Commercial Vehicle Drivers Hours of Service Regulations
SOR/2005-313
Registration 2005-10-25
Commercial Vehicle Drivers Hours of Service Regulations
P.C. 2005-1816 2005-10-25
Whereas, pursuant to subsection 3(1) of the Motor Vehicle Transport Act, 1987Footnote a, the Minister of Transport has consulted with the government of each province affected by the annexed Regulations;
Return to footnote aR.S., c. 29 (3rd Supp.)
Whereas, pursuant to subsection 3(1) of that Act, a copy of the proposed Commercial Vehicle Drivers Hours of Service Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on February 15, 2003, and a reasonable opportunity was afforded to interested persons to make representations to the Minister of Transport with respect to it;
And whereas the Motor Vehicle Transport Act, 1987Footnote a was amended by An Act to Amend the Motor Vehicle Transport Act, 1987 and Other Acts as a Consequence ThereofFootnote b;
Return to footnote bS.C. 2001, c. 13
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 16.1 of the Motor Vehicle Transport ActFootnote b, hereby makes the annexed Commercial Vehicle Drivers Hours of Service Regulations.
Interpretation
1 The following definitions apply in these Regulations.
- Act
Act means the Motor Vehicle Transport Act. (Loi)
- adverse driving conditions
adverse driving conditions means snow, sleet, fog or other adverse weather or road conditions that were not known to a driver or a motor carrier dispatching a driver immediately before the driver began driving or could not reasonably have been known to them. (mauvaises conditions de circulation)
- co-driver
co-driver means a person who is present in a commercial vehicle because of having been, or being about to be, its driver. (coconducteur)
- commercial vehicle
commercial vehicle means a vehicle that
(a) is operated by a motor carrier and propelled otherwise than by muscular power; and
(b) is a truck, tractor, trailer or any combination of them that has a registered gross vehicle weight in excess of 4 500 kg or a bus that is designed and constructed to have a designated seating capacity of more than 10 persons, including the driver. (véhicule utilitaire)
- cycle
cycle means
(a) cycle 1, under which on-duty time is accumulated over a period of 7 days; and
(b) cycle 2, under which on-duty time is accumulated over a period of 14 days. (cycle)
- daily log
daily log means a record in the form set out in Schedule 2 containing the information required by section 82. (fiche journalière)
- day
day, in respect of a driver, means a 24-hour period that begins at the hour designated by the motor carrier for the duration of the driver’s cycle. (jour ou journée)
- director
director means a federal director or a provincial director. (directeur)
- driver
driver
(a) means a person who drives a commercial vehicle;
(b) means, in respect of a motor carrier, a person employed or otherwise engaged by the motor carrier to drive a commercial vehicle, including a self-employed driver; and
(c) for the purposes of section 98, includes a co-driver. (conducteur)
- duty status
duty status means any of the following periods:
(a) off-duty time, other than time spent in a sleeper berth;
(b) off-duty time spent in a sleeper berth;
(c) driving time; or
(d) on-duty time, other than driving time. (activité)
- electronic logging device
electronic logging device or ELD means a device or technology that automatically records a driver’s driving time and facilitates the recording of the driver’s record of duty status, and that is certified by an accredited certification body under section 79.1. (dispositif de consignation électronique ou DCE)
- electronic recording device
electronic recording device means an electric, electronic or telematic device that is installed in a commercial vehicle and is capable of accurately recording, in accordance with section 83, each period of duty status, in whole or in part. (enregistreur électronique)
- emergency vehicle
emergency vehicle means a fire-fighting vehicle, ambulance, police vehicle or other vehicle that is used for emergency purposes. (véhicule de secours)
- federal director
federal director means the Chief of the Motor Carriers Division of the Department of Transport. (directeur fédéral)
- home terminal
home terminal means the place of business of a motor carrier at which a driver ordinarily reports for work and, for the purposes of sections 80 to 82 and Schedule 2, includes a temporary work site designated by the motor carrier. (gare d’attache)
- inspector
inspector means
(a) a person designated under subsection 3(2); or
(b) a peace officer within the meaning of section 2 of the Criminal Code. (inspecteur)
- motor carrier
