NLR 46/23 - Hours of Service Regulations, 2023 under the Highway Traffic Act

Short title

1. These regulations may be cited as the Hours of Service Regulations, 2023 .

Definitions

2. In these regulations,

(a) "adverse driving conditions" means snow, sleet, fog or other adverse weather or road conditions that were not known to a driver or a motor carrier dispatching a driver immediately before the driver began driving or could not reasonably have been known to them;

(b) "co-driver " means a person who is present in a commercial vehicle because of having been, or being about to be, its driver;

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

(ii) is a truck, tractor, trailer or any combination of them that has a registered gross vehicle weight in excess of 4,500 kilograms or a bus that is designed and constructed to have a designated seating capacity of more than 10 persons, including the driver;

(d) "cycle " means

(i) cycle 1, under which on-duty time is accumulated over a period of 7 days, and

(ii) cycle 2, under which on-duty time is accumulated over a period of 14 days;

(e) "day ", in respect of a driver, means a 24-hour period that begins at the hour designated by the motor carrier for the duration of the driver's cycle;

(f) "director " means a federal director or a provincial director;

(g) "driver " means

(i) a person who drives a commercial vehicle, and

(ii) with respect to a motor carrier, a person employed or otherwise engaged by the motor carrier to drive a commercial vehicle, including a self-employed driver

and for the purpose of section 47, includes a co-driver;

(h) "duty status" means any of the following periods:

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

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

(iii) driving time, or

(iv) on-duty time, other than driving time;

(i) "electronic logging device" means a device or technology that

(i) automatically records a driver's driving time and facilitates the recording of the driver's record of duty status, and

(ii) is certified by an accredited certification body under section 79.1 of the Commercial Vehicle Drivers Hours of Service Regulations (Canada);

(j) "emergency vehicle" means a fire-fighting vehicle, ambulance, police vehicle or other vehicle that is used for emergency purposes;

(k) "federal director" means the Chief of the Motor Carriers Division of the federal Department of Transport;

(l) "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;

(m) "inspector " means

(i) a person designated under subsection 4(2), or

(ii) a peace officer within the meaning of section 2 of the Criminal Code ;

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

(o) "off-duty time" means any period other than on-duty time;

(p) "oil well service vehicle" means a commercial vehicle that is

(i) specially constructed, altered or equipped to accommodate a specific service requirement associated with the oil or natural gas industry, and

(ii) used exclusively in the oil or natural gas industry for transporting equipment or materials to and from oil or natural gas well facilities or for servicing and repairing oil or natural gas well facilities;

(q) "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, except where the driver is waiting to be assigned 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

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

(ii) travelling in a commercial vehicle as a co-driver when the time is not spent in the sleeper berth,

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

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

(v) waiting before and while a commercial vehicle is serviced, loaded, unloaded or dispatched,

(vi) waiting before and while a commercial vehicle or its load is inspected and the driver's requirements are assessed, and, if relevant, the time spent taking the required remedial actions,

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

(viii) resting in or occupying a commercial vehicle for any other purpose, except

(A) time counted as off-duty time in accordance with section 6,

(B) time spent in a sleeper berth,

(D) time spent in a stationary commercial vehicle that is in addition to the off-duty requirements of subsection 10(3), and

(ix) performing any work for any motor carrier; and

(x) performing yard moves of a commercial vehicle within a terminal, depot or port and that is not on a public road;

(r) "out-of-service declaration" means a declaration issued by a director or inspector under section 44;

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

(t) "provincial director" means, unless the context indicates otherwise, a person designated by the minister under subsection 4(1);

(u) "record of duty status" means a record in which a driver records the information required under section 34 or 39, as the case may be, for each day;

(v) "supporting document" means any one of the following documents or information received or prepared by a driver in the course of the driver's duties or received or prepared by the motor carrier:

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

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

(iii) any government-issued document indicating the location of the commercial vehicle,

(iv) 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,

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

(vi) 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; and

(w) "Technical Standard" means the Technical Standard for Electronic Logging Devices, April 11, 2019, published by the Canadian Council of Motor Transport Administrators, as amended from time to time, other than provision 4.5.1.11(b)(9) of that standard.

46/23 s2

Application

3. (1) These regulations apply to all commercial vehicles except

(a) a two or three-axle commercial vehicle being used for

(i) transporting the primary products of a farm, forest, sea or lake, if the driver or the motor carrier is the producer of the products, or

(ii) a return trip after transporting the primary products of a farm, forest, sea or lake, if 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 engaged in providing relief in the case of a public welfare emergency, as that expression is defined in section 5 of the Emergencies Act (Canada);

(d) a bus that is part of the public transit service that is provided in a municipality, in contiguous municipalities or within 25 kilometres of the boundary of the municipality or contiguous municipalities in which the public transit service is provided; and

(e) a commercial vehicle when driven for personal use, if

(i) the commercial vehicle has been unloaded,

(ii) any trailers have been unhitched,

(iii) the distance travelled does not exceed 75 kilometres in a day,

(iv) the driver has recorded in the record of duty status the odometer reading at the beginning and end of the personal use,

(v) the driver is not the subject of an out-of-service declaration under section 44, and

(vi) the commercial vehicle is not used in the course of the business of the motor carrier.

