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

Regulations are current to 2020-09-09 and last amended on 2019-06-12. Previous Versions

AMENDMENTS NOT IN FORCE

  • — SOR/2019-165, s. 1

      • 1 (1) [In force]

      • (2) The definitions daily log and electronic recording device in section 1 of the Regulations are repealed.

      • (3) [In force]

      • (4) The definitions home terminal, principal place of business and supporting document in section 1 of the Regulations are replaced by the following:

        home terminal

        home terminal means the place of business of a motor carrier at which a driver ordinarily reports for work and, for the purposes of recording information related to the driver’s record of duty status, includes a temporary work site designated by the motor carrier. (gare d’attache)

        principal place of business

        principal place of business means the place or places designated by the motor carrier where records of duty status and supporting documents are stored. (établissement principal)

        supporting document

        supporting document means any one of the following documents or information received or prepared by a driver in the course of their duties or received or prepared by the motor carrier:

        • (a) any electronic mobile communication record reflecting communications between a driver and a motor carrier transmitted through a driver call-in or fleet management system;

        • (b) any payroll record, settlement sheet or equivalent document that indicates payments to the driver;

        • (c) any government-issued document indicating the location of the commercial vehicle;

        • (d) any reports, receipts, records or other documentation relating to the load of the commercial vehicle, including any bill of lading, itinerary, schedule or equivalent document that indicates the origin and destination of each trip;

        • (e) any reports, receipts, records or other documentation relating to the servicing, repairing, conditioning, fuelling, inspection or rental of the commercial vehicle; and

        • (f) any reports, dispatch or trip records, receipts, or other documentation indicating the date, time, or location of the commercial vehicle during a trip, including arrival and departure times. (document justificatif)

      • (5) to (10) [In force]

      • (11) Section 1 of the Regulations is amended by adding the following in alphabetical order:

        record of duty status

        record of duty status means a record in which a driver records the information required under section 77 or 82, as the case may be, for each day. (rapport d’activités)

  • — SOR/2019-165, s. 5

    • 5 Paragraph 16(e) of the Regulations is replaced by the following:

      • (e) there is a declaration in the record of duty status 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.

  • — SOR/2019-165, s. 16(4)

      • 16 (4) Paragraph 63(4)(b) of the Regulations is replaced by the following:

        • (b) the time is fully and accurately recorded in the record of duty status as off-duty time and denoted as waiting or standby time; and

  • — SOR/2019-165, s. 21(2)

      • 21 (2) Paragraph 67(1)(c) of the Regulations is replaced by the following:

        • (c) make available for inspection by the director, on request, the records of duty status and the supporting documents of the drivers of the commercial vehicles in respect of which the permit applies; and

  • — SOR/2019-165, s. 23(5)

      • 23 (5) Subsection 76(4) of the Regulations is replaced by the following:

        • (4) A driver who extends their driving, on-duty or elapsed time because of an emergency or adverse driving conditions shall record the reason for doing so in the record of duty status.

  • — SOR/2019-165, s. 24

    • 24 The Regulations are amended by adding the following after section 76:

      ELD Records of Duty Status

      Electronic Logging Device

        • 77 (1) A motor carrier shall ensure that each commercial vehicle that it operates is equipped with an ELD that meets the requirements of the Technical Standard, and shall ensure that it is mounted in a fixed position during the operation of the commercial vehicle and is visible to the driver when the driver is in the normal driving position, with the exception of commercial vehicles that are

          • (a) operated by a motor carrier under a permit;

          • (b) operated by a motor carrier to which an exemption has been issued under the Act;

          • (c) the subject of a rental agreement of no longer than 30 days that is not an extended or renewed rental of the same vehicle; or

          • (d) manufactured before model year 2000.

        • (2) The motor carrier shall require the driver to record, and the driver shall record for each day, in accordance with these Regulations and the Technical Standard, all the information associated with their record of duty status as their duty status changes.

        • (3) Subsections (1) and (2) do not apply if

          • (a) the driver drives or is instructed by the motor carrier to drive a commercial vehicle within a radius of 160 km of the home terminal;

          • (b) the driver returns to the home terminal each day to begin a minimum of 8 consecutive hours of off-duty time; and

          • (c) the motor carrier maintains accurate and legible records showing, for each day, the cycle the driver followed and on-duty times and keeps those records and the supporting documents relating to those records for a minimum period of 6 months after the day on which each record was recorded.

