1. HOURS OF SERVICE COMPLIANCE
Module 8
HOURS OF SERVICE COMPLIANCE

2. Purpose Federal and Provincial Legislation
How to record and maintain daily log books
Driver responsibilities and requirements
Employer responsibilities and requirements
Importance of rest for collision avoidance
Exemptions for hours of services
Consequences of violations

3. Legislation Why are they regulated Federal Provincial
Hours of service are regulated to help reduce collisions caused by driving while fatigued. Drivers are required to complete and carry a log or time record to verify that the hours they worked comply with regulations. Drivers are required to maintain a complete, legible and accurate log book in electronic or written format. The log book must have the capability for drivers to record activities that occur 24 hours, 7 days of the week. It is also the driver’s obligation to understand and follow the hours of service legislation.
Both the federal and provincial governments oversee these regulations. Federal hours of service legislation apply to all commercial drivers in Canada. Saskatchewan and Alberta are the only two provinces in Canada that also have provincial hours of service legislation. Saskatchewan legislation applies to carriers and their drivers who operate vehicles solely within Saskatchewan. The federal legislation applies to carriers and their drivers who operate one or more vehicles outside of Saskatchewan. Once it has been determined that a carrier falls within the federal legislation, all the drivers of the carrier’s regulated vehicles must comply to federal requirements, even those that never leave Saskatchewan.
This training course will focus on federal hours of service however a brief summary of Saskatchewan’s provincial hours of service is included.

4. Provincial Hours of Service
Maximum Hours
Minimum off Duty
Who it applies to
The Provincial hours of service regulations define the maximum driving hours and minimum off-duty requirements for driver commercial vehicles in Saskatchewan. These requirements have been outlined to prevent fatigue related incidents. It is important that carriers and drivers understand and abide by the provincial driver’s hours of service laws.
Application
The law is applicable to:
Carriers with a Provincial Operating Status (intra-provincial Operation).
Note: Carriers operating all regulated vehicles only in Saskatchewan are referred to as provincially regulated carriers.
A bus (a commercial vehicle designed to carry 11 or more people including the driver) 130(1)(a) Traffic Safety Act A vehicle registered for a weight of 5,000 kilograms or more (Driver’s Hours of Service Regulation).
Does not apply to:
“Emergency vehicles” as defined in Section 1(m) of the Traffic Safety Act;
Commercial vehicles transporting goods or passengers for the purpose of:
Providing relief in the case of a natural disaster or a disaster caused by human intervention;
F-plated vehicles
Two or three-axle vehicles (contact SGI Carrier and Vehicle Safety Services for more information)
Recreational vehicles;
Urban transit buses
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5. Federal Hours of Service
Maximum Hours
Minimum off Duty
Who it applies to
The federal drivers’ hours of service regulations are more restrictive than Saskatchewan’s regulations. Canada’s Commercial Vehicle Drivers Hours of Service Regulation applies to carries and drivers who operate in multiple provinces, territories or states. It is important to realize that the federal regulation has daily, work shift and cumulative cycle limits that all must be met every day. The following is only a summary of the main regulatory requirements.

6. On and Off Duty Definition of On-Duty Definition of Off-Duty
Definition of On- and Off-Duty
In the federal drivers’ hours of service regulations, “on-duty time” means the period that begins when a driver begins work or is required by the motor carrier to be available to work. This period ends when the driver stops working. On-duty time includes driving time and time spent by the driver:
Inspecting, servicing, repairing, conditioning or starting a commercial vehicle;
Travelling in a commercial vehicle as a co-driver, when the time is not spent in the sleeper berth;
Participating in the loading or unloading of a commercial vehicle;
Inspecting or checking the load of a commercial vehicle;
Waiting for a commercial vehicle to be serviced, loaded, unloaded or dispatched;
Waiting for a commercial vehicle or its load to be inspected;
Waiting at an en-route point because of a collision or other unplanned occurrence or situation;
Resting in or occupying a commercial vehicle for any other purpose except;
Time spent travelling as an off-duty passenger;
Time spent in a sleeper berth;
Time spent in a stationary commercial vehicle to satisfy off-duty time requirements
Performing any work for any motor carrier.
“Off-duty time” means any period other than on-duty time and includes “sleeper berth time.” The requirements of these duty statuses as well as the “driving time” limitations will be discussed in greater detail in the sections to follow.