(2) Notwithstanding subsection (1), the minister may exempt a commercial vehicle or motor carrier from the application of these regulations where that exemption is, in the opinion of the minister, required in the interest of public safety, and the exemption may be subject to the terms and conditions that the minister may impose.

46/23 s3

Director and inspectors designated

4. (1) The minister may designate a person to exercise in the province the duties and functions of a director for the purposes of these regulations.

(2) A director may designate inspectors for the purpose of these regulations.

46/23 s4

Responsibilities of motor carriers, shippers, consignees and drivers

5. A motor carrier, shipper, consignee or other person shall not request, require or allow a driver to drive and a driver shall not drive if

(a) driving would be likely to jeopardize the safety or health of the public, the driver or the employees of the motor carrier;

(b) the driver is the subject of an out-of-service declaration; or

46/23 s5

Travelling as a passenger, off-duty time

6. If a driver who has, at the request of the motor carrier by whom the driver is employed or otherwise engaged, spent time travelling as a passenger, by any mode of transportation, to the destination at which the driver will begin driving takes 8 consecutive hours of off-duty time before beginning to drive, the time spent as a passenger shall be counted as off-duty time.

46/23 s6

PART I
DRIVING SOUTH OF LATITUDE 60° NORTH

Application

7. Sections 8 to 17 apply with respect to driving south of latitude 60° north.

46/23 s7

Daily driving and on-duty time

8. (1) A motor carrier shall not request, require or allow a driver to drive and a driver shall not drive after the driver has accumulated 13 hours of driving time in a day.

(2) A motor carrier shall not request, require or allow a driver to drive and a driver shall not drive after the driver has accumulated 14 hours of on-duty time in a day.

46/23 s8

Mandatory off-duty time

9. (1) A motor carrier shall not request, require or allow a driver to drive and a driver shall not drive after the driver has accumulated 13 hours of driving time unless the driver takes at least 8 consecutive hours of off-duty time before driving again.

(2) A motor carrier shall not request, require or allow a driver to drive and a driver shall not drive after the driver has accumulated 14 hours of on-duty time unless the driver takes at least 8 consecutive hours of off-duty time before driving again.

(3) A motor carrier shall not request, require or allow a driver to drive and a driver shall not drive after 16 hours of time have elapsed between the conclusion of the most recent period of 8 or more consecutive hours of off-duty time and the beginning of the next period of 8 or more consecutive hours of off-duty time.

46/23 s9

Daily off-duty time

10. (1) A motor carrier shall ensure that a driver takes and the driver shall take at least 10 hours of off-duty time in a day.

(2) Off-duty time other than the mandatory 8 consecutive hours may be distributed throughout the day in blocks of no less than 30 minutes each.

(3) The total amount of off-duty time taken by a driver in a day shall include at least 2 hours of off-duty time that does not form part of a period of 8 consecutive hours of off-duty time required by section 9.

46/23 s10

Deferral of daily off-duty time

11. Notwithstanding sections 8 and 10, a driver who is not splitting off-duty time in accordance with section 13 or 14 may defer a maximum of 2 hours of the daily off-duty time to the following day if

(a) the off-duty time deferred is not part of the mandatory 8 consecutive hours of off-duty time;

(b) the total off-duty time taken in the 2 days is at least 20 hours;

(d) the total driving time in the 2 days does not exceed 26 hours; and

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

(i) states that the driver is deferring off-duty time under this section, and

(ii) clearly indicates whether the driver is driving under day one or day two of that time.

46/23 s11

Ferries

12. Notwithstanding sections 9 and 10, a driver travelling by a ferry crossing that takes more than 5 hours is not required to take the mandatory 8 consecutive hours of off-duty time if

(a) the time spent resting in a sleeper berth while waiting at the terminal to board the ferry, in rest accommodations on the ferry and at a rest stop that is no more than 25 kilometres from the point of disembarkation from the ferry combine to total a minimum of 8 hours;

(b) the hours are recorded in the record of duty status as off-duty time spent in a sleeper berth;

(d) the supporting document coincides with the record of duty status entries.

