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

Malfunction

• 78 (1) A motor carrier shall ensure that any ELD that is installed or used in a commercial vehicle that it operates is in good working order and is calibrated and maintained in accordance with the manufacturer’s or seller’s specifications.

• (2) If a driver of a commercial vehicle becomes aware of the fact that the ELD is displaying a malfunction or data diagnostic code set out in Table 4 of Schedule 2 of the Technical Standard, the driver shall notify the motor carrier that is operating the commercial vehicle as soon as the vehicle is parked.

• (3) The driver shall record, in the record of duty status on the day on which he or she noticed the malfunction or data diagnostic code, the following information:

  • (a) the malfunction or data diagnostic code as set out in Table 4 of Schedule 2 of the Technical Standard;

  • (b) the date and time when the malfunction or data diagnostic code was noticed; and

  • (c) the time when notification of the malfunction or data diagnostic code was transmitted to the motor carrier.

• (4) The driver shall record the code referred to in paragraph (3)(a) in each record of duty status following the day on which the code was noticed, until the ELD is repaired or replaced.

• (5) A motor carrier shall, within 14 days after the day on which it was notified of an ELD malfunction or data diagnostic code by the driver or otherwise became aware of it, or at the latest, upon return of the driver to the home terminal from a planned trip if that return exceeds the 14-day period, repair or replace the ELD.

• (6) The motor carrier shall maintain a register of ELD malfunction or data diagnostic codes for ELDs installed or used in commercial vehicles that it operates for which a malfunction was noticed, and that register shall contain the following information:

  • (a) the name of the driver who noticed the malfunction or data diagnostic code;

  • (b) the name of each driver that used the commercial vehicle following the discovery of the malfunction or data diagnostic code until the ELD was repaired or replaced;

  • (c) the make, model and serial number of the ELD;

  • (d) the licence plate of the commercial vehicle in which the ELD is installed or used, or the Vehicle Identification Number;

  • (e) the date when the malfunction or data diagnostic code was noticed and the location of the commercial vehicle on that date, as well as the date when the motor carrier was notified or otherwise became aware of the code;

  • (f) the date the ELD was replaced or repaired; and

  • (g) a concise description of the actions taken by the motor carrier to repair or replace the ELD.

• (7) The motor carrier shall retain the information set out in subsection (6) for each ELD for which a malfunction was noticed for a period of 6 months from the day on which the ELD is replaced or repaired.

Accounts

78.1 A motor carrier shall create and maintain a system of accounts for ELDs that is in compliance with the Technical Standard and that

• (a) allows each driver to record their record of duty status in a distinct and personal account; and

• (b) provides for a distinct account for the driving time of an unidentified driver.

Certification of Record of Duty Status

78.2 A driver shall, immediately after recording the last entry for a day, certify the accuracy of their record of duty status.

Verification of Records of Duty Status

• 78.3 (1) A motor carrier shall verify the accuracy of the certified records of duty status that are forwarded by the driver according to the supporting documents provided and shall require from the driver those changes necessary to ensure the accuracy of the records.

• (2) The driver shall either accept or reject the changes required by the motor carrier, make the necessary changes and recertify the accuracy of their record of duty status and forward the amended records of duty status to the motor carrier.

Accreditation of ELD Certification Bodies

79 Any person or body that wishes to be accredited as a certification body for the purpose of certifying an ELD model as meeting the requirements set out in the Technical Standard and these Regulations must apply for the accreditation, in writing, to the Minister and must undergo an assessment to verify

• (a) their compliance with the International Organization for Standardization standard ISO/IEC 17065, entitled Conformity assessment — Requirements for bodies certifying products, processes and services, as amended from time to time;

• (b) their knowledge with respect to the certification of ELDs in accordance with the Technical Standard; and

• (c) the validity of their testing methodology and the validity of the results of that methodology.

• 79.1 (1) If the Minister is satisfied that the applicant meets the requirements of paragraphs 79(a) to (c), he or she must accredit the applicant, provide them with an accreditation number and notify them in writing of the period of validity referred to in subsection (2).

• (2) The accreditation of a certification body is valid for five years beginning on the day on which the Minister accredits the applicant.

• 79.2 (1) An accredited certification body must assign a certification number to every ELD model that meets the requirements set out in the Technical Standard and these Regulations.

• (2) An accredited certification body must, within seven days after certifying an ELD model, provide the Minister with the following information about that ELD model:

  • (a) the model name;

  • (b) the model number;

  • (c) the model’s software version;

  • (d) the name of the model manufacturer;

  • (e) the email address of the contact person for the model manufacturer; and

  • (f) the certification number that was assigned to the model.

• 79.3 (1) Subject to subsection (2), the Minister must suspend the accreditation of a certification body if it does not meet any of the requirements of paragraphs 79(a) to (c) or of section 79.2.

• (2) The Minister must not suspend an accreditation unless the certification body

  • (a) was provided with a written report that sets out the grounds for the suspension and the period within which remedial actions must be taken in order to avoid the suspension; and

  • (b) has failed to take corrective actions within that period or, if the Minister granted an extension at the written request of the certification body, within any later period specified by the Minister.

• (3) The Minister may grant an extension of the period in which corrective actions must be taken only once.

• (4) The Minister must notify the certification body in writing of the suspension and the date on which it takes effect.

• (5) The certification body must provide the Minister, within 15 days after the day on which the suspension takes effect, with a list of pending applications for certification.