7. Sleeper Berth Periods How this can be split into shorter periods
How can it be split when team driving
Off-duty periods can be split into shorter periods, as defined in sections 18 and 19 of the federal government’s Commercial Vehicle Drivers Hours of Service Regulations.
A driver may split sleeper berth time instead of taking 8 consecutive hours off to end a work shift. A single driver may take 2 periods of sleeper berth time at least 2 hours long, combined to make at least 10 hours off. For example:
8 hours + 2 hours
5 hours+ 5 hours
6 hours + 4 hours
A team of drivers may split their sleeper berth time into 2 periods lasting at least 4 hours long combined to make at least 8 hours off. For example:
4 hours + 4 hours
5 hours + 4 hours
The off-duty time must be spent resting in the sleeper berth and cannot be deferred to the next day. To switch back to a regular shift, the driver must take 8 consecutive hours off duty. This off duty time can be a combination of sleeper berth period and off duty time.

8. Daily Limits In a 24 hour period
During a day (a consecutive 24-hour period determined by the carrier) a driver cannot drive:
After having driven 13 hours; or
After being on-duty for 14 hours
In each day a driver must take 10 hours of off-duty time, 8 of the hours off being consecutive. The other two hours must be taken in no less than 30 minute periods.
Some concessions apply.

9. Shift Limits
During a work shift (a work shift starts after the driver has 8 consecutive hours off), a driver cannot drive:
After having driven 13 hours;
After being on-duty for 14 hours;
After 16 hours of time has elapsed since the conclusion of their most recent 8 hours of consecutive off-duty time (counting the time elapsed from the start of the work shift to the end. For example, driving time and off duty time).

10. Cycle Limits Cycle 1 Hours Cycle 2 Hours
A carrier must ensure their drivers are following Cycle 1 or 2. The driver must then indicate which cycle they are operating under on their daily log. Depending on the cycle, the driver shall not drive after accumulating:
Cycle hours of on-duty time in 7 consecutive days; or
Cycle hours of on-duty time in 14 consecutive days.
Drivers using Cycle 2 are required to take at least 24 consecutive hours off prior to reaching their 70th hour of on duty time. Drivers have the option to switch cycles if they like. A driver operating on Cycle 1 may reset their accumulative hours back to zero by taking 36 consecutive hours off duty. A driver operating on Cycle 2 may reset their accumulative hours to zero by taking 72 consecutive hours off-duty. A driver cannot move from one cycle to the other without taking a reset. No driver may drive unless they have taken at least 24 consecutive hours off in the preceding 14 days.

11. Mandatory 24 Hours Off Duty
According to Section 25, a driver may not drive unless they have taken at least 24 consecutive hours of off-duty time in the preceding 14 days. This rule applies regardless of whether a driver follows Cycle 1 or 2.
A driver is only in violation of the mandatory 24 hours off duty if the driver is driving after reaching the 14-day limit. The driver may continue to work without having a 24-hour period of off-duty time in the preceding 14 days as long as that work does not involve driving an NSC regulated vehicle.
The driver below is on duty for 14 days, but does not reach the Cycle 1 or Cycle 2 limit. In this case the driver must take 24 consecutive hours of off-duty time before driving again.