        • (4) If a motor carrier authorizes a driver to operate a commercial vehicle for yard moves within a terminal, depot or port and that is not on a public road, the motor carrier shall ensure that the driver’s ELD has been configured so that the driver can indicate those moves.

        • (5) A driver shall manually input or verify the following information in the ELD:

          • (a) the date and the start time, if different from midnight, and their driver identification number;

          • (b) the cycle that the driver is following;

          • (c) the commercial vehicle licence plates as well as the unit number or trailer number, if applicable;

          • (d) the names and the addresses of the home terminal and the principal place of business of the motor carrier by which the driver was employed or otherwise engaged during that day;

          • (e) the commercial vehicle’s location description, if it is not automatically drawn from the ELD’s geo-location database;

          • (f) if the driver was not required to keep a record of duty status immediately before the beginning of the day, the number of hours of off-duty time and on-duty time that were accumulated by the driver each day during the 14 days immediately before the beginning of the day;

          • (g) any deferral of off-duty time under section 16;

          • (h) if the driver was working for more than one motor carrier during the current day or the previous 14 days

            • (i) for each day during the 14 days immediately before the current day, the total number of hours for each duty status that were accumulated by the driver, and the beginning and end time of each 16-hour period referred to in subsection 13(3), and

            • (ii) the start and end times of each duty status in the current day, before the use of the ELD; and

          • (i) any annotation necessary to complete the record of duty status.

        • (6) No motor carrier shall request, require or allow a driver to use, and no driver shall use, more than one ELD at the same time for the same period.

        • (7) The motor carrier shall ensure that each commercial vehicle that it operates carries an ELD information packet containing a current version of the following documents:

          • (a) a user’s manual;

          • (b) an instruction sheet for the driver describing the data transfer mechanisms supported by the ELD and the steps required to generate and transfer the data with respect to the driver’s hours of service to an inspector;

          • (c) an instruction sheet for the driver describing the measures to take in the event that the ELD malfunctions; and

          • (d) a sufficient number of records of duty status to allow the driver to record the information required under section 82 for at least 15 days.

        • (8) The motor carrier shall ensure that the driver records the information related to their record of duty status and the driver is required to record that information in a complete and accurate manner.

      Malfunction

        • 78 (1) A motor carrier shall ensure that any ELD that is installed or used in a commercial vehicle that it operates is in good working order and is calibrated and maintained in accordance with the manufacturer’s or seller’s specifications.

        • (2) If a driver of a commercial vehicle becomes aware of the fact that the ELD is displaying a malfunction or data diagnostic code set out in Table 4 of Schedule 2 of the Technical Standard, the driver shall notify the motor carrier that is operating the commercial vehicle as soon as the vehicle is parked.

        • (3) The driver shall record, in the record of duty status on the day on which he or she noticed the malfunction or data diagnostic code, the following information:

          • (a) the malfunction or data diagnostic code as set out in Table 4 of Schedule 2 of the Technical Standard;

          • (b) the date and time when the malfunction or data diagnostic code was noticed; and

          • (c) the time when notification of the malfunction or data diagnostic code was transmitted to the motor carrier.

        • (4) The driver shall record the code referred to in paragraph (3)(a) in each record of duty status following the day on which the code was noticed, until the ELD is repaired or replaced.

        • (5) A motor carrier shall, within 14 days after the day on which it was notified of an ELD malfunction or data diagnostic code by the driver or otherwise became aware of it, or at the latest, upon return of the driver to the home terminal from a planned trip if that return exceeds the 14-day period, repair or replace the ELD.

        • (6) The motor carrier shall maintain a register of ELD malfunction or data diagnostic codes for ELDs installed or used in commercial vehicles that it operates for which a malfunction was noticed, and that register shall contain the following information:

          • (a) the name of the driver who noticed the malfunction or data diagnostic code;

          • (b) the name of each driver that used the commercial vehicle following the discovery of the malfunction or data diagnostic code until the ELD was repaired or replaced;

          • (c) the make, model and serial number of the ELD;

          • (d) the licence plate of the commercial vehicle in which the ELD is installed or used, or the Vehicle Identification Number;

          • (e) the date when the malfunction or data diagnostic code was noticed and the location of the commercial vehicle on that date, as well as the date when the motor carrier was notified or otherwise became aware of the code;

          • (f) the date the ELD was replaced or repaired; and

          • (g) a concise description of the actions taken by the motor carrier to repair or replace the ELD.

        • (7) The motor carrier shall retain the information set out in subsection (6) for each ELD for which a malfunction was noticed for a period of 6 months from the day on which the ELD is replaced or repaired.

