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

Regulations are current to 2017-11-20 and last amended on 2009-11-28. Previous Versions

[20 to 23 reserved]

Cycles

 A motor carrier shall require that a driver follows and the driver shall follow either cycle 1 or cycle 2.

 Subject to section 28, no motor carrier shall request, require or allow a driver to drive and no driver shall drive unless the driver has taken at least 24 consecutive hours of off-duty time in the preceding 14 days.

 Subject to section 28, no motor carrier shall request, require or allow a driver who is following cycle 1 to drive and no driver who is following cycle 1 shall drive after the driver has accumulated 70 hours of on-duty time during any period of 7 days or, if the driver has reset the cycle in accordance with section 28, during the period of the cycle that was ended.

 Subject to section 28, no motor carrier shall request, require or allow a driver who is following cycle 2 to drive and no driver who is following cycle 2 shall drive after the driver has accumulated

  • (a) 120 hours of on-duty time during any period of 14 days or, if the driver has reset the cycle in accordance with section 28, during the period of the cycle that was ended; or

  • (b) 70 hours of on-duty time without having taken at least 24 consecutive hours of off-duty time.

Cycle Reset — Off-duty Time

  •  (1) A driver may end the current cycle and begin a new cycle if the driver first takes the following off-duty time:

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

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

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

Cycle Switching — Off-duty Time

  •  (1) No motor carrier shall request, require or allow a driver to switch and no driver shall switch from one cycle to the other without first taking the following off-duty time before beginning to drive again:

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

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

  • (2) After taking the off-duty time, the driver begins the other cycle, the accumulated hours are set back to zero and the driver’s hours begin to accumulate again.

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Scheduling — Driving North of Latitude 60°N

Application

 Sections 38 to 54 apply in respect of driving north of latitude 60°N.

Driving and On-duty Time

  •  (1) No motor carrier shall request, require or allow a driver to drive and no driver shall drive after the driver has accumulated 15 hours of driving time.

  • (2) No motor carrier shall request, require or allow a driver to drive and no driver shall drive after the driver has accumulated 18 hours of on-duty time.

Mandatory Off-duty Time

  •  (1) No motor carrier shall request, require or allow a driver to drive and no driver shall drive after the driver has accumulated more than 15 hours of driving time or 18 hours of on-duty time unless they take 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 if more than 20 hours of time has 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.

Daily Off-duty Time

 A motor carrier shall ensure that a driver takes and the driver shall take at least 8 hours of off-duty time.

Splitting of Daily Off-duty Time — Single Driver

  •  (1) A driver who is driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off-duty time and daily off-duty time requirements of sections 39 and 40 by accumulating off-duty time in no more than 2 periods if

    • (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 8 hours;

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

    • (d) the total of the driving time in the periods immediately before and after each of the periods of off-duty time does not exceed 15 hours;

    • (e) 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 18th hour after the driver comes on duty, calculated in accordance with subsection (2); and

    • (f) none of the daily off-duty time is deferred to the next day.

  • (2) The 18th 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 8 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 the driver to begin to drive again in accordance with the requirements of sections 39 and 40 and no driver shall begin to drive again without first taking at least 8 consecutive hours of off-duty time.

Splitting of Daily Off-duty Time — Team of Drivers

  •  (1) A team of drivers driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off-duty time and daily off-duty time requirements of sections 39 and 40 by accumulating off-duty time in no more than 2 periods if

    • (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) the total of the driving time in the periods immediately before and after each of the periods of off-duty time does not exceed 15 hours;

    • (e) 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 18th hour after the driver comes on duty, calculated in accordance with subsection (2); and

    • (f) none of the off-duty time is deferred to the next day.

  • (2) The 18th hour is calculated by

    • (a) excluding any period spent in the sleeper berth that is 4 hours or more in duration and that, when added to a subsequent period in the sleeper berth, totals at least 8 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 4 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 the driver to begin to drive again in accordance with the requirements of sections 39 and 40 and no driver shall begin to drive again without first taking at least 8 consecutive hours of off-duty time.

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Cycles

 A motor carrier shall require that a driver follows and the driver shall follow either cycle 1 or cycle 2.

 Subject to section 53, no motor carrier shall request, require or allow a driver to drive and no driver shall drive unless the driver has taken at least 24 consecutive hours of off-duty time in the preceding 14 days.

 Subject to section 53, no motor carrier shall request, require or allow a driver who is following cycle 1 to drive and no driver who is following cycle 1 shall drive after the driver has accumulated 80 hours of on-duty time during any period of 7 days.

 Subject to section 53, no motor carrier shall request, require or allow a driver who is following cycle 2 to drive and no driver who is following cycle 2 shall drive after the driver has accumulated

  • (a) 120 hours of on-duty time in any period of 14 days; or

  • (b) 80 hours of on-duty time, without having taken at least 24 consecutive hours of off-duty time.

Cycle Reset — Off-duty Time

  •  (1) A driver may end the current cycle and begin a new cycle if they first take the following off-duty time:

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

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

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

 
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