Accreditation of ELD Certification Bodies (continued)
(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.
- SOR/2019-165, s. 25
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
(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.
- SOR/2019-165, s. 27
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.
- SOR/2019-165, s. 28
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.
- SOR/2019-165, s. 31
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
(3) The motor carrier shall
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