12. Off Duty Time Deferrals
A driver may defer a maximum of 2 hours of the daily off-duty time to the following day if they are not splitting time-off duty time in accordance with section 18 or 19 of the federal government’s Commercial Vehicle Drivers Hours of Service Regulations and if:
The off-duty time deferred is not part of the mandatory 8 consecutive hours of off-duty time;
Only the extra 2 hours required may be deferred
The total off-duty time taken in the 2 days is at least 20 hours;
The driver isn’t splitting his/her off duty time (split sleeper)
The off-duty time deferred is added to the 8 consecutive hours of off-duty time taken in the second day;
The total driving time in the 2 days does not exceed 26 hours; and
There is a declaration in the “Remarks” section of the daily log that states that the driver is deferring off-duty time under this section and that clearly indicates whether the driver is driving under day one or day two of that time.
Even though a driver could drive up to 15 hours in a day, driver must still not drive after 13 hours of driving in a work shift

13. Emergencies and Adverse Conditions
When you can extend hours of service
How can this be done while still complying with regulation
Federal regulations take into consideration situations where adverse conditions may inhibit drivers from adhering to driving time limits.
A driver who encounters adverse driving conditions while operating the vehicle during a trip in any province 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
The driving, on-duty and elapsed time in the elected cycle is not extended more than 2 hours;
The driver still takes the required 8 consecutive hours of off-duty time; and
The trip could have been completed under normal driving conditions without the reduction.
The adverse driving conditions were not known or could not have been reasonably known by a driver or carrier before the driver began driving.
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14. Daily Logs Information required How to fill in the grid log
Similar to drivers who only operate within Saskatchewan, federal regulations require drivers to fill out a daily log. Information to be included on daily logs includes:
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, the cycle that the driver is following.
The commercial vehicle licence plates or unit numbers (if switching units or trailers, new unit or plate numbers must be recorded on log).
The odometer reading of each of the commercial vehicles operated by the driver at the start and end of the day.
The names and the addresses of the home terminal and the principal place of business of every motor carrier by whom the driver was employed or otherwise engaged during that day.
Notes for the “Remarks” section of the daily log that states that the driver is deferring off-duty time, and if it is day one or day two, if applicable.
Drivers are also required to fill out a log grid (Schedule 2 of the federal Hours of Service Regulations).
The grid must be completed as follows:
For each duty status,
Mark the beginning time and the end time, and
Draw a continuous line between the time markers;
Record the name of the municipality or give the location on a highway or in a legal sub-division and the name of the province or state where a change in duty status occurs.
If the driver is engaged in making deliveries in a municipality that result 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.
Enter on the right of the grid the total number of hours of each period of duty status, which total must equal 24 hours.
The log page for off-duty time must not include any information for a day other than “off-duty time other than time spent in a sleeper berth”.
The log book must be signed by the driver to indicate the accuracy of the information recorded.

15. Daily Logs Cont.
Example of how to complete log page for “off-duty time other than time spent in a sleeper berth”

16. Onboard Recording Devices
Electronic Log Books
Requirements
A driver is permitted to use an electronic onboard recording device instead of filling out a log book. The device must still provide all of the required information found in Section 82 of the Commercial Vehicle Drivers Hours of Service Regulations (SOR/ ).
An onboard recording device must also be capable of displaying:
The driving times and other on-duty times for each day when the device is used;
The total on-duty time remaining and the total on-duty time accumulated in the cycle being followed by the driver;
The changes in duty status and the time at which each change occurred for each day on which the device is used;
The times and dates on which the device has been disconnected and reconnected.
There are many different devices out there from apps on your phone to electronic logging devices that connect directly to the engine’s control module. What ever way you choose to go be it paper or electronic, make sure it is in compliance with the regulations for what information is being recorded.