motor carrier means a person who is engaged in the operation of an extra-provincial bus undertaking or an extra-provincial truck undertaking. (transporteur routier)
- off-duty time
off-duty time means any period other than on-duty time. (heures de repos)
- oil well service vehicle
oil well service vehicle means a commercial vehicle that is
(a) specially constructed, altered or equipped to accommodate a specific service requirement associated with the oil or natural gas industry; and
(b) used exclusively in the oil or natural gas industry for transporting equipment or materials to and from oil or natural gas well facilities or for servicing and repairing those facilities. (véhicule de service de puits de pétrole)
- on-duty time
on-duty time means the period that begins when a driver begins work or is required by the motor carrier to be available to work, except if the driver is waiting to be assigned to work, and that ends when the driver stops work or is relieved of responsibility by the motor carrier, and
(a) includes driving time and time spent by the driver
(i) inspecting, servicing, repairing, conditioning, fuelling or starting a commercial vehicle,
(ii) travelling in a commercial vehicle as a co-driver, when the time is not spent in the sleeper berth,
(iii) participating in the loading or unloading of a commercial vehicle,
(iv) inspecting or checking the load of a commercial vehicle,
(v) waiting before and while a commercial vehicle is serviced, loaded, unloaded or dispatched,
(vi) waiting before and while a commercial vehicle or its load is inspected and the driver’s requirements are assessed, and, if relevant, the time spent taking the required remedial actions,
(vii) waiting at an en-route point because of an accident or other unplanned occurrence or situation,
(viii) resting in or occupying a commercial vehicle for any other purpose, except
(A) time counted as off-duty time in accordance with section 10,
(B) time spent in a sleeper berth,
(C) time spent in a stationary commercial vehicle to satisfy the requirements of subsection 14(3), and
(D) time spent in a stationary commercial vehicle that is in addition to the off-duty requirements of subsection 14(3),
(ix) performing any work for any motor carrier, and
(x) performing yard moves of a commercial vehicle within a terminal, depot or port and that is not on a public road; and
(b) does not include driving time for the driver’s personal use, if
(i) the vehicle is not used in the course of the business of the motor carrier,
(ii) the vehicle has been unloaded,
(iii) any trailers have been unhitched,
(iv) the distance travelled does not exceed 75 km in a day,
(v) the driver had recorded in the daily log the odometer reading at the beginning and at the end of the personal use, and
(vi) the driver is not the subject of an out-of-service declaration under section 91. (heures de service)
- out-of-service declaration
out-of-service declaration means a declaration issued by a director or inspector under section 91. (déclaration de mise hors service)
- principal place of business
principal place of business means the place or places designated by the motor carrier where daily logs, supporting documents and other relevant records required by these Regulations are kept. (établissement principal)
- sleeper berth
sleeper berth[Repealed, SOR/2019-165, s. 1]
- supporting document
supporting document means a document or information recorded or stored by any means required by a director or inspector to assess compliance with these Regulations. (document justificatif)
- Technical Standard
Technical Standard means the Technical Standard for Electronic Logging Devices, April 11, 2019, published by the Canadian Council of Motor Transport Administrators, as amended from time to time, other than provision 4.5.1.11(b)(9) of that standard. (norme technique)
1.1 (1) For the purposes of these Regulations, every reference to “HOS Regulations” in the Technical Standard shall be read as a reference to these Regulations.
(2) For the purposes of these Regulations, provision 4.3.2.2.4(c)(3) of the Technical Standard is to be read as “When option 2 is selected, the ELD must prompt the user to enter for each 24-hour period for each of the previous 14 days immediately before the current day, the number of hours for on-duty time and off-duty time.”.
(3) For the purposes of these Regulations, “the latest database provided by the ELD Certification entity” in provisions 4.4.2(b) and 7.29 of the Technical Standard is to be read as “the Canadian Geographical Names Database established by Natural Resources Canada”.
(4) For the purposes of these Regulations, “must be between 04 and 11” in provision 7.41 of the Technical Standard is to be read as “must be between 03 and 08”.
