MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that take effect on January 1, For accurate reference, please refer to the official volumes of the Commercial Vehicle Drivers Hours of Service Regulations, made under Motor Vehicle Transport Act, that may be viewed on the Internet at: Hours of Service

October 6, History Current regulations were first introduced as a countermeasure to fatigue in the late 80s and were based on the American hours of service rules. Hours of Service refers to legal limitations on the hours a commercial vehicle driver can drive/work on a daily/weekly basis. The new rules incorporate current sleep and fatigue research that takes into consideration the bodies circadian rhythm, drivers health (opportunity to obtain restorative sleep), irregular work shifts and sleep dept.

October 6, Hours of Service The new federal regulation will come into effect on January 1, Ontario plans to amend the current regulations to mirror the federal hours of service rules. Hours of Service regulations are spelled out in federal legislation under the Motor Vehicle Transportation Act (MVTA), applicable to extra-provincial operations.

October 6, New Rules Reason for change Current HOS rules are: Not based on a day (24 hour period); Allows 16 hours of driving in a day; Allows 26 hours of driving in a 30 hour period (using off duty time reduction); No limit on a drivers work shift; Would allow a driver to work everyday; and Driver and Operator assume all responsibility for compliance.

October 6, Continued … Difficulty of identifying the cycle the driver is using Driver changes cycles whenever he wants No requirement to indicate the cycle on the daily log sheet

October 6, Principal problems with the current rules 24-hour period Off-duty: 8 h Driving : 16 h (13+3) 8 consecutive hours off-duty hour period Off-duty : 8 h Driving : 16 h (10+6) 8 consecutive hours off-duty Little rest, long working hours and irregular rest periods. 3106

October 6, Continued … Shift Length: 36 hours Off-duty: 21 hours Driving: 13 hours Work: 15 hours 8 consecutive hours off-duty Length of the "work shift"(36 hours)

October 6, The top 12 changes are... 1.increase minimum daily off-duty time by 25% (8hrs to 10hrs) 2.reduce daily on-duty time by 13% (16 hrs to 14 hrs) 3.reduce daily driving time by18% (16 hrs to 13 hrs) 4.eliminate the Time Reduction(once-a-week) 5.restrict drivers work shift to 16 hours (Tour of Duty) 6.requirement for driver to elect a cycle 7.standards for sleeper berths (split times, design, construction) 8.mandatory 24-hour off-duty period in 15 (regardless of on-duty accumulation) 9.record keeping requirements 10.allowing drivers to use a CMV for personal use (with restrictions) 11.shared responsibility for compliance (carrier, driver, dispatch, tour agency, consultant) 12.new powers for enforcement officers - out-of-service orders

October 6, The 3 Basic Rules 1.Daily Restrictions 2.Mandatory Off-Duty Time Work Shifts 3.Cycle Restrictions

October 6, Hours of Service Current Drive up to 16 hours in a day On duty up to 16 hours in a day No specified off-duty time for a day Rule Minimum of 10 hours of off-duty must be taken every day. Off-duty periods > 30 mins. Maximum of 13 hours driving in a day No driving after 14 hours of on-duty in a day Daily Requirements

October 6, Daily Limits - a simple 3-point check for compliance 24-hour period hours off-duty 10 * 8 hours 1 Off-duty 10 Driving 13 No driving after 14 hours On-duty * Not required in the rules for the day

October 6, Daily Limits – Verifying daily off-duty time

October 6, Hours of Service No driving after 14 hours on-duty DRIVING < 13 OFF DUTY > 10 Off-Duty Periods must be at least 30 minutes long or they do not count toward the 10 hours. Daily Requirements

October 6, Hours of Service Current After 13 hours of driving you have to take 8 consecutive hours off-duty before you can drive again After 15 hours of on duty you have to take 8 consecutive hours off-duty before you can drive again New Rule After 13 hours of driving you have to take 8 consecutive hours off-duty before you can drive again After 14 hours of on-duty you have to take 8 consecutive hours off-duty before you can drive again Work Shift Rules

October 6, Hours of Service Current No restriction on length of work shift Off-duty periods extend the time between Rule No driving after a maximum of 16 hours (elapsed time) Time period which starts the instant you are on duty after having just taken minimum 8 hours off-duty Includes all time and activities 8 consecutive hours off-duty resets the work shift.· Sleeper berth rest periods are not counted in the 16 hour duty period when they qualify for the sleeper berth rest provision Work Shift Rules Contd

October 6, What are the rules for the work shift? Work Shift 16 hours Driving time 13 hours No driving after 14 hours on-duty Shift Reset End 8 consecutive hours

October 6, Mandatory Off-Duty Time After 16 Hours Work Shift WORK SHIFT 8 consecutive hours

October 6, Hours of Service Current May reduce the 8-consecutive hour off-duty period to a minimum of 4 hours- once in a 7 day period Rule 48 hour averaging allows a driver to reduce the daily off-duty requirement by the 2 other hours of off duty time and this time is added to the 8 consecutive hours of off-duty on Day 2. This provision may be exercised every 2nd day if a driver chooses. Off Duty Exceptions