17. Record Radius Record Exemption
Examples of Record Radius
160 Kilometer Radius Record
Driver name: Date: _
Elected Cycle: 1 2
Start Time
End Time
Off-Duty
Driving
On-Duty Not Driving
Remarks
Total Hours
A driver need not complete a daily log if they are eligible for the 160 kilometer radius exemption. This exemption applies ONLY to record keeping requirements. ALL other requirements of the regulation must still be met.
The following conditions must be met to qualify for this exemption:
The driver operates or is instructed by the motor carrier to operate a commercial vehicle within a radius of 160 kilometres of the home terminal;
The driver returns to the home terminal each day to begin a minimum of 8 consecutive hours of off-duty time;
Records are accurate and legible and show for each day, the driver’s duty status and elected cycle, the hour at which each duty status begins and ends and the total number of hours spent in each status;
The carrier keeps those records for a minimum period of 6 months after the day on which they were recorded; and
When a driver is not required to keep a daily log, they must (as noted above) still maintain time records showing, for each calendar day, the driver’s duty status and elected cycle, the hour at which each duty status begins and ends and the total number of hours spent in each status. A sample of what a 160 kilometer radius record may look like is on the next page.

18. Tampering Illegal Companies responsibility
Driver responsible to sign and confirm all is accurate
Could be a out of service penalty
It is against the law to tamper with a daily log. Tampering with the daily log includes any of the following activities:
Driver keeps more than one daily log for any day.
Driver records inaccurate information in a daily log, whether it is handwritten or produced using an electronic device.
Anyone falsifies, mutilates or defaces a daily log or supporting documents.
Safety officer or any other individual alters or tampers with original daily logs.
According to Section 86(2) of the Commercial Vehicle Drivers Hours of Service Regulations (SOR/ ), a carrier is responsible for ensuring their drivers do not falsify their logs. More information about how to monitor drivers’ logs is available later in this module.
Daily logs must be signed at the end of each day to confirm that all of the information recorded in a daily log is accurate. If a log contains false information, a peace officer can still charge a driver with a violation even if the driver has not signed the daily log. They may also issue an out-of-service declaration for any of the violations listed above.

19. Penalties Convictions $5,000.00 $25,000.00
According to the Motor Vehicle Act 18(1), every person who contravenes or fails to comply with any provision of this Act or any regulation or order made under this Act is guilty of an offence punishable on summary conviction. Individuals who are convicted of an offence under this Act are liable to a fine not exceeding five thousand dollars. Corporations who are convicted of an offence under this Act are liable to a fine not exceeding twenty-five thousand dollars.

20. Out of Service Violations
Peace officers
Can be pulled off the road
Administrative penalties
Peace officers can issue tickets to drivers on the road if hours of service records cannot be produced by the driver. Drivers who exceed the hours of service limitation may be prohibited from driving until they have enough hours to drive again. Administrative penalties can also be enforced for not following hours of service laws.

21. Summary Regulations Log book requirements Tampering and penalties
In this module we have discussed the reasons behind the legislation as well as the exemptions. You should have a better understanding of what is required on the log book whether it be paper or electronic. Making sure you fill them out properly and retain them for the minimum of 6 months that is required is a must. The penalties are not worth the risk.

22. What is an acceptable form of log book?
Review
What is an acceptable form of log book?

23. Review - Answer
Paper or Electronic

24. What are the 4 categories that are recorded on a log book?
Review
What are the 4 categories that are recorded on a log book?

25. On-Duty Off-Duty Sleeper Berth On-duty Not Driving
Review - Answer
On-Duty Off-Duty Sleeper Berth On-duty Not Driving

26. What are the cycles and how many hours are in each?
Review
What are the cycles and how many hours are in each?

27. Review - Answer
Cycle 1: 70 hours of on-duty in 7 days Cycle 2: 120 hours on-duty in 14 days

28. Review
When can a driver defer hours of the off duty time to the following day?

29. If they are not splitting time off duty or Inclement weather
Review - Answer
If they are not splitting time off duty or Inclement weather

30. What is the maximum hours that can be deferred?
Review
What is the maximum hours that can be deferred?

31. Review - Answer
2 Hours

32. Summary
Hours of Service Regulations were developed to ensure driver’s get opportunities for adequate rest.
The Log is a legal document and tracks the driver’s daily activity, therefore, all information should be recorded accurately and legibility.
Log books must be retained for a minimum period of 6 months after the day on which they were recorded.