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

Regulations are current to 2017-03-20 and last amended on 2009-11-28. Previous Versions

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.

[55 to 60 reserved]

Permits

Special Permits

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

  • (2) Sections 12 to 54 and 76 to 99 do not apply in respect of special permits, but sections 64 to 68 apply with such modifications as the circumstances require.

  • (3) The applicant shall provide to the federal director a detailed work plan that includes at least the following information:

    • (a) the nature of the proposed research or pilot project;

    • (b) the objectives of the proposed research or pilot project;

    • (c) the competence of the applicant to participate in the proposed research or pilot 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 proposed research or pilot project; and

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

Permits for Commercial Vehicles Other than Oil Well Service Vehicles

  •  (1) A provincial director may issue a permit to a motor carrier in respect of a commercial vehicle other than an oil well service vehicle if

    • (a) the safety and health of the public, the driver or the employees of the motor carrier are not or are unlikely to be jeopardized; and

    • (b) a reduction of off-duty time or an increase in driving time is required

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

      • (ii) to allow the delivery of perishable goods, or

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

  • (2) The only deviations from the requirements of these Regulations that may be authorised in the permit are

    • (a) a reduction of the 2 hours of daily off-duty time required by subsection 14(3) if the commercial vehicle is operated south of latitude 60°N; and

    • (b) an increase in driving time and on-duty time of up to a total of 2 hours.

Oil Well Service Vehicle Permits

  •  (1) A provincial director may issue a permit to a motor carrier in respect of an oil well service vehicle if

    • (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; and

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

  • (2) Sections 24 to 29 and 49 to 54 do not apply in respect of an oil well service vehicle permit, but instead the permit shall require that the driver take

    • (a) at least 3 periods of off-duty time, each at least 24 hours long, in any period of 24 days, the periods being taken consecutively or separated by on-duty time; and

    • (b) at least 72 consecutive hours of off-duty time after ending driving under the provisions of the permit and beginning driving under those sections.

  • (3) When the driver begins to drive again under sections 24 to 29 or 49 to 54, they begin to accumulate hours in the cycle.

  • (4) Waiting time and standby time at an oil or natural gas well site or ancillary facility shall not be included as on-duty time if

    • (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; and

    • (c) the time is not included in the mandatory minimum of 8 consecutive hours of off-duty time.

  • (5) None of the daily off-duty time shall be deferred to the next day.

Applications for Permits

  •  (1) A motor carrier may apply to a director for a permit by providing the following information and documents:

    • (a) the name of the motor carrier;

    • (b) the names of the drivers who will operate a commercial vehicle under the permit;

    • (c) the driver licence numbers of the drivers and the provinces of issuance;

    • (d) a list of the commercial vehicles operated by the motor carrier;

    • (e) a list of all accidents involving the motor carrier or any driver of the motor carrier that occurred during the 6 months before the date of the application if they are required by the laws of the province, state or country in which the accident occurred to be reported to the police;

    • (f) the requested duration of the permit;

    • (g) in the case of an extra-provincial truck undertaking, a detailed description of the load and the provinces in respect of which the permit is to apply;

    • (h) in the case of an extra-provincial bus undertaking, a detailed description of the routes in respect of which the permit is to apply;

    • (i) the requested schedule;

    • (j) the reasons for the application, with supporting evidence;

    • (k) a copy of every permit issued to the motor carrier under these Regulations in the previous 5 years;

    • (l) a signed declaration that discloses any other application for a permit under these Regulations made by the motor carrier to any director within the 6 months before the date of the application; and

    • (m) any other information required by the director to evaluate whether the granting of a permit would or would be likely to jeopardize the safety or health of the public, the driver or the employees of the motor carrier.

  • (2) If requested by the director to do so, the motor carrier shall make available to the director the daily logs, supporting documents or records of on-duty times, for the 6 months before the date of the application, of every driver who will operate a commercial vehicle of the motor carrier under the permit.

Approval of Other Directors

  •  (1) Before issuing a permit, a director shall obtain the written approval of the provincial directors of the provinces in which the commercial vehicle will be driven under the permit.

  • (2) A provincial director from whom approval is sought shall

    • (a) respond to the request for approval within 30 days after receiving it; and

    • (b) give their approval if they have no reason to believe that the safety or health of the public, the driver or the employees of the motor carrier would be or would be likely to be jeopardized by the granting of the permit.

Issuance of Permits

 A director who issues a permit shall specify in the permit

  • (a) the reasons for issuing it;

  • (b) its duration, which shall not exceed one year; and

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

Obligations of Permit Holders

  •  (1) A motor carrier to whom a permit is issued shall

    • (a) require that a copy of the permit is placed in each commercial vehicle in respect of which it applies;

    • (b) provide the director with a list of the commercial vehicles in respect of which the permit applies and keep the director informed of any changes so that the director may accurately and quickly identify the vehicles;

    • (c) make available for inspection by the director, immediately on request, the daily log and the supporting documents of the drivers of the commercial vehicles in respect of which the permit applies; and

    • (d) notify the director without delay of any accident involving any of the commercial vehicles to which the permit applies if it is required by the laws of the province, state or country in which the accident occurred to be reported to the police.

  • (2) Every driver who is driving under a permit shall drive and the motor carrier shall ensure that they drive in accordance with the terms and conditions of the permit.

 
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