October 6, Daily Off Duty Time Deferral Day 2 Day 1 10 Hours (8 + the 2 deferred from Day 1)

October 6, Hours of Service Current Must be in compliance with 1 or the 3 cycles Three cycles: 60 hours/7 days, 70 hours/8 days, 120 hours/14 days (24-hour off-duty prior to 75 th hour on-duty) No reset provision switching allowed New Rule Two cycles (must elect one) Cycle 1: 70 hours/7 days, Cycle 2: 120 hours/14 days (must take 24 consecutive hours off-duty prior to 70 th hour,every period) Reset provision cycle switching only allowed after completing required off-duty period for cycle reset Cycle 1: 36 consecutive hours Cycle 2: 72 consecutive hours Cycles

October 6, SMTWTFS 13 h. 1 8 h h h h. 5 0 h. 6 ? h. 7 SMTWTFS 8 h h h h. 4 0 h. 5 3 h. 6 ? h h. SMTWTFS 8 h. 12 h h h. 3 0 h. 4 3 h h h. ? h. 7 Accumulated Day 1-6: 54 h Available: 16 h Accumulated Day 1-6: 46 h Available: 24 h Accumulated Day 1-6: 44 h Available: 26 h Illustration of Cycle 1 (70 hrs/7 days)

October 6, Day Cycle Reset Day 1 Day Off Day 2Day 4Day 1 Day Off Day 2Day 4Day 3Day 6Day 5 Day Off Day 2Day 3 12 Hours Off Day 1

October 6, Hours of Service Current Only required for 14 day cycle Rule Mandatory 24 consecutive hours off duty in preceding 14 days Mandatory 24-hours Off-Duty

October 6, Mandatory 24 hrs. off in 15-days to address perceived problem of driving every day of the year driver must have at least one 24-hour consecutive off-duty period in preceding 14 days applies regardless of amount of on-duty time accumulated 2007

October 6, Hours of Service Current Commercial motor vehicle (CMV) drivers using a sleeper berth must take 8 hours off- duty, but may split the sleeper-berth time into two periods provided neither is less than 2 hours. Rule Single drivers using a sleeper berth must take 10 hours off-duty, but may split the sleeper-berth time into two periods provided neither is less than 2 hours Team drivers using a sleeper berth must take 8 hours off-duty, but may split the sleeper-berth time into two periods provided neither is less than 4 hours Sleeper Berth

October 6, Hours of Service Current Commercial motor vehicle (CMV) drivers using a sleeper berth must take 8 hours off- duty, but may split the sleeper-berth time into two periods provided neither is less than 2 hours. New Rule Must still comply with Daily Requirements: Maximum of 13 hours driving No driving after 14 hours on-duty Minimum of 10 hours off-duty No driving after accumulating (prior and subsequent to the period): 13 hours driving 14 hours on-duty 16 hours in the work shift· Sleeper Berth

October 6, Sleeper Berth (Single Driver) = 10 hours Driving < 13 No Driving after 14 hours On-Duty No Driving after 16 th hour since last sleeper period Off-duty 10 Driving 13 No driving after 14 hours On-duty

October 6, Sleeper Berth (Team Driver) = 8 hours Driving < 13 No Driving after 14 hours On-Duty No Driving after 16 th hour since last sleeper period

October 6, Hours of Service Current Suitable accommodation, constructed and maintained for sleeper Rule Must meet prescribed standards specified in Schedule 1 Sleeper Berth Specifications

October 6, Hours of Service Current Exempt from a daily log if: instructed to drive within 160 km; returns to and goes off duty within 15 hours; and operator keeps accurate on duty status records New Rule Exempt from a daily log if: operates CMV within 160 km; returns to home terminal each day to begin an 8 hour off-duty period; operator maintains accurate and legible records for each day indicating; hour at which each duty status begins & ends: total hours spent in each status; elected cycle; records kept for 6 months; and not subject to an HOS permit Daily Log Exemption

October 6, Would your current Driver log Sheet Comply? operator maintains accurate and legible records for each day indicating; xhour at which each duty status begins & ends: xtotal hours spent in each status; xelected cycle; and xnotation of: time deferral, personal use of CMV & odometer reading, adverse driving or emergency situation

October 6, Record keeping requirements - Local

October 6, On-duty Status Records

October 6, Hours of Service NOTE: If you extend your driving, on-duty or elapsed time (work shift) because of an emergency or adverse driving conditions, you must record the reason for doing so in the Remarks Section Contents of Daily Log

October 6, Hours of Service Current Driving time means all time spent at the controls of a CMV operated on a highway- driver must show as DRIVING Rule Is not considered to be On Duty provided that: CVM is unloaded Not towing a trailer Maximum of 75 km/day Odometer readings are recorded Driver is not subject of an OOS declaration Personal Use Exemption

October 6, Hours of Service Current Driver and Operator are responsible to ensure compliance Rule No person shall permit, or request a person to contravene the regulation Responsibilities

October 6, Questions? Dwain Smith Alf Brown OR Hours of Service Application Guide available from the Canadian Council of Motor Transport Administrators website: - hoursofservice