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Hours of Service The Ontario “Hours of Service” Regulation 555/06 made under the HIGHWAY TRAFFIC ACT that came into force on January 1, 2007. January 1, 2007
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Application – Highway Traffic Act
190 (2) No person shall drive a commercial motor vehicle on a highway except in accordance with this section and the regulations made under this section. 190 (6) No operator shall permit a person to drive a commercial motor vehicle on a highway except in accordance with this section or the regulations made under this section. Highway Traffic Act 190 (2) No person shall drive a commercial motor vehicle on a highway except in accordance with this section and the regulations made under this section. 190 (6) No operator shall permit a person to drive a commercial motor vehicle on a highway except in accordance with this section or the regulations made under this section.
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Definitions January 1, 2007 DEFINITIONS
The following definitions are covered in the following slides: Commercial motor vehicle, day, on-duty, off-duty, duty status Click on the link to skip the definitions Following the definitions is the exemptions to the regulations. January 1, 2007
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"day" for any driver, means a 24-hour period that starts at midnight or at such other hour designated by the operator for the driver. Section 1 “day”, for any driver, means a 24-hour period that starts at midnight or at such other hour designated by the operator for the driver;
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"on-duty time" (2) A driver is on duty when he or she drives a commercial motor vehicle for an operator or performs any other work for an operator, including time spent, (a) inspecting, servicing, repairing, cleaning and warming up a commercial motor vehicle; (b) travelling in a commercial motor vehicle as a co-driver, when the time is not spent in the sleeper berth; (c) participating in the loading and unloading of a commercial motor vehicle; (d) inspecting and checking the load of a commercial motor vehicle; (2) A driver is on duty when he or she drives a commercial motor vehicle for an operator or performs any other work for an operator, including time spent, (a) inspecting, servicing, repairing, cleaning and warming up a commercial motor vehicle; (b) travelling in a commercial motor vehicle as a co-driver, when the time is not spent in the sleeper berth; (c) participating in the loading and unloading of a commercial motor vehicle; (d) inspecting and checking the load of a commercial motor vehicle;
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"on-duty time“ … (2) A driver is on duty when he or she drives a commercial motor vehicle for an operator or performs any other work for an operator, including time spent, (e) waiting for a commercial motor vehicle to be serviced, loaded, unloaded and dispatched; (f) waiting for a commercial motor vehicle or its load to be inspected; and (g) waiting at an en-route point because of an accident or other unplanned occurrence or situation (2) A driver is on duty when he or she drives a commercial motor vehicle for an operator or performs any other work for an operator, including time spent, (e) waiting for a commercial motor vehicle to be serviced, loaded, unloaded and dispatched; (f) waiting for a commercial motor vehicle or its load to be inspected; and waiting at an en-route point because of an accident or other unplanned occurrence or situation
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“off-duty time” … 2 (3) A driver is off duty when he or she is not on duty. 2 (4) despite subsection (2), a driver is off duty when he or she drives a commercial motor vehicle if, (a) he or she is driving the vehicle for personal use that has no commercial purpose; (b) the vehicle has been unloaded (c) any trailers have been unhitched; 2(3) A driver is off duty when he or she is not on duty.
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“off-duty time” … 2(4) despite subsection (2), a driver is off duty when he or she drives a commercial motor vehicle if, (d) he or she does not drive the vehicle more than 75 kilometres in a day; and (e) an entry is made in the “Remarks” section of the daily log or on the time record required by subsection 18(3), (i) stating that the driver used the vehicle for personal use, and (ii) setting out the odometer readings at the start and the end of the Personal use driving. PERSONAL USE EXEMPTION (4) despite subsection (2), a driver is off duty when he or she drives a commercial motor vehicle if, (a) he or she is driving the vehicle for personal use that has no commercial purpose; (b) the vehicle has been unloaded (c) any trailers have been unhitched; (d) he or she does not drive the vehicle more than 75kilometres in a day; and (e) an entry is made in the “Remarks” section of the daily log or on the time record required by subsection 18(3), (i) stating that the driver used the vehicle for personal use, and (ii)setting out the odometer readings at the start and the end of the personal use driving.
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“off-duty time” … 2(5) Despite clause (2)(b), if a driver travels as a passenger to a location where he or she is to start driving a commercial motor vehicle and takes eight consecutive hours of off-duty time at the location before starting to drive, the time spent as a passenger getting to the location shall be counted as off-duty time. Despite clause (2)(b), if a driver travels as a passenger to a location where he or she is to start driving a commercial motor vehicle and takes eight consecutive hours of off-duty time at the location before starting to drive, the time spent as a passenger getting to the location shall be counted as off-duty time.
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Duty status time (1) There are four categories of duty status time for the purpose of this Regulation: Off-duty time, other than time spent in a sleeper berth. Off-duty time spent in a sleeper berth. On-duty time spent driving. On-duty time, other than time spent driving. Duty status time 2. (1) There are four categories of duty status time for the purpose of this Regulation: Off-duty time, other than time spent in a sleeper berth. 2. Off-duty time spent in a sleeper berth. 3. On-duty time spent driving. 4. On-duty time, other than time spent driving.
