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Version of document from 2006-03-22 to 2006-12-31:

Commercial Vehicle Drivers Hours of Service Regulations, 1994

SOR/94-716

MOTOR VEHICLE TRANSPORT ACT

Registration 1994-11-15

Regulations Respecting Hours of Service of Bus and Truck Drivers Employed or Otherwise Engaged in Extra-Provincial Bus Undertakings or Extra-Provincial Truck Undertakings

P.C. 1994-1873  1994-11-15

Whereas, pursuant to subsection 3(1) of the Motor Vehicle Transport Act, 1987*, the Minister of Transport has consulted with the government of each province affected by the annexed Regulations;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 3(1) of the Motor Vehicle Transport Act, 1987*, is pleased hereby to revoke the Commercial Vehicles Drivers Hours of Service Regulations, made by Order in Council P.C. 1989-1145 of June 15, 1989**, and to make the annexed Regulations respecting hours of service of bus and truck drivers employed or otherwise engaged in extra-provincial bus undertakings or extra-provincial truck undertakings, in substitution therefor.

  •  *R.S., c. 29 (3rd Supp.)

  • **SOR/89-316, 1989 Canada Gazette Part II, p. 3139

Short Title

 These Regulations may be cited as the Commercial Vehicle Drivers Hours of Service Regulations, 1994.

Interpretation

  •  (1) In these Regulations,

    adverse driving conditions

    adverse driving conditions means snow, sleet, fog or other adverse weather conditions, a highway covered with snow or ice, or unusual road and driving conditions that were not apparent on the basis of information known to the driver or the person dispatching the driver immediately before the driver begins any driving time; (mauvaises conditions de la circulation)

    automatic recording device

    automatic recording device means any electric, electronic or electro-mechanical device in a commercial vehicle that is capable of recording periods of duty status, in whole or in part, accurately and automatically; (enregistreur automatique)

    commercial vehicle

    commercial vehicle means, subject to subsection (2), a vehicle that

    • (a) is operated by a motor carrier and propelled otherwise than by muscular power,

    • (b) is a truck, tractor or trailer, or any combination thereof, that has a registered gross vehicle weight in excess of 4 500 kg, or a bus that is designed and constructed to have a designated seating capacity of more than 10 persons, and

    • (c) is used for the transportation of passengers or goods; (véhicule utilitaire)

    daily log

    daily log, in respect of a day, means a record, including a graph grid in the form set out in Schedule I, that contains the information required by subsection 11(2); (fiche journalière)

    day

    day means a calendar day or a 24-hour period that begins at a time designated by the motor carrier using the time standard that is in effect at the driver's home terminal; (jour)

    director

    director, with respect to the Government of Canada, means the Director, Road Safety Programs, Department of Transport, and includes, with respect to any province or territory, any person who is designated to carry out the powers and functions of a director pursuant to subsection 3(1); (directeur)

    driver

    driver means a person who operates a commercial vehicle; (conducteur)

    driving time

    driving time means the period during which a driver operates a commercial vehicle; (heure de conduite)

    duty status

    duty status means, in respect of a driver, any of the following periods:

    • (a) off-duty time, other than off-duty time spent in a sleeper berth,

    • (b) off-duty time spent in a sleeper berth,

    • (c) driving time, or

    • (d) on-duty time, other than driving time; (activité)

    emergency vehicle

    emergency vehicle means any fire-fighting vehicle, ambulance, police vehicle or other vehicle that is used for the purpose of an emergency; (véhicule de secours)

    home terminal

    home terminal means the place of business of a motor carrier at which a driver ordinarily reports for work; (terminus d'attache)

    inspector

    inspector means a peace officer or a person who is designated pursuant to subsection 3(2); (inspecteur)

    motor carrier

    motor carrier means a person who is engaged in the operation of an extra-provincial bus undertaking or an extra-provincial truck undertaking; (transporteur routier)

    off-duty time

    off-duty time means any period other than on-duty time; (heure de repos)

    oil-well service vehicle

    oil-well service vehicle means a specially-constructed vehicle that

    • (a) has been altered or equipped to accommodate a specific service requirement associated with the oil or natural gas industry, and