      Accounts

      • 78.1 A motor carrier shall create and maintain a system of accounts for ELDs that is in compliance with the Technical Standard and that

        • (a) allows each driver to record their record of duty status in a distinct and personal account; and

        • (b) provides for a distinct account for the driving time of an unidentified driver.

      Certification of Record of Duty Status

      • 78.2 A driver shall, immediately after recording the last entry for a day, certify the accuracy of their record of duty status.

      Verification of Records of Duty Status

        • 78.3 (1) A motor carrier shall verify the accuracy of the certified records of duty status that are forwarded by the driver according to the supporting documents provided and shall require from the driver those changes necessary to ensure the accuracy of the records.

        • (2) The driver shall either accept or reject the changes required by the motor carrier, make the necessary changes and recertify the accuracy of their record of duty status and forward the amended records of duty status to the motor carrier.

  • — SOR/2019-165, s. 26

    • 26 The heading “Daily Logs” before section 80 of the Regulations is replaced by the following:

      Other Records of Duty Status

  • — SOR/2019-165, s. 27(1)

      • 27 (1) Subsection 81(1) of the Regulations is replaced by the following:

          • 81 (1) A motor carrier shall require every driver to fill out, and every driver shall fill out a record of duty status each day that accounts for all of the driver’s on-duty time and off-duty time for that day if

            • (a) the driver is driving a commercial vehicle as set out in paragraphs 77(1)(a) to (d); or

            • (b) the ELD is displaying a malfunction or data diagnostic code set out in Table 4 of Schedule 2 of the Technical Standard.

  • — SOR/2019-165, s. 28(4)

      • 28 (4) Paragraphs 82(1)(f) and (g) of the Regulations are replaced by the following:

        • (f) if the driver was not required to keep a record of duty status immediately before the beginning of the day, the number of hours of off-duty time and on-duty time that were accumulated by the driver each day during the 14 days immediately before the beginning of the day; and

        • (g) if applicable, a declaration in the record of duty status that states that the driver is deferring off-duty time under section 16 and that clearly indicates whether the driver is driving under day one or day two of that time.

  • — SOR/2019-165, s. 29

    • 29 Section 83 of the Regulations and the heading before it are repealed.

  • — SOR/2019-165, s. 30

    • 30 The Regulations are amended by adding the following before the heading before section 84:

      Possession, Distribution and Keeping of Records of Duty Status

  • — SOR/2019-165, s. 32

    • 32 Section 85 of the Regulations is replaced by the following:

        • 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.

  • — SOR/2019-165, s. 33

    • 33 The heading before section 86 of the Regulations is replaced by the following:

      Tampering

  • — SOR/2019-165, s. 34

    • 34 Subsection 86(2) of the Regulations is replaced by the following:

      • (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.

  • — SOR/2019-165, s. 35

    • 35 The heading before section 87 of the Regulations is replaced by the following:

      Monitoring by Motor Carriers

  • — SOR/2019-165, s. 37

      • 37 (1) [In force]

      • (2) Paragraph 91(1)(d) of the Regulations is replaced by the following:

        • (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; or

      • (3) [In force]

      • (4) Subsection 91(1) of the Regulations is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (e) and by adding the following after paragraph (e):

        • (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.

      • (5) and (6) [In force]

  • — SOR/2019-165, s. 39

    • 39 The heading before section 98 and sections 98 and 99 of the Regulations are replaced by the following:

      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.

  • — SOR/2019-165, s. 43

    • 43 Schedules 2 and 3 to the Regulations are replaced by the Schedules 2 and 3 set out in the schedule to the Regulations.

  • — SOR/2019-165, s. 44

    • 44 The Regulations are amended by replacing “daily log” and “daily logs” with “record of duty status” and “records of duty status”, respectively, in the following provisions:

      • (a) subparagraph (b)(v) of the definition on-duty time in section 1;

      • (b) paragraphs 17(b) and (d)

      • (c) subsection 64(2);

      • (d) section 80;

      • (e) the heading before section 81;

      • (f) the heading before section 82;

      • (g) the portion of subsection 82(1) before paragraph (a) and subsections 82(2), (4) and (6);

      • (h) the heading before section 84;

      • (i) the portion of section 84 before paragraph (a) and paragraphs 84(a) and (b);

      • (j) the heading before section 85;

      • (k) subsection 86(1); and

      • (l) paragraphs 91(1)(c) and (e) and subsection 91(4).

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