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The Four Basic Requirements
Daily Requirements Mandatory Off-Duty Time “Work Shifts” Requirements Cycle Requirements Record Keeping Requirements
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Daily Requirements January 1, 2007 DAILY REQUIREMENT
This is a brand new requirement. January 1, 2007
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Designation of Driver’s Day
4.(1) The operator shall designate the hour at which the driver’s day starts if it does not start at midnight and shall notify the driver of the designation. (2) The designation shall apply for the duration of the driver’s cycle. “day”, for any driver, means a 24-hour period that starts at midnight or at such other hour designated by the operator for the driver; Designation of driver’s day 4. (1) The operator shall designate the hour at which the driver’s day starts if it does not start at midnight and shall notify the driver of the designation. (2) The designation shall apply for the duration of the driver’s cycle. While the driver is in a cycle, which we will learn later how a driver can end a cycle, they must not change the “day” NOTE; IF A DRIVER CHANGES HOME TERMINALS WHICH ARE IN DIFFERENT TIME ZONE, THIS IS IN EFFECT CHANGING HIS DAY, IN ORDER TO DO THAT THE DRIVER MUST START A NEW CYCLE WHICH WILL BE ADDRESSED LATER.
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Daily Driving Time 5. (1) After a driver has accumulated 13 hours of driving time in a day, the driver shall not drive again on the same day. (2) After a driver has accumulated 14 hours of on-duty time in a day, the driver shall not drive again on the same day. Daily driving time 5. (1) after a driver has accumulated 13 hours of driving time in a day, the driver shall not drive again on the same day. (2) After a driver has accumulated 14 hours of on-duty time in a day, the driver shall not drive again on the same day.
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DRIVING = < 13 Daily Driving Time
This illustrates the daily driving rule, at the end of the 24 hour period a driver cannot drive more than 13 hours (We will cover two exceptions to this rule a little later)
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Daily Driving Time NO DRIVING AFTER ON DUTY = < 14
This illustrates the daily on-duty rule, during the 24 hour period a driver cannot drive after having been on-duty more than 14 hours more than 13 hours (There are two exceptions to this rule discussed later)
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Daily Off-Duty Time 6. (1) A driver shall take at least 10 hours of off-duty time in a day. (2) Off-duty time under subsection (1) that is in addition to the mandatory eight consecutive hours of off-duty time required by Section 9 may be distributed throughout the day in blocks on no less than 30 minutes each. (3) The off-duty time referred to in subsection (2) shall be at least two hours and may be added to the mandatory eight consecutive hours of off-duty time but cannot form part of it. Again this is a new requirement Daily off-duty time 6. (1) A driver shall take at least 10 hours of off-duty time in a day. (2) Off-duty time under subsection (1) that is in addition to the mandatory eight consecutive hours of off-duty time required by section 9 may be distributed throughout the day in blocks on no less than 30 minutes each. (3) The off-duty time referred to in subsection (2) shall be at least two hours and may be added to the mandatory eight consecutive hours of off-duty time but cannot form part of it. There is a 2 step check First – Did the driver have at least 10 hours off duty in the day Second – If the driver did, did they take at least two hours in addition to any hours that formed part of the mandatory 8 consecutive hours off required by Section 9 which we are going to go over soon.
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Daily Off-Duty Time OFF DUTY = > 10
Off-Duty Periods must be at least 30 minutes long or they do not count toward the 10 hours. Must be off duty ten hours in a day which must include two hours that are not part of an mandatory off duty period and are at least 30 minutes long.
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Step 1: Daily off-duty time must total at least 10 hours [made up of periods of at least 30 minutes] (2+1+7=10) Step 2:Daily off-duty time must include 2 hours that do not form part of an 8 consecutive hour off-duty period required by section 9. (They can be added to the period) 1 + 1 =2 “other” hours 9 Consecutive Hours Off 8 hours off-duty This illustrates the 10 hour off-duty requirement The driver has ten hours of off-duty in the day (midnight to midnight) We now must ensure the driver has 2 “other hours” We can not count the 2 hours from midnight until 2 am as it is part of mandatory 8 hours off We can not count the hours from 18:00 until midnight as it is also part of a mandatory 8 hours off We can count the off-duty from 12:00 – 13:00 (it is 1 hour) We can count the off-duty from 17:00 – 18:00 (it is not part of the 8, but added to, and it is at least 1/2 hour 10 6+2 hours off-duty
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Each day must include 2 hours of off-duty time (> 30 mins
Each day must include 2 hours of off-duty time (> 30 mins.) which is not part of a mandatory 8 consecutive hours off-duty period required by section 9 10 8 hours off-duty 13 1 2+ 8 cons. hours off-duty 10 Consecutive Hours Example 1: Violation: In this example, the driver is attempting to use the 8 consecutive hours of off-duty time (core rest period) to satisfy two requirements: resetting the work shift and satisfying the other two hours required to be taken each day to satisfy the 10 hour daily off-duty requirement. Graph grid to illustrate 2 other hours can not be part of the 8 consecutive hours. Day 1 would not be permitted because there is no off-duty other than off-duty time used to get the mandatory 8 consecutive hours contrary to 6(3) Day 2 would be permitted because there is 2 hours that does not form part an 8 consecutive hours off -duty{ 13 10 1 8 hours off-duty
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Deferral of Off-duty Time