Application
2 (1) These Regulations apply to all commercial vehicles other than the following:
(a) a two or three-axle commercial vehicle being used for
(i) transporting the primary products of a farm, forest, sea or lake, if the driver or the motor carrier is the producer of the products, or
(ii) a return trip after transporting the primary products of a farm, forest, sea or lake, if the vehicle is empty or is transporting products used in the principal operation of a farm, forest, sea or lake;
(b) an emergency vehicle; and
(c) a vehicle engaged in providing relief in the case of a public welfare emergency, as that expression is defined in section 5 of the Emergencies Act.
(d) [Repealed, SOR/2009-157, s. 1]
(e) [Repealed, SOR/2019-165, s. 3]
(2) [Repealed, SOR/2019-165, s. 3]
- SOR/2009-157, s. 1
- SOR/2019-165, s. 3
Directors
3 (1) The minister responsible for highway safety in a province may designate a person to exercise in the province the duties and functions of a director for the purposes of these Regulations.
(2) A director may designate inspectors for the purposes of these Regulations.
Responsibilities of Motor Carriers, Shippers, Consignees and Drivers
4 No motor carrier, shipper, consignee or other person shall request, require or allow a driver to drive and no driver shall drive if
(a) [Repealed, SOR/2019-165, s. 4]
(b) driving would be likely to jeopardize the safety or health of the public, the driver or the employees of the motor carrier;
(c) the driver is the subject of an out-of-service declaration; or
(d) the driver, in doing so, would not be in compliance with these Regulations.
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Travelling as a Passenger — Off-duty Time
10 If a driver who has, at the request of the motor carrier by whom the driver is employed or otherwise engaged, spent time travelling as a passenger in a commercial vehicle to the destination at which the driver will begin driving takes 8 consecutive hours of off-duty time before beginning to drive, the time spent as a passenger shall be counted as off-duty time.
Scheduling — Driving South of Latitude 60°N
Application
11 Sections 12 to 29 apply in respect of driving south of latitude 60°N.
Daily Driving and On-duty Time
12 (1) No motor carrier shall request, require or allow a driver to drive and no driver shall drive after the driver has accumulated 13 hours of driving time in a day.
(2) No motor carrier shall request, require or allow a driver to drive and no driver shall drive after the driver has accumulated 14 hours of on-duty time in a day.
Mandatory Off-duty Time
13 (1) No motor carrier shall request, require or allow a driver to drive and no driver shall drive after the driver has accumulated 13 hours of driving time unless the driver takes at least 8 consecutive hours of off-duty time before driving again.
(2) No motor carrier shall request, require or allow a driver to drive and no driver shall drive after the driver has accumulated 14 hours of on-duty time unless the driver takes at least 8 consecutive hours of off-duty time before driving again.
(3) No motor carrier shall request, require or allow a driver to drive and no driver shall drive after 16 hours of time have elapsed between the conclusion of the most recent period of 8 or more consecutive hours of off-duty time and the beginning of the next period of 8 or more consecutive hours of off-duty time.
Daily Off-duty Time
14 (1) A motor carrier shall ensure that a driver takes and the driver shall take at least 10 hours of off-duty time in a day.
(2) Off-duty time other than the mandatory 8 consecutive hours may be distributed throughout the day in blocks of no less than 30 minutes each.
(3) The total amount of off-duty time taken by a driver in a day shall include at least 2 hours of off-duty time that does not form part of a period of 8 consecutive hours of off-duty time required by section 13.
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Deferral of Daily Off-duty Time
16 Despite sections 12 and 14, a driver who is not splitting off-duty time in accordance with section 18 or 19 may defer a maximum of 2 hours of the daily off-duty time to the following day if
(a) the off-duty time deferred is not part of the mandatory 8 consecutive hours of off-duty time;
(b) the total off-duty time taken in the 2 days is at least 20 hours;
(c) the off-duty time deferred is added to the 8 consecutive hours of off-duty time taken in the second day;
(d) the total driving time in the 2 days does not exceed 26 hours; and
(e) there is a declaration in the “Remarks” section of the daily log that states that the driver is deferring off-duty time under this section and that clearly indicates whether the driver is driving under day one or day two of that time.