46/23 s12

Splitting of daily off-duty time, single driver

13. (1) A driver who is driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off-duty time and daily off-duty time requirements of sections 9 and 10 by accumulating off-duty time in no more than 2 periods if

(a) neither period of off-duty time is shorter than 2 hours;

(b) the total of the 2 periods of off-duty time is at least 10 hours;

(d) the sleeper berth meets the requirements of the schedule;

(e) the total of the driving time in the periods immediately before and after each of the periods of off-duty time does not exceed 13 hours;

(f) the elapsed time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 16^th hour after the driver comes on duty, calculated in accordance with subsection (2);

(g) none of the daily off-duty time is deferred to the next day; and

(h) the total of the on-duty time in the periods immediately before and after each of the periods of off-duty time referred to in paragraph (b) does not include any driving time after the 14^th hour.

(2) The 16^th hour is calculated by

(a) excluding any period spent in the sleeper berth that is 2 hours or more in duration and that, when added to a subsequent period in the sleeper berth, totals at least 10 hours; and

(b) including

(i) all on-duty time,

(ii) all off-duty time not spent in the sleeper berth,

(iii) all periods of less than 2 hours spent in the sleeper berth, and

(iv) any other period spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this section.

46/23 s13

Splitting of daily off-duty time, team of drivers

14. (1) A team of drivers driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off-duty time and daily off-duty time requirements of sections 9 and 10 by accumulating off-duty time in no more than 2 periods if

(a) neither period of off-duty time is shorter than 4 hours;

(b) the total of the 2 periods of off-duty time is at least 8 hours;

(d) the sleeper berth meets the requirements of the schedule;

(e) the total of the driving time in the periods immediately before and after each of the periods of off-duty time does not exceed 13 hours;

(g) none of the daily off-duty time is deferred to the next day; and

(h) the total of the on-duty time in the periods immediately before and after each of the periods of off-duty time referred to in paragraph (b) does not include any driving time after the 14^th hour.

(2) The 16^th hour is calculated by

(a) excluding any period spent in the sleeper berth that is 4 hours or more in duration and that, when added to a subsequent period in the sleeper berth, totals at least 8 hours; and

(b) including

(i) all on-duty time,

(ii) all off-duty time not spent in the sleeper berth,

(iii) all periods of less than 4 hours spent in the sleeper berth, and

(iv) any other period spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this section.

46/23 s14

Cycles

15. (1) A motor carrier shall require that a driver follows and the driver shall follow either cycle 1 or cycle 2.

(2) A motor carrier shall not request, require or allow a driver to drive and a driver shall not drive unless the driver has taken at least 24 consecutive hours of off-duty time in the preceding 14 days.

(3) A motor carrier shall not request, require or allow a driver who is following cycle 1 to drive and a driver who is following cycle 1 shall not drive after the driver has accumulated 70 hours of on-duty time during any period of 7 days.

(4) A motor carrier shall not request, require or allow a driver who is following cycle 2 to drive and a driver who is following cycle 2 shall not drive after the driver has accumulated

(a) 120 hours of on-duty time during any period of 14 days; or

(b) 70 hours of on-duty time without having taken at least 24 consecutive hours of off-duty time.

46/23 s15

Cycle reset, off-duty time

16. (1) Notwithstanding subsection 15(2), (3) or (4), a driver may end the current cycle and begin a new cycle if the driver first takes the following off-duty time:

(a) for cycle 1, at least 36 consecutive hours; or

(b) for cycle 2, at least 72 consecutive hours.

(2) After taking the off-duty time, the driver begins a new cycle, the accumulated hours are set back to zero and the driver's hours begin to accumulate again.

46/23 s16

Cycle switching, off-duty time

17. (1) A motor carrier shall not request, require or allow a driver to switch and a driver shall not switch from one cycle to the other without first taking the following off-duty time before beginning to drive again:

(a) to switch from cycle 1 to cycle 2, at least 36 consecutive hours; or

(b) to switch from cycle 2 to cycle 1, at least 72 consecutive hours.

(2) After taking the off-duty time, driver begins the other cycle, the accumulated hours are set back to zero, and the driver's hours begin to accumulate again.

46/23 s17

PART II
DRIVING NORTH OF LATITUDE 60^° NORTH

Application

18. Sections 19 to 24 apply with respect to driving north of latitude 60° north.

46/23 s18

Mandatory off-duty time

19. (1) A motor carrier shall not request, require or allow a driver to drive and a driver shall not drive after the driver has accumulated more than 15 hours of driving time or 18 hours of on-duty time unless the driver takes at least 8 consecutive hours of off-duty time before driving again.

(2) A motor carrier shall not request, require or allow a driver to drive and a driver shall not drive if more than 20 hours of time has elapsed between the conclusion of the most recent period of 8 or more consecutive hours of off-duty time and the beginning of the next period of 8 or more consecutive hours of off-duty time.

