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

Regulations are current to 2017-07-03 and last amended on 2009-11-28. Previous Versions

Tampering

  •  (1) No motor carrier shall request, require or allow a driver to keep and no driver shall keep more than one daily log in respect of any day.

  • (2) No motor carrier shall request, require or allow any person to enter and no person shall enter inaccurate information in a daily log, whether it is handwritten or produced using an electronic recording device, or falsify, mutilate or deface a daily log or supporting documents.

Monitoring by Motor Carriers

  •  (1) A motor carrier shall monitor the compliance of each driver with these Regulations.

  • (2) A motor carrier that determines that there has been non-compliance with these Regulations shall take immediate remedial action and record the dates on which the non-compliance occurred, the date of issuance of a notice of non-compliance and the action taken.

[88 to 90 reserved]

Out-of-service Declarations

  •  (1) A director or an inspector may issue an out-of-service declaration in respect of a driver if

    • (a) the driver contravenes paragraph 4(a) or (b);

    • (b) the driver fails to comply with any of the driving time or off-duty time requirements of sections 12 to 29, sections 38 to 54 or a permit;

    • (c) the driver is unable or refuses to produce their daily log book in accordance with section 98;

    • (d) there is evidence that shows that the driver has completed more than one daily log, has entered inaccurate information in the daily log or has falsified information in the daily log; or

    • (e) the driver has mutilated or defaced a daily log or a supporting document in such a way that the director or inspector cannot determine whether the driver has complied with the driving time and off-duty time requirements of sections 12 to 29, sections 38 to 54 or a permit.

  • (2) The director or inspector shall notify the driver and the motor carrier in writing of the reason that the driver has been made the subject of an out-of-service declaration and the period during which it applies.

  • (3) An out-of-service declaration applies

    • (a) for 10 consecutive hours, if the driver contravenes paragraph 4(a) or (b);

    • (b) for 10 consecutive hours, if the driver contravenes section 12 or 38;

    • (c) for the number of hours needed to correct the failure, if the driver fails to comply with the off-duty time requirements of any of sections 12 to 29 or 38 to 54; and

    • (d) for 72 consecutive hours, if the driver contravenes section 86 or 98.

  • (4) The out-of-service declaration in respect of a driver who contravenes section 86 or 98 continues to apply beyond the 72 hours until the driver rectifies the daily log, if applicable, and provides it to the director or inspector so that the director or inspector is able to determine whether the driver has complied with these Regulations.

[92 to 95 reserved]

Inspections

Proof of Authority

 An inspector shall, at all times during the exercise of their functions, produce on request proof of their designation and title.

Authority to Enter Premises for an Inspection

  •  (1) An inspector may, during business hours, enter a motor carrier’s home terminal or principal place of business, other than living quarters, for the purpose of inspecting the daily logs, supporting documents and other relevant records.

  • (2) An inspector may at any time stop and enter a commercial vehicle, except for its sleeper berth, for the purpose of inspecting the daily logs and supporting documents.

  • (3) An inspector may, at any time, stop a commercial vehicle and enter its sleeper berth for the purpose of verifying that the sleeper berth meets the requirements of Schedule 1.

  • (4) No person shall obstruct or hinder, or knowingly make any false or misleading statements either orally or in writing to, a director or an inspector engaged in carrying out their duties and functions under these Regulations.

Production of Daily Logs and Supporting Documents

  •  (1) At the request of an inspector, a driver shall immediately produce for inspection daily logs, supporting documents and other relevant records for the current trip and the preceding 14 days as well as any permit the driver may be driving under.

  • (2) If an electronic recording device is installed in the commercial vehicle, the driver shall retrieve the information stored by the device for each day that it was used.

  • (3) The driver shall, at the request of an inspector, immediately give the inspector a copy of the daily logs, supporting documents and other relevant records for the preceding 14 days, or the originals if it is not possible in the circumstances to make copies, as well as any permit the driver may be driving under.

  • (4) The inspector shall provide a receipt in the form set out in Schedule 3 for the copy of the daily logs, supporting documents and other relevant records.

  •  (1) A motor carrier shall, during business hours, at the request of an inspector, immediately make available for inspection at a place specified by the inspector daily logs, supporting documents and other relevant records as well as any permit a driver may be driving under or have been driving under during the period for which the inspector makes the request for the documents.

  • (2) The inspector shall

    • (a) immediately return the permit if it is still a current permit and provide a receipt in the form set out in Schedule 3 for any expired permit as well as for the daily logs, supporting documents and other relevant records; and

    • (b) return the expired permits, daily logs, supporting documents and other relevant records within 14 days after receiving them.

Repeal

 [Repeal]

Coming into Force

 These Regulations come into force on January 1, 2007.

 
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