Ferries
17 Despite sections 13 and 14, a driver travelling by a ferry crossing that takes more than 5 hours is not required to take the mandatory 8 consecutive hours of off-duty time if
(a) the time spent resting in a sleeper berth while waiting at the terminal to board the ferry, in rest accommodations on the ferry and at a rest stop that is no more than 25 km from the point of disembarkation from the ferry combine to total a minimum of 8 hours;
(b) the hours are recorded in the daily log as off-duty time spent in a sleeper berth;
(c) the driver retains, as a supporting document, the receipt for the crossing and rest accommodation fees; and
(d) the supporting document coincides with the daily log entries.
Splitting of Daily Off-duty Time — Single Driver
18 (1) A driver who is driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off-duty time and daily off-duty time requirements of sections 13 and 14 by accumulating off-duty time in no more than 2 periods if
(a) neither period of off-duty time is shorter than 2 hours;
(b) the total of the 2 periods of off-duty time is at least 10 hours;
(c) the off-duty time is spent resting in the sleeper berth;
(c.1) the sleeper berth meets the requirements of Schedule 1;
(d) the total of the driving time in the periods immediately before and after each of the periods of off-duty time does not exceed 13 hours;
(e) the elapsed time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 16th hour after the driver comes on-duty;
(f) none of the daily off-duty time is deferred to the next day; and
(g) the total of the on-duty time in the periods immediately before and after each of the periods of off-duty time referred to in paragraph (b) does not include any driving time after the 14th hour.
(2) The 16th hour is calculated by
(a) excluding any period spent in the sleeper berth that is 2 hours or more in duration and that, when added to a subsequent period in the sleeper berth, totals at least 10 hours; and
(b) including
(i) all on-duty time,
(ii) all off-duty time not spent in the sleeper berth,
(iii) all periods of less than 2 hours spent in the sleeper berth, and
(iv) any other period spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this section.
(3) [Repealed, SOR/2019-165, s. 6]
Splitting of Daily Off-duty Time — Team of Drivers
19 (1) A team of drivers driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off-duty time and daily off-duty time requirements of sections 13 and 14 by accumulating off-duty time in no more than 2 periods if
(a) neither period of off-duty time is shorter than 4 hours;
(b) the off-duty time is spent resting in the sleeper berth;
(c) the sleeper berth meets the requirements of Schedule 1;
(d) the total of the driving time in the periods immediately before and after each of the periods of off-duty time does not exceed 13 hours;
(e) the elapsed time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 16th hour after the driver comes on duty;
(f) none of the daily off-duty time is deferred to the next day; and
(g) the total of the on-duty time in the periods immediately before and after each of the periods of off-duty time referred to in paragraph (b) does not include any driving time after the 14th hour.
(2) The 16th hour is calculated by
(a) excluding any period spent in the sleeper berth that is 4 hours or more in duration and that, when added to a subsequent period in the sleeper berth, totals at least 8 hours; and
(b) including
(i) all on-duty time,
(ii) all off-duty time not spent in the sleeper berth,
(iii) all periods of less than 4 hours spent in the sleeper berth, and
(iv) any other period spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this section.
(3) [Repealed, SOR/2019-165, s. 7]
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Cycles
24 A motor carrier shall require that a driver follows and the driver shall follow either cycle 1 or cycle 2.
25 Subject to section 28, no motor carrier shall request, require or allow a driver to drive and no driver shall drive unless the driver has taken at least 24 consecutive hours of off-duty time in the preceding 14 days.
26 Subject to section 28, no motor carrier shall request, require or allow a driver who is following cycle 1 to drive, and no driver who is following cycle 1 shall drive, after the driver has accumulated 70 hours of on-duty time during any period of 7 days.
27 Subject to section 28, no motor carrier shall request, require or allow a driver who is following cycle 2 to drive and no driver who is following cycle 2 shall drive after the driver has accumulated
(a) 120 hours of on-duty time during any period of 14 days; or
(b) 70 hours of on-duty time without having taken at least 24 consecutive hours of off-duty time.