    • (b) is used exclusively in the oil or natural gas industry for the transportation of equipment or materials to and from oil or natural gas locations or for the servicing of oil and gas wells and ancillary facilities; (véhicule de service de puits)

    on-duty time

    on-duty time means the period that begins when a driver commences work or is required by the motor carrier to be available to work and ends when the driver stops work or is relieved of responsibility by the motor carrier, and includes driving time and time spent by the driver

    • (a) inspecting, servicing, repairing, conditioning or starting a commercial vehicle,

    • (b) travelling in the commercial vehicle as one of two drivers, where the driver is not resting in the sleeper berth,

    • (c) participating in the loading or unloading of a commercial vehicle,

    • (d) inspecting or checking the load of a commercial vehicle,

    • (e) waiting, at the request of the motor carrier by whom the driver is employed or otherwise engaged, for a commercial vehicle to be serviced, loaded or unloaded,

    • (f) waiting for a commercial vehicle or load to be inspected at a customs office or weighing check-point,

    • (g) travelling as a passenger in a commercial vehicle, at the request of the motor carrier by whom the driver is employed or otherwise engaged, to a destination where the driver will commence driving time, if the driver has not had eight consecutive hours of off-duty time immediately after arriving at the destination point,

    • (h) waiting at an en route point because of an accident or other unplanned occurrence or situation,

      • (i) resting in or otherwise occupying a commercial vehicle, except time spent resting in a sleeper berth,

    • (j) performing any other work in the capacity of a motor carrier or driver who is employed or otherwise engaged by a motor carrier, or

    • (k) performing any work for compensation for any non-motor carrier entity; (heure de service)

    out of service

    out of service means the status of a driver who has been so declared by an inspector pursuant to subsection 9(1); (hors service)

    principal place of business

    principal place of business means the location that is designated by a motor carrier as the place where daily logs and supporting documents that are required by these Regulations to be kept are made available to a director or an inspector; (établissement principal)

    recreation vehicle

    recreation vehicle means

    • (a) a wheeled vehicle that is designed to be a mobile accommodation, whether towed or self-propelled, including a cabin trailer, collapsible cabin trailer, tent trailer or camping trailer, and

    • (b) a vehicle that is used to transport recreational equipment such as any snowmobile, watercraft, fishing and hunting equipment, any motorcycle, any bicycle or other similar recreational item, where that transportation is not provided in connection with a commercial enterprise; (véhicule de loisir)

    sleeper berth

    sleeper berth means any sleeping accommodation that is provided in a commercial vehicle and designed, constructed and maintained in accordance with good industrial practice; (couchette)

    supporting documents

    supporting documents includes bills of lading, shipping documents and fuel and accommodation receipts for expenses incurred en route; (documents à l'appui)

    urban transit service

    urban transit service means a passenger bus service that is provided in a municipality or within 25 km of the boundary of a municipality. (service de transport en commun)

  • (2) For the purposes of these Regulations, a commercial vehicle does not include

    • (a) a two-axle or three-axle vehicle used for

      • (i) the transportation of primary products of a farm, forest, sea or lake, where the driver or the motor carrier by whom the driver is employed or otherwise engaged is the producer of the products, or

      • (ii) a return trip after the vehicle was used for the transportation of primary products of a farm, forest, sea or lake, if on the return trip the vehicle is empty or is transporting products used in the principal operation of a farm, forest, sea or lake;

    • (b) an emergency vehicle;

    • (c) a vehicle transporting goods or passengers to provide relief in the case of an earthquake, flood, fire, famine, drought, epidemic, pestilence or other disaster;

    • (d) a recreational vehicle; or

    • (e) an urban transit service bus.

      • SOR/96-381, s. 1

Director

  •  (1) The person who occupies a position set out in column II of an item of Schedule III is hereby designated to carry out, in the province or territory set out in column I of that item, the powers and functions of a director set out in these Regulations.

  • (2) A director may designate any person as an inspector for the purposes of these Regulations.

Off-duty Time

 Subject to section 5 and subsection 6(1), a motor carrier shall not request, require or permit a driver to drive, and no driver shall drive, unless the driver has had at least eight consecutive hours of off-duty time immediately preceding the initial on-duty time on a day, where the on-duty time includes driving time.