7. A driver may split the off-duty time required by section 6 over any two consecutive days by deferring a maximum of two hours of the daily off-duty time from the first day to the second day and increasing the total of the driving and on-duty times in the first day by not more than two hours if, (a) the deferred off-duty time does not form part of the mandatory period of eight consecutive hours of off-duty time required by section 9; (b) before the end of the second day, the driver takes a consecutive period of off-duty time consisting of the eight consecutive hours required by section 9 plus the off-duty time deferred from the first day Exception to the rule we just discussed. Deferral of off-duty time 7. A driver may split the off-duty time required by section 6 (Daily Off-Duty time) over any two consecutive days by deferring a maximum of two hours of the daily off-duty time from the first day to the second day and increasing the total of the driving and on-duty times in the first day by not more than two hours if, (a) the deferred off-duty time does not form part of the mandatory period of eight consecutive hours of off-duty time required by section 9; (so you can only defer the two “other hours” (b) before the end of the second day, the driver takes a consecutive period of off-duty time consisting of the eight consecutive hours required by section 9 plus the off-duty time deferred from the first day;
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Deferral of Off-duty Time
Cont’d… (c) the total off-duty time taken in the two days is at least 20 hours; (d) the total driving time in the two days does not exceed 26 hours; (e) the total on-duty time in the two days does not exceed 28 hours; (f) the driver is not splitting off-duty time under section 11 at any time during the two days; and (g) an entry is made in the “Remarks” section of the daily log or on the record required by subsection 18(3) clearly indicating the day from which the off-duty time has been deferred and the day to which it was deferred. Deferral of off-duty time 7. A driver may split the off-duty time required by section 6 over any two consecutive days by deferring a maximum of two hours of the daily off-duty time from the first day to the second day and increasing the total of the driving and on-duty times in the first day by not more than two hours if, (c) the total off-duty time taken in the two days is at least 20 hours; (d) the total driving time in the two days does not exceed 26 hours; (e) the total on-duty time in the two days does not exceed 28 hours; (f) the driver is not splitting off-duty time under section 11 at any time during the two days; and (g) an entry is made in the “Remarks” section of the daily log or on the record required by subsection 18(3) clearly indicating the day from which the off-duty time has been deferred and the day to which it was deferred.
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Deferral of Daily Off-Duty Time
Day 1 (8 consecutive hours of off-duty prior to start of day) 8 15 1 Day 2 10 Hours (8 + the 2 deferred from Day 1) Deferral Checks a- Ensure deferred time is not part of the mandatory 8 hours off-duty b- the total off-duty time taken in the two days is at least 20 hours; c- the deferred time from Day 1 must be added to the 8 consecutive hours which must be completed by the end of Day 2 d- the total driving time in the two days does not exceed 26 hours; (driving time on Day 1 can only be increased by the amount deferred) e-the total on-duty time in the two days does not exceed 28 hours; (on duty time on Day 1 can only be increased by the amount deferred) g- an entry is made in the “Remarks” section of the daily log or on the record required by subsection 18(3) clearly indicating the day from which the off-duty time has been deferred and the day to which it was deferred. No violation – it was done properly 11 12 1
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Day 1 (8 consecutive hours of off-duty prior to start of day)
13 3 9 Consecutive Hours Day 2 Deferral Checks a- Ensure deferred time is not part of the mandatory 8 hours off-duty b- the total off-duty time taken in the two days is at least 20 hours; c- the deferred time from Day 1 must be added to the 8 consecutive hours which must be completed by the end of Day 2 d- the total driving time in the two days does not exceed 26 hours; (driving time on Day 1 can only be increased by the amount deferred) e-the total on-duty time in the two days does not exceed 28 hours; (on duty time on Day 1 can only be increased by the amount deferred) g- an entry is made in the “Remarks” section of the daily log or on the record required by subsection 18(3) clearly indicating the day from which the off-duty time has been deferred and the day to which it was deferred. THIS DRIVER WOULD NOT BE IN COMPLIANCE BECAUSE HE DEFERRED 2 HOURS FROM DAY 1 BUT HE DID NOT TAKE TEN CONSECUTIVE HOURS OFF-DUTY BEFORE THE END OF DAY TWO 11 12 1
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Driving Requirements - Adverse Driving Conditions
15. A driver who encounters adverse driving conditions while driving a commercial motor vehicle may, increase the driving time permitted by section 5 by up to two hours and the on-duty time permitted by that section by up to two hours and reduce the off-duty time required by subsection 6 (2) by a corresponding amount; and … If a driver extends his or her driving or on-duty times under subsection (1), the reason for the extension must be entered in the “Remarks” section of the daily log or on the time record required by subsection 18(3). In this section, “adverse driving conditions” means significantly impaired driving conditions that were not known, or could not reasonably have been known, to a driver or an operator dispatching a driver immediately before the driver began driving. 15. (1) A driver who encounters adverse driving conditions while driving a commercial motor vehicle may, (a) increase the driving time permitted by section 5 (Daily Driving and On-Duty time) by up to two hours and the on-duty time permitted by that section by up to two hours and reduce the off-duty time required by subsection 6 (2) by a corresponding amount; and (3) If a driver extends his or her driving or on-duty times under subsection (1), the reason for the extension must be entered in the “Remarks” section of the daily log or on the time record required by subsection 18(3). (4) In this section, “adverse driving conditions” means significantly impaired driving conditions that were not known, or could not reasonably have been known, to a driver or an operator dispatching a driver immediately before the driver began driving.
