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

Regulations are current to 2020-07-28 and last amended on 2019-06-12. Previous Versions

Permits (continued)

Applications for Permits (continued)

 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.

  • SOR/2019-165, s. 18

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 likely to be jeopardized by the granting of the permit.

  • SOR/2019-165, s. 19

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;

  • (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.

  • SOR/2019-165, s. 20

Obligations of Permit Holders

  •  (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]

  • SOR/2019-165, s. 21

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 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.

  • SOR/2019-165, s. 22

[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 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.

  • SOR/2019-165, s. 23

[77 to 78 reserved]

Accreditation of ELD Certification Bodies

 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.

  • SOR/2019-165, s. 25
  •  (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.

  • SOR/2019-165, s. 25
  •  (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.

  • SOR/2019-165, s. 25
  •  (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.

  • SOR/2019-165, s. 25
 
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