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

Regulations are current to 2012-05-14 and last amended on 2009-11-28. Previous Versions

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.

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.