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Mandatory Off-Duty Time
Mandatory Off- Duty Time Requirement January 1, 2007
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Mandatory Off-Duty Time
9.(1) After a driver has accumulated 13 hours of driving time from the end of the most recent period of eight or more consecutive hours of off-duty time, the driver shall not drive again unless he or she takes at least eight consecutive hours of off-duty time. Mandatory off-duty time (Work Shift) referred to as “tour of duty in the U.S” 9.(1) After a driver has accumulated 13 hours of driving time from the end of the most recent period of eight or more consecutive hours of off-duty time, the driver shall not drive again unless he or she takes at least eight consecutive hours of off-duty time.
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Mandatory Off-Duty Time After 13 Hours Driving
These rules are very similar to our current rules regarding driving and on-duty time. After a driver has driven for 13 hours the driver must take 8 consecutive hours of off-duty time before the driver may drive again. The driver still must comply with the daily rules.
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Driving Requirements 9. (2) After a driver has accumulated 14 hours of on-duty time from the end of the most recent period of eight or more consecutive hours of off-duty time, the driver shall not drive again unless he or she takes at least eight consecutive hours of off-duty time. 9. (2) After a driver has accumulated 14 hours of on-duty time from the end of the most recent period of eight or more consecutive hours of off-duty time, the driver shall not drive again unless he or she takes at least eight consecutive hours of off-duty time.
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No Driving After 14 Hours On-Duty
10 After a driver has accumulated 14 hours of on-duty time the driver must take 8 consecutive hours of off-duty time before the driver may drive again.
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Driving Requirements 9. (3) After 16 hours have elapsed from the end of the most recent period of eight or more consecutive hours of off-duty time, the driver shall not drive again unless he or she takes at least eight consecutive hours of off-duty time. 9(3) After 16 hours have elapsed from the end of the most recent period of eight or more consecutive hours of off-duty time, the driver shall not drive again unless he or she takes at least eight consecutive hours of off-duty time. A new requirement under the regulation is a work shift limitation, as we know under the current rule there is no restriction as to how long a driver can be on a “shift”, but the new regulation will not allow a driver to drive after 16 hours has elapsed between the end of his last 8 or more consecutive off-duty period and the beginning of his next 8 or more consecutive hours of off-duty time. This “elapsed” time includes all time and all activities, other than sleeper berth time if the driver is using the sleeper berth provision.
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No Driving After 16 Hours Elapsed Time
Work Shift Starts WORK SHIFT – ELAPSED TIME Once 16 hours has elapsed since the end of his last off-duty period that was 8 hours or longer, the driver cannot drive again until he takes at least 8 consecutive hours off-duty to restart his work shift.
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8 hours off-duty ends 1 3 2 P 5 1 P 10 P 9 P 13 P 4 P 6 5 8 12 14 9 P 3 6 8 4 7 11 2 1 11 7 16 15 10 6 P 5 7 Think of it as the driver having three “stop watches” that track his time. A driving watch that can only go up to 13 hours, this will only run while the driver is driving a commercial motor vehicle An on-duty watch that can go up to 14 hours, this will only run while the driver is “on-duty” And an Elapsed time watch that can go up to 16 hours, as soon as any one of the watches reaches its maximum, the driver cannot drive any more. This watch never stops and accounts for all time and all duty statuses, including off-duty. The watches reset to zero after the driver takes a minimum 8 consecutive hours off-duty, When he is on-duty not driving, the on-duty and elapsed time watches are running When the driver starts to drive all three watches are running, When he goes off-duty he pauses his driving and on-duty watch but the elapsed time watch is still running. This goes on until he takes 8 hours off-duty. ANIMATION 1st click – off duty line appears 2nd click – text appears indicating 8 hours off –duty 3rd click – duty status to on-duty clocks go to zero and start as duty status changes during the day, elapsed clock reaches 16 hrs and stop light will appear, driver must stop. 4th click – line goes to off-duty 5th click – driver takes 8 hours off-duty clocks reset to 0
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8 hours off-duty ends 8 Hours Off-Duty 1 3 2 P 5 P 10 1 P 13 P 9 P 4 P 6 5 8 12 14 9 P 3 6 8 4 7 11 2 1 15 10 6 P 5 7 Think of it as the driver having three “stop watches” that track his time. A driving watch that can only go up to 13 hours, this will only run while the driver is driving a commercial motor vehicle An on-duty watch that can go up to 14 hours, this will only run while the driver is “on-duty” And an Elapsed time watch that can go up to 16 hours, as soon as any one of the watches reaches its maximum, the driver cannot drive any more. This watch never stops and accounts for all time and all duty statuses, including off-duty. The watches reset to zero after the driver takes a minimum 8 consecutive hours off-duty, When he is on-duty not driving, the on-duty and elapsed time watches are running When the driver starts to drive all three watches are running, When he goes off-duty he pauses his driving and on-duty watch but the elapsed time watch is still running. This goes on until he takes 8 hours off-duty. ANIMATION 1st click – off duty line appears 2nd click – text appears indicating 8 hours off –duty 3rd click – duty status to on-duty clocks go to zero and start as duty status changes during the day, elapsed clock reaches 16 hrs and stop light will appear, driver must stop. 4th click – line goes to off-duty 5th click – driver takes 8 hours off-duty clocks reset to 0 11 7 16
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Driving Requirements - Adverse Driving Conditions
15. (1) A driver who encounters adverse driving conditions while driving a commercial motor vehicle may, increase the driving time permitted by sections 9 and 11 by up to two hours and the on-duty times permitted by those sections by up to two hours if the 16 hour elapsed time required by subsection 9(3) is not exceeded. (2) If a driver extends his or her driving or on-duty times under subsection (1), the reason for the extension must be entered in the “Remarks” section of the daily log or on the time record required by subsection 18(3). (3) In this section, “adverse driving conditions” means significantly impaired driving conditions that were not known, or could not reasonably have been known, to a driver or an operator dispatching a driver immediately before the driver began driving. Adverse Driving Conditions 15. (1) A driver who encounters adverse driving conditions while driving a commercial motor vehicle may, increase the driving time permitted by sections 9 and 11(mandatory off duty time and sleeper berth split time) by up to two hours and the on-duty times permitted by those sections by up to two hours if the 16 hour elapsed time required by subsection 9 (3) is not exceeded. (2) If a driver extends his or her driving or on-duty times under subsection (1), the reason for the extension must be entered in the “Remarks” section of the daily log or on the time record required by subsection 18(3). (3) In this section, “adverse driving conditions” means significantly impaired driving conditions that were not known, or could not reasonably have been known, to a driver or an operator dispatching a driver immediately before the driver began driving.