Cycle Reset — Off-duty Time
28 (1) A driver may end the current cycle and begin a new cycle if the driver first takes the following off-duty time:
(a) for cycle 1, at least 36 consecutive hours; or
(b) for cycle 2, at least 72 consecutive hours.
(2) After taking the off-duty time, the driver begins a new cycle, the accumulated hours are set back to zero and the driver’s hours begin to accumulate again.
Cycle Switching — Off-duty Time
29 (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.
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Scheduling — Driving North of Latitude 60°N
Application
37 Sections 39 to 54 apply in respect of driving north of latitude 60°N.
38 [Repealed, SOR/2019-165, s. 10]
Mandatory Off-duty Time
39 (1) No motor carrier shall request, require or allow a driver to drive and no driver shall drive after the driver has accumulated more than 15 hours of driving time or 18 hours of on-duty time unless they take at least 8 consecutive hours of off-duty time before driving again.
(2) No motor carrier shall request, require or allow a driver to drive and no driver shall drive if more than 20 hours of time has elapsed between the conclusion of the most recent period of 8 or more consecutive hours of off-duty time and the beginning of the next period of 8 or more consecutive hours of off-duty time.
40 [Repealed, SOR/2019-165, s. 11]
Splitting of Daily Off-duty Time — Single Driver
41 (1) A driver who is driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off-duty time requirements of section 39 by accumulating off-duty time in no more than 2 periods if
(a) neither period of off-duty time is shorter than 2 hours;
(b) the total of the 2 periods of off-duty time is at least 8 hours;
(c) the off-duty time is spent resting in the sleeper berth;
(c.1) the sleeper berth meets the requirements of Schedule 1;
(d) the total of the driving time in the periods immediately before and after each of the periods of off-duty time does not exceed 15 hours;
(e) the on-duty time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 18th hour after the driver comes on duty, calculated in accordance with subsection (2); and
(f) none of the daily off-duty time is deferred to the next day.
(2) The 18th hour is calculated by
(a) excluding any period spent in the sleeper berth that is 2 hours or more in duration and that, when added to a subsequent period in the sleeper berth, totals at least 8 hours; and
(b) including
(i) all on-duty time,
(ii) all off-duty time not spent in the sleeper berth,
(iii) all periods of less than 2 hours spent in the sleeper berth, and
(iv) any other period spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this section.
(3) [Repealed, SOR/2019-165, s. 12]
Splitting of Daily Off-duty Time — Team of Drivers
42 (1) A team of drivers driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off-duty time requirements of section 39 by accumulating off-duty time in no more than 2 periods if
(a) neither period of off-duty time is shorter than 4 hours;
(b) the off-duty time is spent resting in the sleeper berth;
(c) the sleeper berth meets the requirements of Schedule 1;
(d) the total of the driving time in the periods immediately before and after each of the periods of off-duty time does not exceed 15 hours;
(e) the on-duty time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 18th hour after the driver comes on duty, calculated in accordance with subsection (2); and
(f) none of the off-duty time is deferred to the next day.
(2) The 18th hour is calculated by
(a) excluding any period spent in the sleeper berth that is 4 hours or more in duration and that, when added to a subsequent period in the sleeper berth, totals at least 8 hours; and
(b) including
(i) all on-duty time,
(ii) all off-duty time not spent in the sleeper berth,
(iii) all periods of less than 4 hours spent in the sleeper berth, and
(iv) any other period spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this section.
(3) [Repealed, SOR/2019-165, s. 13]
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Cycles
49 A motor carrier shall require that a driver follows and the driver shall follow either cycle 1 or cycle 2.
50 Subject to section 53, no motor carrier shall request, require or allow a driver to drive and no driver shall drive unless the driver has taken at least 24 consecutive hours of off-duty time in the preceding 14 days.
51 Subject to section 53, no motor carrier shall request, require or allow a driver who is following cycle 1 to drive and no driver who is following cycle 1 shall drive after the driver has accumulated 80 hours of on-duty time during any period of 7 days.