46/23 s19

Splitting of daily off-duty time, single driver

20. (1) A driver who is driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off-duty time requirements of section 19 by accumulating off-duty time in no more than 2 periods if

(a) neither period of off-duty time is shorter than 2 hours;

(b) the total of the 2 periods of off-duty time is at least 8 hours;

(d) the sleeper berth meets the requirements of the schedule;

(e) the total of the driving time in the periods immediately before and after each of the periods of off-duty time does not exceed 15 hours;

(f) the on-duty time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 18^th hour after the driver comes on duty, calculated in accordance with subsection (2); and

(g) none of the daily off-duty time is deferred to the next day.

(2) The 18^th hour is calculated by

(a) excluding any period spent in the sleeper berth that is 2 hours or more in duration and that, when added to a subsequent period in the sleeper berth, totals at least 8 hours; and

(b) including

(i) all on-duty time,

(ii) all off-duty time not spent in the sleeper berth,

(iii) all periods of less than 2 hours spent in the sleeper berth, and

(iv) any other period spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this section.

46/23 s20

Splitting of daily off-duty time, team of drivers

21. (1) A team of drivers driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off-duty time requirements of section 19 by accumulating off-duty time in no more than 2 periods if

(a) neither period of off-duty time is shorter than 4 hours;

(b) the off-duty time is spent resting in the sleeper berth;

(d) the total of the driving time in the periods immediately before and after each of the periods of off-duty time does not exceed 15 hours;

(e) the on-duty time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 18^th hour after the driver comes on duty, calculated in accordance with subsection (2); and

(f) none of the off-duty time is deferred to the next day.

(2) The 18^th hour is calculated by

(a) excluding any period spent in the sleeper berth that is 4 hours or more in duration and that, when added to a subsequent period in the sleeper berth, totals at least 8 hours; and

(b) including

(i) all on-duty time,

(ii) all off-duty time not spent in the sleeper berth,

(iii) all periods of less than 4 hours spent in the sleeper berth, and

(iv) any other period spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this section.

46/23 s21

Cycles

22. (1) A motor carrier shall require that a driver follows and the driver shall follow either cycle 1 or cycle 2.

(3) A motor carrier shall not request, require or allow a driver who is following cycle 1 to drive and a driver who is following cycle 1 shall not drive after the driver has accumulated 80 hours of on-duty time during any period of 7 days.

(4) A motor carrier shall not request, require or allow a driver who is following cycle 2 to drive and driver who is following cycle 2 shall not drive after the driver has accumulated

(a) 120 hours of on-duty time in any period of 14 days; or

(b) 80 hours of on-duty time, without having taken at least 24 consecutive hours of off-duty time.

46/23 s22

Cycle reset, off-duty time

23. (1) Notwithstanding subsection 22(2), (3) or (4), a driver may end the current cycle and begin a new cycle if the driver first takes the following off-duty time:

(a) for cycle 1, at least 36 consecutive hours; or

(b) for cycle 2, at least 72 consecutive hours.

(2) After taking the off-duty time, the driver begins a new cycle, the accumulated hours are set back to zero and the driver's hours begin to accumulate again.

46/23 s23

Cycle switching, off-duty time

24. (1) A motor carrier shall not request, require or allow a driver to switch and a driver shall not switch from one cycle to the other without first taking the following off-duty time before beginning to drive again:

(a) to switch from cycle 1 to cycle 2, at least 36 consecutive hours; or

(b) to switch from cycle 2 to cycle 1, at least 72 consecutive hours.

(2) After taking the off-duty time, the driver begins the other cycle, the accumulated hours are set back to zero and the driver's hours begin to accumulate again.

46/23 s24

PART III
PERMITS

Special permits

25. (1) The federal director may issue a special permit to a motor carrier for the purpose of a research or pilot project if the safety and health of the public, the driver or the employees of the motor carrier are unlikely to be jeopardized.

(2) Sections 8 to 24 and 33 to 48 do not apply in respect of special permits.

(3) The applicant shall provide to the federal director a detailed work plan that includes at least the following information:

(a) the nature of the proposed research or pilot project;

(b) the objectives of the proposed research or pilot project;

(d) the criteria and method for measuring results;

(e) the safety implications and the approach to addressing any possible risks identified;

(f) the duration of the proposed research or pilot project; and

(g) the manner of and timing for reporting results.

46/23 s25

Permits for commercial vehicles other than oil well service vehicles

26. (1) A provincial director may issue a permit to a motor carrier in respect of a commercial vehicle other than an oil well service vehicle if

(a) the safety and health of the public, the driver or the employees of the motor carrier are unlikely to be jeopardized; and

(b) a reduction of off-duty time or an increase in driving time is required

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

(ii) to allow the delivery of perishable goods, or

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

(2) The only deviations from the requirements of these regulations that may be authorised in the permit are

(a) a reduction of the 2 hours of daily off-duty time required by subsection 10(3) if the commercial vehicle is operated south of latitude 60° north; and

(b) an increase in driving time and on-duty time of up to a total of 2 hours.