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Splitting Off-Duty Sleeper Berth
Canada and Ontario has elected to maintain a sleeper berth split provision in the new Hours of Service Regulation If you want to skip the sleeper berth provision click on the link which will take you to the section on the cycle requirement Skip Sleeper Berth Provision January 1, 2007
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Splitting Off-Duty Time
11. (1) A driver may meet the off-duty time requirement of section 9 in a sequence of sleeper berth periods under subsection (2) or (3) until the sequence of sleeper berth periods ends with a period of at least eight consecutive hours of off-duty time, if all the sleeper berth periods in the sequence meet the requirements of subsection (2) or (3), as the case may be. Sleeper berth specifications are found in Section 8. 11. (1) A driver may meet the off-duty time requirement of section 9 in a sequence of sleeper berth periods under subsection (2) or (3) until the sequence of sleeper berth periods ends with a period of at least eight consecutive hours if all the sleeper berth periods in the sequence meet the requirements of subsection (2) or (3), as the case may be. Section 9 is the mandatory off duty period for the restarting of the “work shift” To view the sleeper berth specifications, click on the link there are five pages, you move to the next page by clicking on the “continue” in the bottom right corner, the last page of the specifications, click on “back” and it will take you to the single driver sleeper rule.
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Splitting Off-Duty Time – Single Driver
(2) A driver who is driving a commercial motor vehicle fitted with a sleeper berth may meet the mandatory off-duty time required of section 9 by accumulating off-duty time in no more than two periods where, (a) neither period of off-duty time is less than two hours; (b) the total of the two periods of off-duty time is at least 10 hours; (c) the off-duty time is spent resting in the sleeper berth; and Subsection 2 – pertains to single drivers. (2) A driver who is driving a commercial motor vehicle fitted with a sleeper berth may meet the mandatory off-duty time required of section 9 by accumulating off-duty time in no more than two periods where, (a) neither period of off-duty time is less than two hours; (b) the total of the two periods of off-duty time is at least 10 hours; (c) the off-duty time is spent resting in the sleeper berth; and
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Splitting Off-Duty Time – Single Driver
(d) the driver does not drive again when, (i) the total driving times before and after each of the sleeper berth periods in the sequence referred to in subsection (1)exceed 13 hours, (ii) the total of the on-duty times before and after each sleeper berth period in the sequence referred to in subsection (1) exceeds 14 hours, and (iii) the total of the elapsed times before and after each sleeper berth period in the sequence referred to in subsection (1) exceeds 16 hours. Splitting off-duty time (d) the driver does not drive again when, (i) the total driving times before and after each of the sleeper berth periods in the sequence referred to in subsection (1) exceeds 13 hours, (ii) the total of the on-duty times before and after each sleeper berth period in the sequence referred to in subsection (1) exceeds 14 hours, and (iii) the total of the elapsed times before and after each sleeper berth period in the sequence referred to in subsection (1) exceeds 16 hours.