52 Subject to section 53, no motor carrier shall request, require or allow a driver who is following cycle 2 to drive and no driver who is following cycle 2 shall drive after the driver has accumulated
(a) 120 hours of on-duty time in any period of 14 days; or
(b) 80 hours of on-duty time, without having taken at least 24 consecutive hours of off-duty time.
Cycle Reset — Off-duty Time
53 (1) A driver may end the current cycle and begin a new cycle if they first take the following off-duty time:
(a) for cycle 1, at least 36 consecutive hours; or
(b) for cycle 2, at least 72 consecutive hours.
(2) After taking the off-duty time, the driver begins a new cycle, the accumulated hours are set back to zero and the driver’s hours begin to accumulate again.
Cycle Switching — Off-duty Time
54 (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.
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Permits
Special Permits
61 (1) The 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 unlikely to be jeopardized.
(2) Sections 12 to 54 and 76 to 99 do not apply in respect of special permits.
(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
62 (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 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 driven 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
63 (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 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
64 (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 drive a commercial vehicle for the motor carrier;
(c) the driver licence numbers of the drivers and the provinces of issuance;
(d) the 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; and
(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.
(m) [Repealed, SOR/2019-165, s. 17]
(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 drive a commercial vehicle of the motor carrier under the permit.
64.1 The director may, at any time after the application has been made, require an applicant to provide additional information in order for the director to evaluate whether the granting of a permit would be likely to jeopardize the safety or health of the public, the driver or the employees of the motor carrier.
Approval of Other Directors
65 (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 likely to be jeopardized by the granting of the permit.
Issuance of Permits
66 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;
(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; and
(d) the provinces in respect of which the permit is to apply.
Obligations of Permit Holders
67 (1) A motor carrier to whom a permit is issued shall
(a) provide the director with a list of the commercial vehicles that will be operated under the permit before undertaking any activity under the permit;
(a.1) ensure that a copy of the permit is placed in each commercial vehicle in respect of which it applies;
(b) keep the director informed of any changes to the list of the commercial vehicles that will be operated under the permit;
(c) make available for inspection by the director, on request, the daily logs and the supporting documents of the drivers of the commercial vehicles in respect of which the permit applies that are in its possession; 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) [Repealed, SOR/2019-165, s. 21]
Amendment, Cancellation and Suspension of Permits
68 (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 term or 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 likely to be jeopardized.
(2) [Repealed, SOR/2019-165, s. 22]
(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.
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Emergencies and Adverse Driving Conditions
76 (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 driving 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 cycle the driver followed 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 driving the vehicle during a trip north of latitude 60°N may extend the permitted 15 hours of driving time specified in section 39 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.
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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 certification 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.
Daily Logs
Interpretation
80 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
81 (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 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 Daily Logs
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 daily log, 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) in the “Remarks” section of the daily log, if the 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.
(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, 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 daily log, 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 daily log certifying the accuracy of the information recorded in it.
Use of Electronic Recording Devices
83 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
84 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 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 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 that the driver received in the course of the current trip.
Distribution and Keeping of Daily Logs
85 (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.
Tampering
86 (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
87 (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 and the action taken.
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Out-of-service Declarations
91 (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(b);
(b) the driver fails to comply with any of the driving time or off-duty time requirements of sections 12 to 29 and 39 to 54 or of a term or condition of a permit;
(c) the driver is unable or refuses to produce their daily logs 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 falsified, mutilated, obscured, altered, deleted, destroyed 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 and 39 to 54 or of a term or condition of 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(b);
(b) for 10 consecutive hours, if the driver contravenes section 12;
(c) for 8 consecutive hours, if the driver contravenes sections 13 or 39;
(d) for 72 consecutive hours, if the driver contravenes section 86; or
(e) in any other case, 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 14 to 29, 40 to 54 or 98 or of a term or condition of a permit.
(4) The out-of-service declaration in respect of a driver who contravenes section 86 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.
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Inspections
Proof of Authority
96 An inspector shall, at all times during the exercise of their functions, produce on request proof of their designation and title.
Authority to Stop and Enter for Inspections
97 (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 verifying compliance with the requirements of these Regulations.
