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

Distribution and Keeping of Records of Duty Status

• 85 (1) A driver shall, within 20 days after completing a record of duty status, forward the record of duty status and supporting documents relating to that record 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 paper record of duty status, and the motor carriers shall ensure that the driver forwards, the original record of duty status to the home terminal of the last 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, as well as the supporting documents relating to that record to the home terminal of the carrier for which the driver worked during the periods referred to in those supporting documents.

• (3) The motor carrier shall

  • (a) deposit the records of duty status and the supporting documents relating to those records at its principal place of business within 30 days after receiving them; and

  • (b) keep them in chronological order for each driver for a period of at least 6 months after the day on which they are received.

Tampering

• 86 (1) No motor carrier shall request, require or allow a driver to keep and no driver shall keep more than one record of duty status 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 record of duty status or falsify, mutilate, obscure, alter, delete, destroy or deface the records or supporting documents.

• (3) No motor carrier shall request, require or allow any person to, and no person shall, disable, deactivate, disengage, jam or otherwise block or degrade a signal transmission or reception, or re-engineer, reprogram or otherwise tamper with an ELD so that the device does not accurately record and retain the data that is required to be recorded and retained.

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.

[88 to 90 reserved]

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 records of duty status in accordance with section 98;

  • (d) there is evidence that shows that the driver has completed more than one record of duty status for a day, has entered inaccurate information in a record of duty status or has falsified information in a record of duty status;

  • (e) the driver has falsified, mutilated, obscured, altered, deleted, destroyed or defaced a record of duty status 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; or

  • (f) the driver uses an ELD that has a disabled, deactivated, disengaged, jammed or otherwise blocked or degraded signal transmission or reception, or uses an ELD that has been re-engineered, reprogrammed or otherwise tampered with so that it does not accurately record and retain the data that is required to be recorded and retained, in such a way that the director or inspector is unable to 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) 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 and 41 to 54 or of a term or condition of a permit or with the requirements of section 98.

• (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 record of duty status, 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

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 Records of Duty Status and Supporting Documents

• 98 (1) At the request of an inspector, a driver shall produce for inspection records of duty status for the current day and the preceding 14 days, the supporting documents for the current trip — in their existing format — as well as any permit under which the driver may be driving.

• (2) If the records requested by the inspector are in electronic format, the driver shall produce either the display or a printout of the records and, if requested by the inspector to transmit the records of duty status, shall transmit them by the transfer method identified by the inspector that is provided for in the Technical Standard and is supported by the ELD.

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

• (4) The inspector shall provide the driver with a receipt in the form set out in Schedule 3 for the paper records of duty status and supporting documents received.

• 99 (1) A motor carrier shall, during business hours, at the request of an inspector, produce the following documents for inspection at the place specified by the inspector:

  • (a) records of duty status and the supporting documents relating to those records that are in its possession;

  • (b) records of driving time of an unidentified driver;

  • (c) the documents referred to in subsection 77(7);

  • (d) the register of ELD malfunction or data diagnostic codes set out in subsection 78(6);

  • (e) any permit under which a driver is driving or was driving during the period for which the inspector makes the request; or

  • (f) the information recorded under subsection 87(2).

• (2) The motor carrier shall transmit to the inspector the electronic records of duty status in the format, and using one of the transfer methods, prescribed in the Technical Standard.

• (3) 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 paper records of duty status and supporting documents; and

  • (b) return the expired permits, paper records of duty status and supporting documents within 14 days after the day on which they were received.

Repeal

100 [Repeal]

Coming into Force

101 These Regulations come into force on January 1, 2007.