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Sleeper Berth (Single Driver)
4 + 6 = 10 hours 3 No Driving when elapsed time > 16 hours 10 10 Driving < 13 hours Illustration of Sleeper Berth Split for a single driver. Team Driver Sleeper berth rule is next, if you want to skip that rule, click on the link in the bottom right you will be directed to the Cycle Rule 1 No Driving when on duty > 14 hours
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Cycles January 1, 2007
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Cycle Requirements 7 or 14-day cycle 12. (1) An operator shall require that all drivers follow either a 7-day or a 14-day cycle, as designated by the operator for each driver. (2) A driver shall follow the cycle designated for him or her by the operator. (3) An operator shall not change a driver’s cycle except as provided by section 14. Cycle Requirements 7 or 14-day cycle 12. (1) An operator shall require that all drivers follow either a 7-day or a 14-day cycle, as designated by the operator for each driver. (2) A driver shall follow the cycle designated for him or her by the operator. (3) An operator shall not change a driver’s cycle except as provided by section 14. The federal Hours of Service Regulation refers to the 7 day cycle as “Cycle 1” and the 14 day cycle as “Cycle 2”
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Cycle 1 – 7 Day 13 (2) A driver who is following a 7-day cycle shall not drive again in that cycle after accumulating 70 hours of on-duty time during any period of seven days or during the period beginning on the day on which the cycle was reset under section 14, whichever is less 13 (2) A driver who is following a 7-day cycle shall not drive again in that cycle after accumulating 70 hours of on-duty time during any period of seven days or during the period beginning on the day on which the cycle was reset under section 14, whichever is less
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Cycles A driver who is following a 7-day cycle shall not drive again in that cycle after accumulating 70 hours of on-duty time during any period of seven days or during the period beginning on the day on which the cycle was reset under section 14, whichever is less 8 12 10 ANIMATION 1ST click – Table appears illustrating 7 days 2nd click – On duty hours appear 3rd click – total on-duty hours for the 7 day period appear 4th click – 8 day table appears 5th click – on-duty hours for the last 7 days appear, note hours on day one do not factor into the total anymore as they are outside of the 7 day window. 6th click – total for the 7 days appear. 69 70
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Cycle 2 – 14 Day A driver who is following a 14-day cycle shall not drive again in that cycle after accumulating 120 hours of on-duty time during any period of 14 days or during the period beginning on the day on which the cycle was reset under section 14, whichever is less Example (4) A driver who is following a 14-day cycle shall not drive again in that cycle after accumulating 70 hours of on-duty time without having taken at least 24 consecutive hours of off-duty time during the period when the 70 hours were accumulated. 13(3) A driver who is following a 14-day cycle shall not drive again in that cycle after accumulating 120 hours of on-duty time during any period of 14 days or during the period beginning on the day on which the cycle was reset under section 14, whichever is less Click on Example to show illustration, (3) Illustration shows a 14 day period, 1st click inserts the on duty hours 2nd click shows the total for the 14 day period CLICK BACK 13(4) A driver who is following a 14-day cycle shall not drive again in that cycle after accumulating 70 hours of on-duty time without having taken at least 24 consecutive hours of off-duty time during the period when the 70 hours were accumulated. (4) Illustration shows that a driver can not drive after accumulating more than 70 hours on-duty in the cycle. 1st click – Inserts on duty hours 2nd click – Inserts the total 3rd click – Illustrates 70 hours accumulating but the driver had 24 hours off-duty 4th click – Illustrates 70 hours accumulated and the driver was in violation for not taking 24 hours off duty 5th click – Illustrates driver accumulated 70 hours may be in violation 6th click – Illustrates that records would have to be reviewed to determine if driver was off 24 hours off duty between Day 7 & 8 Example
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Cycles A driver who is following a 14-day cycle shall not drive again in that cycle after accumulating 120 hours of on-duty time during any period of 14 days or during the period beginning on the day on which the cycle was reset under section 14, whichever is less 10 120 BACK
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Cycle Reset / Switch – Off-duty Time
14. (1) An operator may end a driver’s 7-day cycle and designate a new 7-day or 14-day cycle for the driver if the driver takes at least 36 consecutive hours of off-duty time before starting the new cycle. (2) An operator may end a driver’s 14-day cycle and designate a new 14-day or 7-day cycle if the driver takes at least 72 consecutive hours of off-duty time before starting the new cycle. (3) For the purpose of the cycle requirements of this Regulation, a driver’s accumulated hours at the start of each new cycle are deemed to be zero and the driver’s hours start to accumulate again at the start of the cycle. Cycle reset – off-duty time 14. (1) An operator may end a driver’s 7-day cycle and designate a new 7-day or 14-day cycle for the driver if the driver takes at least 36 consecutive hours of off-duty time before starting the new cycle. (2) An operator may end a driver’s 14-day cycle and designate a new 14-day or 7-day cycle if the driver takes at least 72 consecutive hours of off-duty time before starting the new cycle. (3) For the purpose of the cycle requirements of this Regulation, a driver’s accumulated hours at the start of each new cycle are deemed to be zero and the driver’s hours start to accumulate again at the start of the cycle. Note: After a cycle reset the operator may: Designate a different start time for the day; and Designate a different cycle for the driver
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Mandatory 24 Hours Off Duty
13. (1) Subject to section 14, a driver shall not drive unless the driver has taken at least 24 consecutive hours of off-duty time in the preceding 14 days. 13. (1) Subject to section 14, a driver shall not drive unless the driver has taken at least 24 consecutive hours of off-duty time in the preceding 14 days.
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Cycle Requirement Adverse Driving Conditions
15. (1) A driver who encounters adverse driving conditions while driving a commercial motor vehicle may, (2) If, as a result of subsection (1), the driver exceeds the on-duty time for the cycle permitted by sections 12 to 14, the cycle requirements under those sections must be met by the end of the following day. 15. (1) A driver who encounters adverse driving conditions while driving a commercial motor vehicle may, If, as a result of subsection (1), the driver exceeds the on-duty time for the cycle permitted by sections 12 to 14, the cycle requirements under those sections must be met by the end of the following day. IF THE DRIVER IS ON THE 14 DAY CYCLE THE REQUIREMENT TO HAVE 24 HOURS OFF EVERY 70 HOURS, WOULD BE EXTENDED BY THE 2 HOURS IF THE ADVERSE DRIVING CONDITIONS OCCURRED ON THAT DAY
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Records January 1, 2007 Module 7 – Record keeping
In this module we will look at record keeping requirements, including daily logs and local time records. January 1, 2007
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General Requirements 16. (1) Time recorded in a driver’s daily log and in the operator’s record required by subsection 18(3) must be the local time at the driver’s home terminal at the start of each cycle. (2) The same local time applies for the duration of a driver’s cycle. Records to be in local time Section 16 16. (1) Time recorded in a driver’s daily log and in the operator’s record required by subsection 18(3) must be the local time at the driver’s home terminal at the start of each cycle. (2) The same local time applies for the duration of a driver’s cycle. Home Terminal is defined in Section 1 “home terminal” for any driver, means the location at which the driver ordinarily reports for work, including an operator’s place of business;
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Daily Log Requirements
A daily log can be made in three different formats: A handwritten daily log; A computer generated daily log; A recording device generated daily log. S. 17 Daily log requirement 17. (1) Every driver shall keep a daily log each day that accounts for all of the driver’s on duty time and off-duty time for that day. (2) An operator shall require every driver to keep a daily log in accordance with the Regulation. Daily logs can be made in 3 different formats: handwritten, computer generated, or made by means of a recording device installed in the vehicle. Click on link if you want to skip the daily log provisions.