46/23 s26

Oil well service vehicle permits

27. (1) A provincial director may issue a permit to a motor carrier in respect of an oil well service vehicle if

(a) the driver has successfully completed training directly related to safety requirements associated with operating within the field services sector of the oil or natural gas industry; and

(b) the safety and health of the public, the driver or the employees of the motor carrier are unlikely to be jeopardized.

(2) Sections 15 to 17 and 22 to 24 do not apply in respect of an oil well service vehicle permit, but instead the permit shall require that the driver take

(a) at least 3 periods of off-duty time, each at least 24 hours long, in any period of 24 days, the periods being taken consecutively or separated by on-duty time; and

(b) at least 72 consecutive hours of off-duty time after ending driving under the provisions of the permit and beginning driving under those sections.

(3) When the driver begins to drive again under sections 15 to 17 or 22 to 24, the driver begins to accumulate hours in the cycle.

(4) 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 driver performs no work during the time;

(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

(5) None of the daily off-duty time shall be deferred to the next day.

46/23 s27

Application for permits

28. (1) A motor carrier may apply to a director for a permit by providing the following information and documents:

(a) the name of the motor carrier;

(b) the names of the drivers who will drive a commercial vehicle for the motor carrier;

(d) a list of the commercial vehicles operated by the motor carrier;

(e) a list of all accidents involving the motor carrier or any driver of the motor carrier that occurred during the 6 months before the date of the application if they are required by the laws of the province, state or country in which the accident occurred to be reported to the police;

(f) the requested duration of the permit;

(g) in the case of an extra-provincial truck undertaking, a detailed description of the load and the provinces in respect of which the permit is to apply;

(h) in the case of an extra-provincial bus undertaking, a detailed description of the routes in respect of which the permit is to apply;

(i) the requested schedule;

(j) the reasons for the application, with supporting evidence;

(k) a copy of every permit issued to the motor carrier under these regulations in the previous 5 years;

(l) a signed declaration that discloses any other application for a permit under these regulations made by the motor carrier to any director within the 6 months before the date of the application; and

(m) any other information required by the director to evaluate whether the granting of a permit would be likely to jeopardize the safety or health of the public, the driver or the employees of the motor carrier.

(2) If requested by the director to do so, the motor carrier shall make available to the director the records of duty status, supporting documents or records of on-duty times, for the 6 months before the date of the application, of every driver who will drive a commercial vehicle of the motor carrier under the permit.

46/23 s28

Approval of other directors

29. (1) Before issuing a permit, a director shall obtain the written approval of the provincial directors of the provinces in which the commercial vehicle will be driven under the permit.

(2) A provincial director from whom approval is sought shall

(a) respond to the request for approval within 30 days after receiving it; and

(b) give approval if the provincial director has no reason to believe that the safety or health of the public, the driver or the employees of the motor carrier would be likely to be jeopardized by the granting of the permit.

46/23 s29

Issuance of permits

30. A director who issues a permit shall specify in the permit

(a) the reasons for issuing it;

(b) its duration, which shall not exceed one year;

(c) any terms or conditions required for the protection of the safety or health of the public, the driver or the employees of the motor carrier; and

(e) the provinces in which the permit is to apply.

46/23 s30

Obligations of permit holders

31. A motor carrier to whom a permit is issued shall

(a) require that a copy of the permit is placed in each commercial vehicle in respect of which it applies;

(b) provide the director with a list of the commercial vehicles in respect of which the permit applies and keep the director informed of any changes so that the director may accurately and quickly identify the vehicles;

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

(d) notify the director without delay of any accident involving any of the commercial vehicles to which the permit applies if it is required by the laws of the province, state or country in which the accident occurred to be reported to the police.

46/23 s31

Amendment, cancellation and suspension of permits

32. (1) A director who issues a permit may amend, cancel or suspend it, and a director who approves a permit issued by another director may withdraw the approval, on written notification to the motor carrier, if

(a) the motor carrier or the driver contravenes these regulations or any condition of the permit; or

(b) the director determines that the safety and health of the public, the driver or the employees of the motor carrier are likely to be jeopardized.

(2) When a director withdraws approval for a permit issued by another director, the director who issued the permit shall amend it to remove the authority for a commercial vehicle to be operated under the permit in the province in respect of which approval is withdrawn.

46/23 s32

PART IV
EMERGENCIES AND ADVERSE DRIVING CONDITIONS

Non-application

33. (1) The requirements of these regulations with respect to driving time, on-duty time and off-duty time do not apply to a driver who, in an emergency, requires more driving time to reach a destination that provides safety for the occupants of the commercial vehicle and for other users of the road or the security of the commercial vehicle and its load.

