledge that the following daily logs, supporting documents and other records were provided by


(name of person)

 

at     (number, street, municipality, location, province of carrier)

 

on    (day, month, year)

 

namely:     (description of daily logs, supporting documents and records received)



 

(municipality, location)on     (day, month, year)


__________________________

Inspector’s signature