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Daily Log Requirements
Daily Log Requirement 17. (1) Every driver shall keep a daily log each day that accounts for all of the driver’s on duty time and off-duty time for that day. (2) An operator shall require every driver to keep a daily log in accordance with the Regulation. S. 17 Daily log requirement 17. (1) Every driver shall keep a daily log each day that accounts for all of the driver’s on duty time and off-duty time for that day. (2) An operator shall require every driver to keep a daily log in accordance with the Regulation.
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Integrity of Daily Logs
27. (1) No person shall enter inaccurate information in a daily log or falsify, mutilate or deface a daily log or any supporting documents. (2) An operator shall not request, require or allow a driver to contravene this section. 27. (1) No person shall enter inaccurate information in a daily log or falsify, mutilate or deface a daily log or any supporting documents. (2) An operator shall not request, require or allow a driver to contravene this section.
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Daily Log Contents 19. (1) A driver shall, at the start of each day, enter the following information in the daily log: 1. The driver’s name. 2. The date. 3. The name of the driver’s co-drivers, if any. 4. The start time of the day being recorded, if the day does not start at midnight. Contents of daily log S. 19 19. (1) A driver shall, at the start of each day, enter the following information in the daily log: 1. The driver’s name. 2. The date. 3. The name of the driver’s co-drivers, if any. 4. The start time of the day being recorded, if the day does not start at midnight.
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Daily Log Contents 5. The cycle that the driver is following. 6. The odometer reading, at the start of the day of the commercial motor vehicle to be operated by the driver. 7. The number of hours of on-duty time and the number of hours of off-duty time, within the meaning of this Regulation, that the driver accumulated each day during the 14 days immediately before the start of the day, for which the driver was exempt from this Regulation and not required to keep a daily log, recorded in the “Remarks” section of the daily log. 5. The cycle that the driver is following. 6. The odometer reading, at the start of the day of the commercial motor vehicle to be operated by the driver. 7. The number of hours of on-duty time and the number of hours of off-duty time, within the meaning of this Regulation, that the driver accumulated each day during the 14 days immediately before the start of the day, for which the driver was exempt from this Regulation and not required to keep a daily log, recorded in the “Remarks” section of the daily log. (OR SEE SUBSECTION 4 FOR ANOTHER OPTION)
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Daily Log Contents 8. The number plate of each commercial motor vehicle to be driven and each trailer to be drawn by the driver on the day. 9. The name of the operator for whom the driver is to drive during the day. 10. The address of the driver’s home terminal and of the principal place of business of the operator for whom the driver is to drive during the day. 8.The number plate of each commercial motor vehicle to be driven and each trailer to be drawn by the driver on the day. 9.The name of the operator for whom the driver is to drive during the day. 10.The address of the driver’s home terminal and of the principal place of business of the operator for whom the driver is to drive during the day. Click on “Daily Log” to have illustration of a daily log appear 1st click – will illustrate what information is required at the start of the day. 2nd click illustrates that a driver who does not have daily logs for the previous 14 days must record the hours of on duty time and off duty time in the preceding 14 days. 3rd click will cover up the previous illustration CLICK ON THE BACK ARROW TO RETURN TO PREVIOUS PAGE
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Daily Log Contents (2) A driver shall, over the course of each day, enter the following information in the daily log: 1. The start time and end times for each duty status during the day. 2. Each city, town, village or highway location and the province or state where the driver’s duty status changes. (2) A driver shall, over the course of each day, enter the following information in the daily log: 1. The start time and end times for each duty status during the day. 2. Each city, town, village or highway location and the province or state where the driver’s duty status changes. Click on the “Daily Log” 1st click illustrates what information must be recorded during the day 2nd click illustrates the information that a driver using time deferral must include. CLICK ON THE BACK ARROW TO RETURN TO PREVIOUS PAGE
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Daily Log Contents (3) A driver shall, at the end of each day, enter the following information in the daily log: 1. The total time spent in each duty status during the day. 2. The odometer reading at the end of the day. 3. The total distance driven by the driver. (2) A driver shall, at the end of each day, enter the following information in the daily log: 1. The total time spent in each duty status during the day. 2. The odometer reading at the end of the day. 3. The total distance driven by the driver. Click on “Daily Log” 1st click illustrates information required on the daily log at the end of the day CLICK ON THE BACK ARROW TO RETURN TO PREVIOUS PAGE
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Daily Log Contents (4) A driver is not required to record the information described in paragraph 7 of subsection (1) for any day for which the driver carries copies of the records required to be kept by the operator under subsection 18(3). A driver is not required to record the information described in paragraph 7 of subsection (1) for any day for which the driver carries copies of the records required to be kept by the operator under subsection 18(3). This gives drivers an option, they must have 15 days of logs, they must enter the number of on duty and off-duty hours for each of the preceding days or they must have the time records required for local drivers.