(2) A driver who encounters adverse driving conditions while driving the vehicle during a trip south of latitude 60° north may extend the permitted 13 hours of driving time specified in sections 8 and 9 and reduce the 2 hours of daily off-duty time required by subsection 10(3) by the amount of time needed to complete the trip if

(a) the driving, on-duty and elapsed time in the cycle the driver followed is not extended more than 2 hours;

(b) the driver still takes the required 8 consecutive hours of off-duty time; and

(3) A driver who encounters adverse driving conditions while driving the vehicle during a trip north of latitude 60° north may extend the permitted 15 hours of driving time specified in section 19 by the amount of time needed to complete the trip if

(a) the extension of the driving time is no more than 2 hours;

(b) the driver still takes the required 8 consecutive hours of off-duty time; and

(4) A driver who extends the 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.

46/23 s33

PART V
ELECTRONIC LOGGING DEVICE RECORDS OF DUTY STATUS

Electronic logging device

34. (1) A motor carrier shall ensure that each commercial vehicle that it operates is equipped with an electronic logging device 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 a commercial vehicle that is

(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;

(d) manufactured before model year 2000;

(e) a school bus; or

(f) a vehicle operated by or on behalf of a public utility.

(2) A motor carrier shall require a 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 the driver's record of duty status as the driver's 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 electronic logging device has been configured so that the driver can indicate those moves.

(5) A driver shall manually input or verify the following information in the electronic logging device:

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

(b) the cycle that the driver is following;

(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 electronic logging device'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 11;

(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 9(3), and

(ii) the start and end times of each duty status in the current day, before the use of the electronic logging device; and

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

(6) A motor carrier shall not request, require or allow a driver to use, and a driver shall not use, more than one electronic logging device at the same time for the same period.

(7) A motor carrier shall ensure that each commercial vehicle that it operates carries an electronic logging device 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 electronic logging device 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 electronic logging device malfunctions; and

(d) a sufficient number of records of duty status to allow the driver to record the information required under section 39 for at least 15 days.

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

46/23 s34

Malfunction

35. (1) A motor carrier shall ensure that any electronic logging device 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 electronic logging device 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) A driver shall record, in the record of duty status on the day on which the driver 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

(4) A 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 electronic logging device is repaired or replaced.

(5) A motor carrier shall, within 14 days after the day on which it was notified of an electronic logging device malfunction or data diagnostic code by a 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 electronic logging device.

(6) A motor carrier shall maintain a register of electronic logging device malfunction or data diagnostic codes for electronic logging devices 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 electronic logging device was repaired or replaced;

(d) the licence plate of the commercial vehicle in which the electronic logging device 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 electronic logging device was replaced or repaired; and

(g) a concise description of the actions taken by the motor carrier to repair or replace the electronic logging device.

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

46/23 s35

Accounts

36. A motor carrier shall create and maintain a system of accounts for electronic logging devices that is in compliance with the Technical Standard and that

(a) allows each driver to record the driver's 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.

46/23 s36

Verification of records of duty status

37. (1) A driver shall, immediately after recording the last entry for the day, certify the accuracy of the driver's record of duty status.

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

(3) A driver shall either accept or reject the changes required by the motor carrier, make the necessary changes and recertify the accuracy of the driver's record of duty status and forward the amended records of duty status to the motor carrier.

46/23 s37

Requirement to complete record of duty status

38. (1) A motor carrier shall require every driver to complete, and every driver shall complete 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 34(1)(a) to (f); or

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

(2) This section does 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;

(d) the driver is not driving a commercial vehicle under a permit issued under these regulations or is driving under an exemption issued under the Act.

46/23 s38

Content of record of duty status

39. (1) At the beginning of each day, a motor carrier shall require that a driver enters legibly, and the driver shall enter legibly, the following information in a record of duty status, using a grid in the form set by the minister:

(a) 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;

(b) in the case of a driver who is not driving under an oil well service vehicle permit, the cycle that the driver is following;

(d) the odometer reading of each of the commercial vehicles driven by the driver;

(e) the names and addresses of the home terminal and the principal place of business of every motor carrier by which the driver will be employed or otherwise engaged during that day;

(g) if applicable, a declaration in the record of duty status that states that the driver is deferring off-duty time under section 11 and that clearly indicates whether the driver is driving under day one or day two of that time.

(2) The motor carrier shall require that the driver records, and the driver shall record, in the record of duty status, using the grid referred to in subsection (1), the following information as it becomes known:

(a) the beginning time and ending time for each duty status by drawing a continuous line between the time markers;

(b) the name of the municipality or legal subdivision and the name of the province or state where a change in duty status occurs or, if the change in duty status occurs at a location other than a municipality or legal subdivision, one of the following:

(i) the highway number and the nearest kilometre marker as well as the name of the nearest municipality or legal subdivision,

(ii) the highway number and the nearest service plaza as well as the name of the nearest municipality or legal subdivision, or

(iii) the numbers of the highways that meet at the nearest intersection as well as the name of the nearest municipality or legal subdivision; and

(3) For greater certainty, nothing in subsection (2) prevents the driver from changing the hours at the top of the grid referred to in subsection (1) in order to reflect a different start time.

