Commercial Vehicle Drivers Hours of Service Regulations (SOR/2005-313)

Regulations are current to 2017-04-12 and last amended on 2009-11-28. Previous Versions

Commercial Vehicle Drivers Hours of Service Regulations

SOR/2005-313

MOTOR VEHICLE TRANSPORT ACT

Registration 2005-10-25

Commercial Vehicle Drivers Hours of Service Regulations

P.C. 2005-1816 2005-10-25

Whereas, pursuant to subsection 3(1) of the Motor Vehicle Transport Act, 1987Footnote a, the Minister of Transport has consulted with the government of each province affected by the annexed Regulations;

Whereas, pursuant to subsection 3(1) of that Act, a copy of the proposed Commercial Vehicle Drivers Hours of Service Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on February 15, 2003, and a reasonable opportunity was afforded to interested persons to make representations to the Minister of Transport with respect to it;

And whereas the Motor Vehicle Transport Act, 1987Footnote a was amended by An Act to Amend the Motor Vehicle Transport Act, 1987 and Other Acts as a Consequence ThereofFootnote b;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 16.1 of the Motor Vehicle Transport ActFootnote b, hereby makes the annexed Commercial Vehicle Drivers Hours of Service Regulations.

Interpretation

 The following definitions apply in these Regulations.

adverse driving conditions

adverse driving conditions means snow, sleet, fog or other adverse weather or road conditions that were not known to a driver or a motor carrier dispatching a driver immediately before the driver began driving or could not reasonably have been known to them. (mauvaises conditions de circulation)

co-driver

co-driver means a person who is present in a commercial vehicle because of having been, or being about to be, its driver. (coconducteur)

commercial vehicle

commercial vehicle means a vehicle that

  • (a) is operated by a motor carrier and propelled otherwise than by muscular power; and

  • (b) is a truck, tractor, trailer or any combination of them that has a gross vehicle weight in excess of 4 500 kg or a bus that is designed and constructed to have a designated seating capacity of more than 10 persons, including the driver. (véhicule utilitaire)

cycle

cycle means

  • (a) cycle 1, under which on-duty time is accumulated over a period of 7 days; and

  • (b) cycle 2, under which on-duty time is accumulated over a period of 14 days. (cycle)

daily log

daily log means a record in the form set out in Schedule 2 containing the information required by section 82. (fiche journalière)

day

day, in respect of a driver, means a 24-hour period that begins at the hour designated by the motor carrier for the duration of the driver’s cycle. (jour ou journée)

director

director means a federal director or a provincial director. (directeur)

driver

driver

  • (a) means a person who operates a commercial vehicle;

  • (b) means, in respect of a motor carrier, a person employed or otherwise engaged by the motor carrier to operate a commercial vehicle, including a self-employed driver; and

  • (c) for the purposes of section 98, includes a co-driver. (conducteur)

duty status

duty status means any of the following periods:

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

  • (b) off-duty time spent in a sleeper berth;

  • (c) driving time; or

  • (d) on-duty time, other than driving time. (activité)

electronic recording device

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 83, each period of duty status, in whole or in part. (enregistreur électronique)

emergency vehicle

emergency vehicle means a fire-fighting vehicle, ambulance, police vehicle or other vehicle that is used for emergency purposes. (véhicule de secours)

federal director

federal director means an official of the Road Safety and Motor Vehicle Regulation Directorate of the federal Department of Transport. (directeur fédéral)

home terminal

home terminal means the place of business of a motor carrier at which a driver ordinarily reports for work and, for the purposes of sections 80 to 82 and Schedule 2, includes a temporary work site designated by the motor carrier. (gare d’attache)

inspector

inspector means

  • (a) a person designated under subsection 3(2); or

  • (b) a peace officer within the meaning of section 2 of the Criminal Code. (inspecteur)

motor carrier

motor carrier means a person who is engaged in the operation of an extra-provincial bus undertaking or an extra-provincial truck undertaking. (transporteur routier)

off-duty time

off-duty time means any period other than on-duty time. (heures de repos)

oil well service vehicle

oil well service vehicle means a commercial vehicle that is

  • (a) specially constructed, altered or equipped to accommodate a specific service requirement associated with the oil or natural gas industry; and

  • (b) 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. (véhicule de service de puits de pétrole)

on-duty time

on-duty time means the period that begins when a driver begins work or is required by the motor carrier to be available to work, except where the driver is waiting to be assigned to work, and ends when the driver stops work or is relieved of responsibility by the motor carrier, and includes driving time and time spent by the driver

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

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

  • (c) participating in the loading or unloading of a commercial vehicle;

  • (d) inspecting or checking the load of a commercial vehicle;

  • (e) waiting for a commercial vehicle to be serviced, loaded, unloaded or dispatched;

  • (f) waiting for a commercial vehicle or its load to be inspected;

  • (g) waiting at an en-route point because of an accident or other unplanned occurrence or situation;

  • (h) resting in or occupying a commercial vehicle for any other purpose, except

    • (i) time counted as off-duty time in accordance with section 10,

    • (ii) time spent in a sleeper berth,

    • (iii) time spent in a stationary commercial vehicle to satisfy the requirements of sections 13 and 14, and

    • (iv) time spent in a stationary commercial vehicle that is in addition to the off-duty requirements of section 14; and

  • (i) performing any work for any motor carrier. (heures de service)

out-of-service declaration

out-of-service declaration means a declaration issued by a director or inspector under section 91. (déclaration de mise hors service)

principal place of business

principal place of business means the place or places designated by the motor carrier where daily logs, supporting documents and other relevant records required by these Regulations are kept. (établissement principal)

sleeper berth

sleeper berth means an area of a commercial vehicle that meets the requirements of Schedule 1. (couchette)

supporting document

supporting document means a document or information recorded or stored by any means required by a director or inspector to assess compliance with these Regulations. (document justificatif)

Application

  •  (1) These Regulations apply to all commercial vehicles other than the following:

    • (a) a two or three-axle commercial vehicle being used for

      • (i) transporting the primary products of a farm, forest, sea or lake, if the driver or the motor carrier is the producer of the products, or

      • (ii) a return trip after transporting the primary products of a farm, forest, sea or lake, if the vehicle is empty or is transporting products used in the principal operation of a farm, forest, sea or lake;

    • (b) an emergency vehicle;

    • (c) a vehicle engaged in providing relief in the case of a public welfare emergency, as that expression is defined in section 5 of the Emergencies Act; and

    • (d) [Repealed, SOR/2009-157, s. 1]

    • (e) a commercial vehicle when driven for personal use, if

      • (i) the vehicle has been unloaded,

      • (ii) any trailers have been unhitched,

      • (iii) the distance travelled does not exceed 75 km in a day,

      • (iv) the driver has recorded in the logbook the odometer reading at the beginning and end of the personal use, and

      • (v) the driver is not the subject of an out-of-service declaration under section 91.

  • (2) In this section, the expression “commercial vehicle when driven for personal use” excludes use, by the driver, of the vehicle in the course of business as a motor carrier.

  • SOR/2009-157, s. 1.
 
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