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Daily Log Contents – Multiple Deliveries / Pickups
(5) If the driver is on duty within a municipality such that a number of periods of driving time is interrupted by a number of periods of other on-duty time of less than one hour each, (a) instead of recording the information described in paragraph 1 of subsection (2), the periods of driving time may be combined and the periods of other on-duty time may be combined; (b) the driver is not required to record the information described in paragraph 2 of subsection (2) with respect to the periods that have been combined under clause (a); and (c) the driver shall enter in the “Remarks” section of the daily log the municipality in which he or she is on duty. (5) If the driver is on duty within a municipality such that a number of periods of driving time is interrupted by a number of periods of other on-duty time of less than one hour each, (a) instead of recording the information described in paragraph 1 of subsection (2), the periods of driving time may be combined and the periods of other on-duty time may be combined; (b) the driver is not required to record the information described in paragraph 2 of subsection (2) with respect to the periods that have been combined under clause (a); and (c) the driver shall enter in the “Remarks” section of the daily log the municipality in which he or she is on duty. This allows a driver to accumulate their driving time and on-duty other than driving time when they are in a municipality (I.e a courier driver who may have 15 deliveries within a city.) MUNICIPAL ACT DEFINITION A municipality is defined as a geographic area in which the inhabitants are incorporated (i.e., town, city, township, county) but the vehicle must be used as a public transit service.
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Daily Log Contents Handwritten Daily Log 20. (1) If the daily log is handwritten, the entries required by section 19 shall be made legibly. (2) If the daily log is handwritten, the driver shall sign each page at the end of the day, attesting to the accuracy of the information recorded on it. (3) A handwritten daily log shall include a duty status graph grid in Form 1. S. 20 Handwritten daily log 20. (1) If the daily log is handwritten, the entries required by section 19 shall be made legibly. (2) If the daily log is handwritten, the driver shall sign each page at the end of the day, attesting to the accuracy of the information recorded on it. A handwritten daily log shall include a duty status graph grid in Form 1.
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Required to Carry Daily Logs and Supporting Documents
23. (1) A driver who is required to keep a daily log shall not drive unless the driver has in his or her possession, (a) a copy of the daily logs or a copy of the record required to be kept under subsection 18 (3), for the preceding 14 days; (b) the daily log for the current day, completed up to the time at which the last change in driver’s duty status occurred; and (c) any supporting documents. S. 23 23. A driver who is required to keep a daily log shall not drive unless the driver has in his or her possession, (a) a copy of the daily logs or a copy of the record required to be kept under subsection 18 (3), for the preceding 14 days; (b) the daily log for the current day, completed up to the time at which the last change in driver’s duty status occurred; and (c) any supporting documents.
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Required to surrender daily logs and supporting documents (cont.)
(2) A driver shall forthwith surrender the documents referred to in subsection (1) for inspection upon demand of an inspector. (2) A driver shall forthwith surrender the documents referred to in subsection (1) for inspection upon demand of an inspector. HTA 216.1 Surrender of documents (3) Where a commercial vehicle and its contents and equipment are examined under this section, the officer conducting the examination may require the driver, operator or other person in control of the vehicle to surrender all documents relating to the ownership and operation of the vehicle and to the carriage of the goods, and to furnish all information within that person’s knowledge relating to the details of the current trip. Copies (4) An officer obtaining a document under subsection (3) may take the document for the purpose of making a copy of it, but the copying shall be done as quickly as reasonably possible and the document copied shall be promptly returned.
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Document Forwarded to Operator
24. (1) A driver shall, within 20 days after completing a daily log, forward the original daily log and supporting documents to a place of business of the operator. An operator shall ensure that every driver complies with subsection (1). Company policy is that your logs are to be handed in with your trip paperwork. 20. (1) A driver shall, within 20 days after completing a daily log, forward the original daily log and supporting documents to a place of business of the operator. (2) An operator shall ensure that every driver complies with subsection (1).
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Retention of Documents by Operator
A motor carrier must maintain your logs for a period of six months from receipt. This means your logs can be audited by the MTO during a facility audit for up to six months after you complete it. 25. (1) An operator shall, (a) deposit each daily log and its supporting documents at its principal place of business within 30 days after receiving them; and (b) keep, for at least six months, at its principal place of business, (i) all the daily logs and supporting documents for each driver, in chronological order, (ii) the records required by subsection 18 (3) in respect of each driver, and (iii) the records required by section 28.
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Operators to Monitor Drivers’ Compliance
28. (1) An operator shall monitor each driver’s compliance with this Regulation. (2) If an operator determines that a driver has failed to comply with any provision of this Regulation, the operator shall record the details of the non- compliance and of the remedial action taken by the operator in response to it. 28.(1) An operator shall monitor each driver’s compliance with this Regulation. (2) If an operator determines that a driver has failed to comply with any provision of this Regulation, the operator shall record the details of the non-compliance and of the remedial action taken by the operator in response to it.
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