 A driver who is driving a commercial vehicle that is equipped with a sleeper berth may accumulate the equivalent of eight consecutive hours of off-duty time by having one period of rest in the sleeper berth immediately preceding on-duty time and one period of rest in the sleeper berth immediately following that on-duty time, where

  • (a) neither of the rest periods is less than two hours; and

  • (b) the number of hours of driving time accumulated immediately preceding and immediately following each rest period does not exceed 13 hours.

  •  (1) Subject to subsections (2) and 8(2), the eight consecutive hours of off-duty time required by section 4 may, once in any period of seven consecutive days, be reduced to not fewer than four consecutive hours if

    • (a) immediately before commencing the reduced hours of off-duty time, the driver has not accumulated more than 15 hours of on-duty time following at least eight consecutive hours of off-duty time; and

    • (b) the driver's number of consecutive hours of off-duty time before the beginning of the next period of driving is not less than eight plus the number of hours by which the driver's prescribed hours of off-duty time were reduced.

  • (2) Subsection (1) does not apply where a reduction in the number of hours of off-duty time jeopardizes or is likely to jeopardize the safety or health of a driver or the public and an inspector or a director directs that the driver comply with the requirement of section 4.

Limitation of Driving Time and On-duty Time

  •  (1) Subject to section 4, subsections (2), (3) and (6) and sections 8 and 10, a motor carrier shall not request, require or permit a driver to drive, and no driver shall drive,

    • (a) after accumulating 13 hours of driving time following at least eight consecutive hours of off-duty time; and

    • (b) after accumulating 15 hours of on-duty time following at least eight consecutive hours of off-duty time.

  • (2) Subject to section 4, subsections (4) and (6) and sections 8 and 10, a motor carrier shall not request, require or permit a driver to drive, and no driver shall drive,

    • (a) after accumulating 60 hours of on-duty time during a period of seven consecutive days;

    • (b) after accumulating 70 hours of on-duty time during a period of eight consecutive days; or

    • (c) subject to subsection (5), after accumulating 120 hours of on-duty time during a period of 14 consecutive days.

  • (3) Subject to section 4 and subsections (4), (6) and 10(1), a motor carrier shall not request, require or permit a driver who drives north of the 60th parallel of north latitude to drive, and no driver who drives north of that parallel shall drive,

    • (a) after accumulating 15 hours of driving time following at least eight consecutive hours of off-duty time; and

    • (b) after accumulating 20 hours of on-duty time following at least eight consecutive hours of off-duty time.

  • (4) Subject to section 4 and subsections (6) and 10(1), a motor carrier shall not request, require or permit a driver who drives north of the 60th parallel of north latitude to drive, and no driver who drives north of that parallel shall drive,

    • (a) after accumulating 70 hours of on-duty time during a period of seven consecutive days;

    • (b) after accumulating 80 hours of on-duty time during a period of eight consecutive days; or

    • (c) subject to subsection (5), after accumulating 120 hours of on-duty time during a period of 14 consecutive days.

  • (5) A driver may not, during the period referred to in paragraph (2)(c) or (4)(c), accumulate more than 75 hours of on-duty time without taking a minimum of 24 consecutive hours of off-duty time.

  • (6) No motor carrier shall request, require or permit a driver to drive, and no driver shall drive, if the driver's faculties are impaired and it is unsafe for that driver to drive.

  • (7) A driver of an oil-well service vehicle shall be exempt from the requirements of subsections (2) and (4) if the driver

    • (a) complies with all other provisions of these Regulations including the daily maximums for driving time and on-duty time; and

    • (b) has received special training directly related to the requirements associated with operating within the field services sector of the oil and natural gas industry.

  • (8) Waiting time and standby time at an oil or natural gas well site or ancillary facility shall not be included as on-duty time if

    • (a) the waiting and standby time is fully and accurately recorded in the daily log as off-duty time and denoted as waiting or standby time in the "Remarks" section;

    • (b) the driver performs no work during the waiting or standby time; and

    • (c) the waiting or standby time is not included as off-duty time for the purpose of meeting the minimum eight consecutive hours of off-duty time required by section 4.

  • (9) The director shall issue a certificate to a motor carrier who qualifies for the exemption under subsection (7) if the carrier

    • (a) agrees to place copies of the certificate in each vehicle in respect of which the exemption applies; and

    • (b) provides the director with a list of vehicles that will permit the director to accurately and quickly identify the vehicles in respect of which the exemption applies.

      • SOR/98-123, s. 2(F)

Permits

  •  (1) Section 7 does not apply to a motor carrier who holds a permit that authorizes the motor carrier to exceed the driving times and on-duty times set out in section 7 if the motor carrier and the driver employed or otherwise engaged by the motor carrier comply with the conditions set out in the permit.

  • (2) Section 4 does not apply to an extra-provincial bus undertaking that holds a permit that authorizes the undertaking to reduce the eight consecutive hours of off-duty time to not fewer than four consecutive hours twice in any period of seven consecutive days.

  • (3) A motor carrier who makes an application for a permit referred to in subsection (1) or (2) shall

    • (a) include in the application

      • (i) the name of the motor carrier,

      • (ii) the name of the driver, where applicable,

      • (iii) a copy of the daily logs or records of on-duty times, for the six months preceding the date of the application, of every driver who is employed or otherwise engaged by the motor carrier and who will operate a commercial vehicle of the motor carrier in accordance with the permit,

      • (iv) the licence number of any driver referred to in subparagraph (iii),

      • (v) the number of commercial vehicles operated by the motor carrier,

      • (vi) a list of all accidents involving the motor carrier or any driver employed or otherwise engaged by the motor carrier that occurred during the six-month period preceding the date of the application,

      • (vii) the requested duration of the permit,

      • (viii) in the case of an extra-provincial truck undertaking, a detailed description of the load and the area in which the load is to be transported, in respect of which the permit is to apply,

      • (ix) in the case of an extra-provincial bus undertaking, a detailed description of the driver's working schedule and the routes, in respect of which the permit is to apply, and

      • (x) the requested driving time, on-duty time and off-duty time;

    • (b) provide the reasons for the application and include evidence in support of those reasons;

    • (c) provide a copy of any permit previously issued to the motor carrier;

    • (d) sign a statement that no other application has been made by the motor carrier for an identical purpose within the six-month period preceding the date of the application; and

    • (e) forward the application to the director of the appropriate province referred to in subsection (8).

  • (4) A director shall issue a permit referred to in subsection (1) and shall fix the duration of the permit and the cumulative driving time and on-duty time authorized by the permit on the basis of the following criteria:

    • (a) the safety and health of the public, the driver or the employees of the motor carrier are not jeopardized thereby; and

    • (b) exceeding the driving time and on-duty time is required

      • (i) to allow a driver following a regular itinerary to reach the home terminal or destination of the driver,

      • (ii) to allow perishable goods to be delivered, or

      • (iii) because of a significant temporary increase in the transportation of goods or passengers by the motor carrier.

  • (5) A director shall issue a permit referred to in subsection (2) and shall fix the duration of the permit and the off-duty time authorized by the permit on the basis of the following criteria:

    • (a) the safety and health of the public, the driver or the employees of the motor carrier are not jeopardized thereby;

    • (b) reducing the off-duty time is required

      • (i) to allow a driver following a regular itinerary to reach the home terminal or destination of the driver, or

      • (ii) because of a significant temporary increase in the transportation of passengers by the motor carrier.

  • (6) A director shall indicate on a permit referred to in subsection (1)

    • (a) the duration of the permit, which duration shall not exceed one year;

    • (b) the cumulative driving time and on-duty time that a driver employed or otherwise engaged by the motor carrier to whom the permit is being issued may be permitted to drive, which times shall not exceed

      • (i) 15 hours of driving time following at least eight consecutive hours of off-duty time,

      • (ii) 18 hours of on-duty time following at least eight consecutive hours of off-duty time, and

      • (iii) 70 hours of on-duty time during a period of seven consecutive days;

    • (c) the reasons why the permit is being issued; and

    • (d) any other conditions required for the safety and health of the driver and the public.

  • (7) A director shall indicate on a permit referred to in subsection (2)

    • (a) the duration of the permit, which duration shall not exceed one year;

    • (b) the cumulative driving time and on-duty time as requested by the motor carrier in the application for a permit, which times shall not exceed

      • (i) 10 hours of driving time following at least eight consecutive hours of off-duty time or following a period of off-duty time reduced in accordance with subsection (2),

      • (ii) 15 hours of on-duty time following at least eight consecutive hours of off-duty time or following a period of off-duty time reduced in accordance with subsection (2), and

      • (iii) 60 hours of on-duty time during a period of seven consecutive days;

    • (c) the off-duty time and the following conditions respecting the off-duty time:

      • (i) immediately before commencing reduced hours of off-duty time, the driver has not accumulated more than 15 hours of on-duty time following at least eight consecutive hours of off-duty time, and

      • (ii) the driver's number of consecutive hours of off-duty time before the beginning of the next period of driving is not less than eight plus the number of hours by which the driver's prescribed hours of off-duty time were reduced;

    • (d) the reasons why the permit is being issued; and

    • (e) any other conditions required for the safety and health of the driver and the public.

  • (8) A permit referred to in subsection (1) or (2) may be issued by a director

    • (a) in the province in which the principal place of business of the motor carrier is located, where the proposed driving time and on-duty time are to be spent within and outside the province;

    • (b) in the province in which most or all of the proposed driving time and on-duty time are to be spent, where those times are to be spent entirely outside the province of the principal place of business of the motor carrier; or

    • (c) in any other case, in any province in which the proposed driving time and on-duty time are to be spent.

  • (9) A director who issues a permit referred to in subsection (1) or (2) may cancel the permit where there is a contravention of this section.

  • (10) A motor carrier who holds a permit referred to in subsection (1) or (2) shall, every six months after the date of its issue, provide the director who issued the permit with copies of the daily logs and the supporting documents and a list of accidents involving any driver employed or otherwise engaged by that motor carrier.

Declaration of Out of Service

  •  (1) Where a driver exceeds the maximum driving times permitted by these Regulations or refuses or is unable to produce for inspection the daily logs referred to in sections 11 and 12, a director or an inspector may declare the driver to be out of service and, where such a declaration is made, shall notify the driver of that declaration in writing.

  • (2) Where a driver is declared to be out of service pursuant to subsection (1), the driver is out of service for a period equal to

    • (a) eight hours, where the driver exceeded the driving time and on-duty time set out in subsection 7(1) or (3) and where subsection 7(2), (4) or (5) did not apply;

    • (b) eight hours, where the driver refuses or is unable to produce for inspection the daily logs referred to in section 11 or 12;

    • (c) 24 hours, where the driver has not complied with subsection 7(5) and the driver's accumulated on-duty time during the period of 14 consecutive days immediately before the declaration of out of service did not exceed 120 hours; or

    • (d) the number of hours that will permit the driver to meet the requirements of subsections 7(2) to (4) in respect of a period set out in any of those subsections.

  • (3) No motor carrier shall request, require or permit a driver who has been declared to be out of service to be on duty, and no driver who has been declared to be out of service shall be on duty, during any period in which the driver is out of service.

Extension of Driving Time and On-duty Time

  •  (1) A driver may, in an emergency, exceed the driving times and on-duty times set out in section 7 to complete a trip or to reach a destination that provides safety for the commercial vehicle occupants and for other users of the road or security for the commercial vehicle and its load.

  • (2) A driver may, in the case of adverse driving conditions, exceed the driving times and on-duty times set out in section 7 by not more than two hours if the trip would have been completed under normal driving conditions within the driving times and on-duty times set out in that section.

Daily Logs

  •  (1) Subject to subsection 14(1), a motor carrier shall require that a daily log be maintained by every driver who is employed or otherwise engaged by the motor carrier, and every driver shall, for that period of employment or engagement, maintain that daily log.

  • (2) The following information shall be entered in a daily log:

    • (a) the date on which the day begins;

    • (b) the name of the driver;

    • (c) the odometer reading;

    • (d) the total distance driven by the driver during the day;

    • (e) the commercial vehicle licence-plate or unit number;

    • (f) the name and the home terminal address or principal place of business of every motor carrier for whom the driver worked or by whom the driver was otherwise engaged during that day;

    • (g) the name of the co-driver, if any;

    • (h) the starting time of the day, where it is a time other than 12:00 midnight; and

    • (i) the total hours spent in each period of duty status.

  • (3) A driver who maintains a daily log shall

    • (a) enter the information required by subsection (2), other than that required by paragraphs (2)(d) and (i), in the daily log when the driver begins on-duty time; and

    • (b) sign the daily log and certify that it is accurate.

  • (4) A driver who maintains a daily log shall complete the graph grid set out in Schedule I that is part of the daily log in accordance with the following procedures:

    • (a) a continuous line shall be drawn between the appropriate time markers on the graph grid to record each period of the driver's duty status;

    • (b) the name of the municipality or location on a highway and the name of the province or state where a change in duty status occurs shall be recorded, and the aggregate of all on-duty times, other than driving time, in such a municipality or location may be entered as a continuous line; and

    • (c) the total hours of each period of the driver's duty status shall be entered to the right of the graph grid, which total must equal 24 hours.

  • (5) Every driver who, en route, has been issued supporting documents shall retain them to substantiate the information set out in the daily log and shall make them available for inspection on request.

  • (6) A driver may use an automatic recording device for recording all periods of a driver's duty status if

    • (a) the driver can provide, on request, the information required by subsection (2) for the previous 7, 8 or 14 consecutive days, as the case may be, by producing that information on a digital display screen of the automatic recording device or in handwritten or computer-generated daily logs, or any combination thereof;

    • (b) the device is capable of displaying

      • (i) the driving time and on-duty time, for each day during which the device is used,

      • (ii) the total on-duty time remaining in 7, 8 or 14 consecutive days, as the case may be, or the total on-duty time accumulated for the 7, 8 or 14 consecutive days, and

      • (iii) the sequential changes in duty status and the time when each change occurred, for each day during which the device is used;

    • (c) the driver is capable of preparing a handwritten daily log from the information stored in the device for each day during which the device is used;

    • (d) the device automatically records when, and indicates that, the device has been disconnected;

    • (e) the device automatically records the times when the vehicle is moving;

    • (f) all hard copies of daily logs that are generated from the information that is stored in the device are signed by the driver certifying that the daily logs are accurate; and

    • (g) the motor carrier provides daily log forms in the commercial vehicle for the driver's use.

Possession of Daily Logs by Driver

  •  (1) A motor carrier shall not request, require or permit a driver who is required to maintain a daily log to drive, and no driver shall drive, unless the driver has in the driver's possession

    • (a) a copy of the daily logs for the preceding seven consecutive days or, if the driving time of the driver is based on a 14-day schedule, a copy of the daily logs for the preceding 14 consecutive days; and

    • (b) the daily log for the current day, completed up to the time at which the last change in the driver's duty status occurred.

  • (2) Every driver shall, on request by a director or an inspector, produce for inspection the daily logs and supporting documents and, where the commercial vehicle has an automatic recording device, the driver shall activate the device to display the information that is stored by it for each day on which the device is used.

  • (3) Every driver shall, on request by a director or an inspector, provide the director or inspector with a copy of the daily logs for the preceding seven consecutive days or, if the driving time of the driver is based on a 14-day schedule, a copy of the daily logs for the preceding 14 consecutive days.

  •  (1) No driver shall maintain more than one daily log in respect of a day.

  • (2) No motor carrier or driver shall falsify a daily log or any information that is stored in an automatic recording device or request, require or permit the daily log or the information to be falsified.

Exemption

  •  (1) Subsection 11(1) does not apply to a driver or motor carrier where

    • (a) the driver operates a commercial vehicle within a radius of 160 km of the home terminal;

    • (b) the driver accumulates no more than 15 hours of on-duty time following at least eight consecutive hours of off-duty time and returns to the home terminal to begin off-duty time; and

    • (c) the motor carrier that employs or otherwise engages the driver maintains, and retains for a period of six months, accurate records showing the driver's on-duty times.

  • (2) Where the circumstances set out in subsection (1) no longer apply to a driver or motor carrier, the driver shall, in addition to the information that is required pursuant to subsection 11(2) to be entered in the daily log, enter the number of hours of on-duty time that were accumulated by the driver during the seven days immediately preceding the day on which the circumstances ceased to apply.

Distribution of Daily Logs

  •  (1) A driver shall, within 20 days after completing a daily log, forward the original daily log and supporting documents to the home terminal of the motor carrier by whom the driver was employed or otherwise engaged.

  • (2) Where a driver is employed or otherwise engaged by more than one motor carrier in a day, the driver shall, within 20 days after completing a daily log, forward the original daily log and supporting documents to the home terminal of the first motor carrier by whom the driver was employed or otherwise engaged and a duplicate copy of the daily log and supporting documents to the home terminal of each other carrier by whom the driver was employed or otherwise engaged.

Retention of Daily Logs

 A motor carrier shall keep all daily logs and supporting documents referred to in section 15 for a period of at least six months and shall ensure that they are readily available for inspection on request by a director or an inspector.

 A motor carrier shall, within 30 days after receiving the daily logs and supporting documents pursuant to section 15, place them at the principal place of business of the motor carrier.

Inspections

  •  (1) A director or an inspector shall, at all times during the exercise of the director's or inspector's functions, carry and, on request, produce evidence of the director's or inspector's designation or of the director's or inspector's title and qualifications.

  • (2) A director or an inspector may enter a motor carrier's home terminal or principal place of business during business hours for the purpose of inspecting the daily logs and supporting documents referred to in section 16.

  • (3) A director or an inspector may request, during business hours, that a motor carrier provide the director or inspector with copies of any or all of the daily logs and supporting documents referred to in section 16.

  • (4) A motor carrier shall, during business hours, make the daily logs and supporting documents referred to in section 16 available for inspection by a director or an inspector and shall, on request by the director or inspector, provide the director or inspector with copies of any or all of those daily logs and supporting documents.

  • (5) No person shall, during business hours, refuse to allow a director or an inspector access to any daily logs or supporting documents referred to in section 16 or refuse to produce them for inspection on request by the director or inspector.

  • (6) No person shall, during business hours, refuse to provide a director or an inspector with copies of any or all of the daily logs and supporting documents referred to in section 16 if requested to do so by the director or inspector.

 Where copies of daily logs and supporting documents are provided pursuant to subsection 18(4), the director or inspector shall

  • (a) forthwith give a receipt in the form set out in Schedule II to the person who provided the copies; and

  • (b) return the copies to the person who provided them within 14 days after receiving them.

SCHEDULE I(Section 2 and subsection 11(4))

DUTY STATUS CHART

GRAPHIC IS NOT DISPLAYED, SEE SOR/94-716, P. 3674.

SCHEDULE II(Paragraph 19(a))Receipt

It is hereby acknowledged that, pursuant to subsection 18(4) of the Commercial Vehicle Drivers Hours of Service Regulations, 1994, copies of the following daily logs and supporting documents were provided by

  —————————————————————————————————————————
  (Name of person)
at
Number, street, municipality, province of the motor carrier)

on the                 day of                  , 19  ,

to wit:

(Description of daily logs and supporting documents received)

————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————

Dated at                , this      day of                , 19  .

Signature

Title

SCHEDULE III(Subsection 3(1))Director

  Column I Column II
Item Province or Territory Position
     
 1. Ontario Director of Compliance Ministry of Transportation
 2. Quebec Vice-président Code de la sécurité routière Société de l'assurance automobile du Québec
 3. Nova Scotia Executive Director and Registrar of Motor Vehicles Department of Transportation and Communications
 4. New Brunswick Registrar of Motor Vehicles Department of Transportation
 5. Manitoba Director Transportation Safety and Regulation Department of Highways and Transportation
 6. British Columbia Senior Vice-President, Operations Insurance Corporation of British Columbia
 7. Prince Edward Island Director Highway Safety Division Department of Transportation and Public Works
 8. Saskatchewan Director Transport Compliance Saskatchewan Highways and Transportation
 9. Alberta Executive Director Safety and Carrier Services Branch Safety and Technical Services Division Alberta Transportation and Utilities
10. Newfoundland Registrar of Motor Vehicles Department of Transportation
11. Yukon Territory Manager Transport Services Department of Community and Transportation Services
12. Northwest Territories Director Motor Vehicle Division Department of Transportation
  •  SOR/96-381, s. 2
  • SOR/98-123, s. 3

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