• (6) The suspension of an accreditation must be lifted if the Minister determines that corrective actions have been taken.

• 79.4 (1) The Minister must cancel an accreditation if the certification body

  • (a) fails to take corrective actions within 30 days after the day on which the accreditation was suspended;

  • (b) made a false or misleading statement to the Minister — or provided the Minister with false or misleading information — in respect of the application made under section 79 or at any time during the period of validity of the accreditation; or

  • (c) continues, while their accreditation is suspended, to accept applications or make decisions respecting certification.

• (2) The Minister must not cancel an accreditation unless the certification body was notified in writing of the grounds for the cancellation and was provided with an opportunity to be heard in respect of the cancellation.

• (3) The Minister must notify the certification body in writing of the cancellation and the date on which it takes effect.

Other Records of Duty Status

Interpretation

80 A requirement that a driver record time in a record of duty status is a requirement to record the time using the local time at the driver’s home terminal.

Requirement to Fill Out a Record of Duty Status

• 81 (1) A motor carrier shall require every driver to fill out, and every driver shall fill out a record of duty status each day that accounts for all of the driver’s on-duty time and off-duty time for that day if

  • (a) the driver is driving a commercial vehicle as set out in paragraphs 77(1)(a) to (d); or

  • (b) the ELD is displaying a malfunction or data diagnostic code set out in Table 4 of Schedule 2 of the Technical Standard.

• (2) This section does not apply if

  • (a) the driver drives, or is instructed by the motor carrier to drive, a commercial vehicle within a radius of 160 km of the home terminal;

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

  • (c) the motor carrier maintains accurate and legible records showing, for each day, the cycle the driver followed and on-duty times and keeps those records and the supporting documents relating to those records for a minimum period of 6 months after the day on which each record was recorded; and

  • (d) the driver is not driving a commercial vehicle under a permit issued under these Regulations or is driving under an exemption issued under the Act.

Content of Records of Duty Status

• 82 (1) At the beginning of each day, a motor carrier shall require that a driver enters legibly, and the driver shall enter legibly, the following information in a record of duty status, using the grid in the form as set out in Schedule 2:

  • (a) the date, the start time if different than midnight, the name of the driver and, if the driver is a member of a team of drivers, the names of the co-drivers;

  • (b) in the case of a driver who is not driving under an oil well service vehicle permit, the cycle that the driver is following;

  • (c) the commercial vehicle licence plates or unit numbers;

  • (d) the odometer reading of each of the commercial vehicles driven by the driver;

  • (e) the names and addresses of the home terminal and the principal place of business of every motor carrier by which the driver will be employed or otherwise engaged during that day; and

  • (f) if the driver was not required to keep a record of duty status immediately before the beginning of the day, the number of hours of off-duty time and on-duty time that were accumulated by the driver each day during the 14 days immediately before the beginning of the day; and

  • (g) if applicable, a declaration in the record of duty status that states that the driver is deferring off-duty time under section 16 and that clearly indicates whether the driver is driving under day one or day two of that time.

• (2) The motor carrier shall require that the driver records, and the driver shall record, in the record of duty status, using the grid set out in Schedule 2, the following information as it becomes known:

  • (a) the beginning time and ending time for each duty status by drawing a continuous line between the time markers;

  • (b) the name of the municipality or legal subdivision and the name of the province or state where a change in duty status occurs or, if the change in duty status occurs at a location other than a municipality or legal subdivision, one of the following:

    • (i) the highway number and the nearest kilometre marker as well as the name of the nearest municipality or legal subdivision,

    • (ii) the highway number and the nearest service plaza as well as the name of the nearest municipality or legal subdivision, or

    • (iii) the numbers of the highways that meet at the nearest intersection as well as the name of the nearest municipality or legal subdivision; and

  • (c) the total number of hours of each period of duty status, which total must equal 24 hours.

• (3) For greater certainty, nothing in subsection (2) prevents the driver from changing the hours at the top of the grid in order to reflect a different start time.

• (4) The driver shall record in the record of duty status, as this information becomes known, the names and addresses of any other motor carriers by which they have been employed or otherwise engaged during the day.

• (5) If a driver is engaged in making deliveries in a municipality that results in a number of periods of driving time being interrupted by a number of short periods of other on-duty time, the periods of driving time may be combined and the periods of other on-duty time may be combined on the grid.

• (6) A motor carrier shall require that the driver records at the end of each day, and the driver shall record at the end of each day, on the grid, the total hours for each duty status and the total distance driven by the driver that day, excluding the distance driven in respect of the driver’s personal use of the vehicle, as well as the odometer reading at the end of the day and the driver shall sign the record of duty status certifying the accuracy of the information recorded in it.

83 [Repealed, SOR/2019-165, s. 29]

Possession, Distribution and Keeping of Records of Duty Status

Possession of Records of Duty Status and Supporting Documents by Drivers

84 No driver who is required to fill out a record of duty status shall drive and no motor carrier shall request, require or allow the driver to drive unless the driver has in their possession

• (a) a copy of the records of duty status for the preceding 14 days and, in the case of a driver driving under an oil well service vehicle permit, for each of the required 3 periods of 24 consecutive hours of off-duty time in any period of 24 days;

• (b) the record of duty status for the current day, completed up to the time at which the last change in the driver’s duty status occurred; and

• (c) any supporting documents that the driver received in the course of the current trip.