(4) A driver shall record in the record of duty status, as this information becomes known, the names and addresses of any other motor carriers by which the driver has been employed or otherwise engaged during the day.

(5) If a driver is engaged in making deliveries in a municipality that results 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 on the grid referred to in subsection (1).

(6) A motor carrier shall require that a driver records at the end of each day, and the driver shall record at the end of each day, on the grid referred to in subsection (1), the total hours for each duty status and the total distance driven by the driver that day, excluding the distance driven in respect of the driver’s personal use of the vehicle, as well as the odometer reading at the end of the day and the driver shall sign the record of duty status certifying the accuracy of the information recorded in it.

(7) A requirement that a driver record time in a record of duty status is a requirement to record the time using the local time at the driver's home terminal.

46/23 s39

Possession of records of duty status and supporting documents by drivers

40. A driver who is required to complete a record of duty status shall not drive and a motor carrier shall not request, require or allow the driver to drive unless the driver has in the driver's possession

(a) a copy of records of duty status for the preceding 14 days and, in the case of a driver driving under an oil well service permit, for each of the required 3 periods of 24 consecutive hours of off-duty time in any period of 24 days;

(b) the record of duty status for the current day, completed up to the time at which the last change in the driver's duty status occurred; and

46/23 s40

Distribution and keeping of records of duty status

41. (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 of duty status 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

(a) the original of the 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; and

(b) the supporting documents relating to that record of duty status to the home terminal of the motor carrier for which the driver worked during the periods referred to in those supporting documents.

(3) A motor carrier shall

(a) deposit the records of duty status and supporting documents relating to the records of duty status at its principal place of business within 30 days after receiving them; and

(b) keep the records of duty status and supporting documents in chronological order for each driver for a period of at least 6 months after the day on which they are received.

46/23 s41

Tampering

42. (1) A motor carrier shall not request, require or allow a driver to keep and a driver shall not keep more than one record of duty status in respect of any day.

(2) A motor carrier shall not request, require or allow any person to enter and a person shall not enter inaccurate information in a record of duty status or falsify, mutilate, obscure, alter, delete, destroy or deface records of duty status or supporting documents.

(3) A motor carrier shall not request, require or allow a person to, and a person shall not disable, deactivate, disengage, jam or otherwise block or degrade a signal transmission or reception, or re-engineer, reprogram or otherwise tamper with an electronic logging device so that the electronic logging device does not accurately record and retain the data that is required to be recorded and retained.

46/23 s42

Monitoring by motor carriers

43. (1) A motor carrier shall monitor the compliance of each driver with these regulations.

(2) A motor carrier that determines that there has been non-compliance with these regulations shall take immediate remedial action and record the dates on which the non-compliance occurred and the action taken.

46/23 s43

PART VI
OUT-OF-SERVICE DECLARATIONS

Out-of-service declarations

44. (1) A director or an inspector may issue an out-of-service declaration in respect of a driver if

(a) the driver contravenes paragraph 5(a);

(b) the driver fails to comply with any of the driving time or off-duty time requirements of Part I, Part II or a term or condition of a permit;

(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 the record of duty status or has falsified information in the record of duty status;

(e) the driver has falsified, mutilated, obscured, altered, deleted, destroyed or defaced a record of duty status or a supporting document in such a way that the director or inspector cannot determine whether the driver has complied with the driving time and off-duty time requirements of Part I, Part II or of a term or condition of a permit; or

(f) the driver uses an electronic logging device that has a disabled, deactivated, disengaged, jammed or otherwise blocked or degraded signal transmission or reception or uses an electronic logging device that has been re-engineered, reprogrammed or otherwise tampered with so that it does not accurately record and retain 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 Part I, Part II or of a term or condition of a permit.

(2) The director or inspector shall notify the driver and the motor carrier in writing of the reason that the driver has been made the subject of an out-of-service declaration and the period during which it applies.

(3) An out-of-service declaration applies

(a) for 10 consecutive hours, if the driver contravenes paragraph 5(a);

(b) for 10 consecutive hours, if the driver contravenes section 8;

(d) for 72 consecutive hours, if the driver contravenes section 42; and

(e) for the number of hours needed to correct the failure, if the driver fails to comply with the off-duty time requirements of any of Part I or Part II or of a term or condition of a permit or with the requirements of section 47.

(4) The out-of-service declaration in respect of a driver who contravenes section 42 continues to apply beyond the 72 hours until the driver rectifies the record of duty status, if applicable, and provides it to the director or inspector so that the director or inspector is able to determine whether the driver has complied with these regulations.

46/23 s44

PART VII
INSPECTIONS

Proof of authority

45. An inspector shall, at all times during the exercise of the inspector's functions, produce on request proof of the inspector's designation and title.