(2) An inspector may, at any time, enter a commercial vehicle, or stop and enter it, for the purpose of verifying compliance with the requirements of these Regulations.
(3) An inspector may, at any time, enter a sleeper berth, or stop a commercial vehicle and enter its sleeper berth, for the purpose of verifying that the sleeper berth meets the requirements of Schedule 1.
Obstruction
97.1 No person shall obstruct or hinder, or knowingly make any false or misleading statements either orally or in writing to an inspector who is engaged in carrying out their duties and functions under these Regulations.
Production of Daily Logs and Supporting Documents
98 (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.
99 (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
100 [Repeal]
Coming into Force
101 These Regulations come into force on January 1, 2007.
SCHEDULE 1(Paragraphs 18(1)(c.1), 19(1)(c), 41(1)(c.1) and 42(1)(c) and subsection 97(3))Sleeper Berths
1 An area of a commercial vehicle is a sleeper berth if
(a) it is designed to be used as sleeping accommodation;
(b) it is located in the cab of the commercial vehicle or immediately adjacent to the cab and is securely fixed to it;
(c) it is not located in or on a semi-trailer or a full trailer;
(d) if it is located in the cargo space, it is securely compartmentalized from the remainder of the cargo space;
(e) in the case of a bus,
(i) it is located in the passenger compartment,
(ii) it is at least 1.9 m in length, 60 cm in width and 60 cm in height,
(iii) it is separated from the passenger area by a solid physical barrier that is equipped with a door that can be locked,
(iv) it provides privacy for the occupant, and
(v) it is equipped with a means to significantly limit the amount of light entering the area;
(f) in the case of a commercial vehicle other than a bus, it is rectangular in shape with at least the following dimensions:
(i) 1.9 m in length, measured on the centre line of the longitudinal axis,
(ii) 60 cm in width, measured on the centre line of the transverse axis, and
(iii) 60 cm in height, measured from the sleeping mattress to the highest point of the area;
(g) it is constructed so that there are no impediments to ready entrance to or exit from the area;
(h) there is a direct and readily accessible means of passing from it into the driver’s seat or compartment;
(i) it is protected against leaks and overheating from the vehicle’s exhaust system;
(j) it is equipped to provide heating, cooling and ventilation within the range of household temperatures;
(k) it is sealed against dust and rain;
(l) it is equipped with a mattress that is at least 10 cm thick; and
(m) it is equipped with a means of preventing ejection of the occupant during deceleration of the commercial vehicle, the means being designed, installed and maintained to withstand a total force of 2 700 kg applied toward the front of the vehicle and parallel to the longitudinal axis of the vehicle.
SCHEDULE 2 / ANNEXE 2(Section 1 and subsection 82(2) / Article 1 et paragraphe 82(2))
DUTY STATUS — ACTIVITÉ
Instructions
Fill out the grid as follows:
| Remplir la grille de la manière suivante :
|
SCHEDULE 3 / ANNEXE 3(Subsection 98(4) and paragraph 99(2)(a) / Paragraphe 98(4) et alinéa 99(2)a))
Receipt / Accusé de réception
| It is hereby acknowledged that, pursuant to subsection 98(4) or paragraph 99(2)(a) of the Commercial Vehicle Drivers Hours of Service Regulations, the following daily logs, supporting documents and other records were provided by | J’accuse réception des fiches journalières, des documents justificatifs et des autres registres suivants fournis en vertu du paragraphe 98(4) ou de l’alinéa 99(2)a) du Règlement sur les heures de service des conducteurs de véhicule utilitaire par : |
(Name of person / Nom de la personne)
at / à
(Number, street, municipality, location, province of motor carrier
Numéro, rue, municipalité, endroit, province du transporteur routier)
on / le
(Day, month, year / Jour, mois, année)
namely / à savoir :
(Description of daily logs, supporting documents and records received
Description des fiches journalières, des documents justificatifs et des registres reçus)
Dated at / Fait à
(Municipality, location / Municipalité, endroit)
on / le
(Day, month, year / Jour, mois, année)
- Date modified: