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

Amendment, Cancellation and Suspension of Permits

  •  (1) A director who issues a permit may amend, cancel or suspend it, and a director who approves a permit issued by another director may withdraw the approval, on written notification to the motor carrier, if

    • (a) the motor carrier or the driver contravenes these Regulations or any condition of the permit; or

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

  • (2) The director shall choose among amendment, cancellation and suspension of the permit

    • (a) if the director is a provincial director, in accordance with the laws of the province; and

    • (b) if the director is the federal director, in accordance with the laws of the province in which the vehicle is base-plated.

  • (3) When a director withdraws approval for a permit issued by another director, the director who issued the permit shall amend it to remove the authority for a commercial vehicle to be operated under the permit in the province in respect of which approval is withdrawn.

[69 to 75 reserved]

Emergencies and Adverse Driving Conditions

  •  (1) The requirements of these Regulations in respect of driving time, on-duty time and off-duty time do not apply to a driver who, in an emergency, requires more driving time to reach a destination that provides safety for the occupants of the commercial vehicle and for other users of the road or the security of the commercial vehicle and its load.

  • (2) A driver who encounters adverse driving conditions while operating the vehicle during a trip south of latitude 60°N may extend the permitted 13 hours of driving time specified in sections 12 and 13 and reduce the 2 hours of daily off-duty time required by subsection 14(3) by the amount of time needed to complete the trip if

    • (a) the driving, on-duty and elapsed time in the elected cycle is not extended more than 2 hours;

    • (b) the driver still takes the required 8 consecutive hours of off-duty time; and

    • (c) the trip could have been completed under normal driving conditions without the reduction.

  • (3) A driver who encounters adverse driving conditions while operating the vehicle during a trip north of latitude 60°N may extend the permitted 15 hours of driving time specified in section 38 by the amount of time needed to complete the trip if

    • (a) the extension of the driving time is no more than 2 hours;

    • (b) the driver still takes the required 8 consecutive hours of off-duty time; and

    • (c) the trip could have been completed under normal driving conditions without the extension.

  • (4) A driver who extends their driving, on-duty or elapsed time because of an emergency or adverse driving conditions shall record the reason for doing so in the “Remarks” section of the daily log.

[77 to 79 reserved]

Daily Logs

Interpretation

 A requirement that a driver record time in a daily log is a requirement to record the time using the local time at the driver’s home terminal.

Requirement to Fill Out a Daily Log

  •  (1) A motor carrier shall require every driver to fill out and every driver shall 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) This section does not apply if

    • (a) the driver operates or is instructed by the motor carrier to operate 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 driver’s duty status and elected cycle, the hour at which each duty status begins and ends and the total number of hours spent in each status and keeps those records for a minimum period of 6 months after the day on which they were recorded; and

    • (d) the driver is not driving under a permit issued under these Regulations.

Content of Daily Logs

  •  (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 the daily log:

    • (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 the provisions of an oil well service 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 operated by the driver;

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

    • (f) in the “Remarks” section of the daily log, if the motor carrier or driver was not required to keep a daily log 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 “Remarks” section of the daily log 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 daily log the hours in each duty status during the day covered by the daily log, in accordance with Schedule 2, and the location of the driver each time their duty status changes, as that information becomes known.

  • (3) At the end of each day, the motor carrier shall require that the driver records and the driver shall record 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 sign the daily log attesting to the accuracy of the information recorded in it.

Use of Electronic Recording Devices

 A driver may use an electronic recording device for recording their duty status if

  • (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) when requested to do so by a director or an inspector, the driver can immediately provide the information for the previous 14 days by producing it on a digital display screen of the electronic recording device or in handwritten form or on a print-out or any other intelligible output, or any combination of these;

  • (c) the device is capable of displaying

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

    • (ii) the total on-duty time remaining and the total on-duty time accumulated in the cycle being followed by the driver, and

    • (iii) the sequential changes in duty status and the time at which each change occurred for each day on which the device is used;

  • (d) the driver is capable, if so requested by an inspector, of preparing a handwritten daily log from the information stored in the device for each day on which the device is used;

  • (e) the device automatically records when it is disconnected and reconnected and keeps a record of the time and date of these occurrences;

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

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

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

Possession of Daily Logs and Supporting Documents by Drivers

 No driver who is required to fill out a daily log 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 daily logs for the preceding 14 days and, in the case of a driver driving under an oil well service permit, for each of the required 3 periods of 24 consecutive hours of off-duty time in any period of 24 days;

  • (b) the daily log 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 or other relevant records that the driver received in the course of the current trip.

Distribution and Keeping of Daily Logs

  •  (1) A driver shall, within 20 days after completing a daily log, forward the original daily log and supporting documents to the home terminal and the motor carrier shall ensure that the driver does so.

  • (2) A driver who is employed or otherwise engaged by more than one motor carrier in any day shall forward, within 20 days after completing a daily log, and the motor carriers shall ensure that the driver forwards

    • (a) the original of the daily log to the home terminal of the first motor carrier for which the driver worked and a copy of it to the home terminal of each other carrier for which the driver worked; and

    • (b) the original supporting documents to the home terminal of the applicable motor carrier.

  • (3) The motor carrier shall

    • (a) deposit the daily logs and supporting documents at its principal place of business within 30 days after receiving them; and

    • (b) keep the daily logs and supporting documents in chronological order for each driver for a period of at least 6 months.

 
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