46/23 s45

Authority to enter premises for an inspection

46. (1) An inspector may, during business hours, enter a motor carrier's home terminal or principal place of business, other than living quarters, for the purpose of verifying compliance with the requirements of these regulations.

(2) An inspector may, at any time, enter a commercial vehicle, or stop and enter it, for the purpose of verifying compliance with the requirements of these regulations.

(3) An inspector may, at any time, enter a sleeper berth, or stop a commercial vehicle and enter its sleeper berth for the purpose of verifying that the sleeper berth meets the requirements of the Schedule.

(4) A person shall not obstruct or hinder, or knowingly make any false or misleading statements either orally or in writing to an inspector who is engaged in carrying out the inspector's duties and functions under these regulations.

46/23 s46

Production of records of duty status and supporting documents

47. (1) At the request of an inspector, a driver shall produce for inspection

(a) records of duty status for the current day and the preceding 14 days;

(b) the supporting documents for the current trip in their existing format; and

(2) If the records of duty status requested by the inspector are in electronic format, the driver shall

(a) produce either the display or a printout of the records of duty status; and

(b) if requested by the inspector to transmit the records of duty status, transmit them by the transfer method identified by the inspector that is provided in the Technical Standard and is supported by the electronic logging device.

(3) The driver shall, at the request of an inspector, give the inspector

(a) 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; and

(b) any permit under which the driver may be driving.

(4) The inspector shall provide the driver with a receipt, in the form set by the minister, for the paper records of duty status and supporting documents received.

46/23 s47

Inspection

48. (1) An inspector may request that a motor carrier provide one or more of the following documents:

(a) records of duty status and the supporting documents relating to those records of duty status that are in its possession;

(b) records of driving time of an unidentified driver;

(d) the register of electronic logging device malfunction set out in subsection 35(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 43(2).

(2) A motor carrier shall, during business hours, produce the documents requested under subsection (1) for inspection at the place specified by the inspector.

(3) A motor carrier shall transmit to the inspector the electronic records of duty status in the format, and using one of the transfer methods, set out in the Technical Standard.

(4) The inspector shall

(a) immediately return the permit if it is still a current permit and provide a receipt in the form set by the minister 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.

46/23 s48

PART VIII
OFFENCE, REPEAL AND COMMENCEMENT

Offence

49. (1) A person who contravenes section 42 is guilty of an offence and is liable on summary conviction to a fine of not less than $500 and not more than $2,000 for each contravention.

(2) A person who contravenes section 44 is guilty of an offence and is liable on summary conviction to a fine of not less than $1,000 and not more than $3,000 for each contravention.

(3) A person who contravenes a provision of these regulations other than a provision referred to in subsection (1) or (2) is guilty of an offence and is liable on summary conviction to a fine of not less than $25 and not more than $100 for each contravention.

46/23 s49

NLR 94/06 Rep.

50. The Hours of Service Regulations, 2006 , Newfoundland and Labrador Regulation 94/06, are repealed.

46/23 s50

Commencement

51. These regulations shall come into force December 1, 2023.

46/23 s51

Schedule

Sleeper berth

An area of a commercial vehicle is a sleeper berth if

(a) it is designed to be used as sleeping accommodation;

(b) it is located in the cab of the commercial vehicle or immediately adjacent to the cab and is securely fixed to it;

(d) if it is located in the cargo space, it is securely compartmentalized from the remainder of the cargo space;

(e) in the case of a bus,

(i) it is located in the passenger compartment,

(ii) it is at least 1.9 metres in length, 60 centimetres in width and 60 centimetres in height,

(iii) it is separated from the passenger area by a solid physical barrier that is equipped with a door that can be locked,

(iv) it provides privacy for the occupant, and

(v) it is equipped with a means to significantly limit the amount of light entering the area;

(f) in the case of a commercial vehicle other than a bus, it is rectangular in shape with at least the following dimensions:

(i) 1.9 metres in length, measured on the centre line of the longitudinal axis,

(ii) 60 centimetres in width, measured on the centre line of the transverse axis, and

(iii) 60 centimetres in height, measured from the sleeping mattress to the highest point of the area;

(g) it is constructed so that there are no impediments to ready entrance to or exit from the area;

(h) there is a direct and readily accessible means of passing from it into the driver's seat or compartment;

(i) it is protected against leaks and overheating from the vehicle's exhaust system;

(j) it is equipped to provide adequate heating, cooling and ventilation within the range of household temperatures;

(k) it is reasonably sealed against dust and rain;

(l) it is equipped with a mattress that is at least 10 centimetres thick; and

(m) it is equipped with a means of preventing ejection of the occupant during deceleration of the commercial vehicle, the means being designed, installed and maintained to withstand a total force of 2,700 kilograms applied toward the front of the vehicle and parallel to the longitudinal axis of the vehicle.

46/23 Sch.

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