This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regu

1
This is an unofficial interpretation of the
federal Commercial Vehicle Drivers Hours of
Service regulations that take effect on January
1, 2007. For accurate reference, please refer to
the official volumes of the Commercial Vehicle
Drivers Hours of Service Regulations, made under
Motor Vehicle Transport Act, that may be viewed
on the Internet at http//canadagazette.gc.ca/pa
rtII/2005/20051116/html/sor313-e.html
Hours of Service
2
History

• Current regulations were first introduced as a
  countermeasure to fatigue in the late 80s and
  were based on the American hours of service
  rules.
• Hours of Service refers to legal limitations on
  the hours a commercial vehicle driver can
  drive/work on a daily/weekly basis.
• The new rules incorporate current sleep and
  fatigue research that takes into consideration
  the bodies circadian rhythm, drivers health
  (opportunity to obtain restorative sleep),
  irregular work shifts and sleep dept.

3
Hours of Service

• The new federal regulation will come into effect
  on January 1, 2007.
• Ontario plans to amend the current regulations to
  mirror the federal hours of service rules.
• Hours of Service regulations are spelled out in
  federal legislation under the Motor Vehicle
  Transportation Act (MVTA), applicable to
  extra-provincial operations.

4
New Rules

• Reason for change
• Current HOS rules are
• Not based on a day (24 hour period)
• Allows 16 hours of driving in a day
• Allows 26 hours of driving in a 30 hour period
  (using off duty time reduction)
• No limit on a drivers work shift
• Would allow a driver to work everyday and
• Driver and Operator assume all responsibility for
  compliance.

5
Continued

• Difficulty of identifying the cycle the driver is
  using
• Driver changes cycles whenever he wants
• No requirement to indicate the cycle on the daily
  log sheet

6
Principal problems with the current rules
Little rest, long working hours and irregular
rest periods.
8 consecutive hours off-duty
8 consecutive hours off-duty
8 consecutive hours off-duty
13
13
13
3
10
6
24-hour period Off-duty 8 h Driving 16 h (133)
24-hour period Off-duty 8 h Driving 16 h
(106)
7
Continued
Length of the "work shift"(36 hours).
8 consecutive hours off-duty
8 consecutive hours off-duty
6
3
6
3
3
3
3
3
3
1
2
1
1
2
2
2
2
2
1
1
1
Shift Length 36 hours Off-duty 21
hours Driving 13 hours Work 15 hours
8
The top 12 changes are...

• increase minimum daily off-duty time by 25 (8hrs
  to 10hrs)
• reduce daily on-duty time by 13 (16 hrs to 14
  hrs)
• reduce daily driving time by18 (16 hrs to 13
  hrs)
• eliminate the Time Reduction(once-a-week)
• restrict drivers work shift to 16 hours (Tour of
  Duty)
• requirement for driver to elect a cycle
• standards for sleeper berths (split times,
  design, construction)
• mandatory 24-hour off-duty period in 15
  (regardless of on-duty accumulation)
• record keeping requirements
• allowing drivers to use a CMV for personal use
  (with restrictions)
• shared responsibility for compliance (carrier,
  driver, dispatch, tour agency, consultant)
• new powers for enforcement officers -
  out-of-service orders

9
The 3 Basic Rules

• Daily Restrictions
• Mandatory Off-Duty Time Work Shifts
• Cycle Restrictions

10
Hours of Service
Daily Requirements

• Current
• Drive up to 16 hours in a day
• On duty up to 16 hours in a day
• No specified off-duty time for a day

• Rule
• Minimum of 10 hours of off-duty must be taken
  every day.
• Off-duty periods gt 30 mins.
• Maximum of 13 hours driving in a day
• No driving after 14 hours of on-duty in a day

11
Daily Limits - a simple 3-point check for
compliance
24-hour period
Off-duty 10
Driving 13
1
1
No driving after 14 hours On-duty
Not required in the rules for the day
12
Daily Limits Verifying daily off-duty time
13
Hours of Service
Daily Requirements
14
Hours of Service
Work Shift Rules

• Current
• After 13 hours of driving you have to take 8
  consecutive hours off-duty before you can drive
  again
• After 15 hours of on duty you have to take 8
  consecutive hours off-duty before you can drive
  again

• New Rule
• After 13 hours of driving you have to take 8
  consecutive hours off-duty before you can drive
  again
• After 14 hours of on-duty you have to take 8
  consecutive hours off-duty before you can drive
  again

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Hours of Service
Work Shift Rules Contd

• Rule
• No driving after a maximum of 16 hours (elapsed
  time)
• Time period which starts the instant you are on
  duty after having just taken minimum 8 hours
  off-duty
• Includes all time and activities
• 8 consecutive hours off-duty resets the work
  shift.
• Sleeper berth rest periods are not counted in the
  16 hour duty period when they qualify for the
  sleeper berth rest provision

• Current
• No restriction on length of work shift
• Off-duty periods extend the time between

16
What are the rules for the work shift?
8 consecutive hours
8 consecutive hours
Shift Reset
End

• Work Shift 16 hours
• Driving time 13 hours
• No driving after 14 hours on-duty

17
Mandatory Off-Duty TimeAfter 16 Hours Work Shift
14
8 consecutive hours
8
2
18
Hours of Service
Off Duty Exceptions

• Current
• May reduce the 8-consecutive hour off-duty period
  to a minimum of 4 hours- once in a 7 day period

• Rule
• 48 hour averaging allows a driver to reduce the
  daily off-duty requirement by the 2 other hours
  of off duty time and this time is added to the 8
  consecutive hours of off-duty on Day 2. This
  provision may be exercised every 2nd day if a
  driver chooses.

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Daily Off Duty Time Deferral
Day 1
10 Hours (8 the 2 deferred from Day 1)
Day 2
20
Hours of Service
Cycles

• Current
• Must be in compliance with 1 or the 3 cycles
• Three cycles
• 60 hours/7 days,
• 70 hours/8 days,
• 120 hours/14 days (24-hour off-duty prior to 75th
  hour on-duty)
• No reset provision
• switching allowed

• New Rule
• Two cycles (must elect one)
• Cycle 1 70 hours/7 days,
• Cycle 2 120 hours/14 days (must take 24
  consecutive hours off-duty prior to 70th
  hour,every period)
• Reset provision
• cycle switching only allowed after completing
  required off-duty period for cycle reset
• Cycle 1 36 consecutive hours
• Cycle 2 72 consecutive hours

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Illustration of Cycle 1 (70 hrs/7 days)
Accumulated Day 1-6 54 h Available 16 h
Accumulated Day 1-6 46 h Available 24 h
Accumulated Day 1-6 44 h Available 26 h
22
7 Day Cycle Reset
23
Hours of Service
Mandatory 24-hours Off-Duty

• Current
• Only required for 14 day cycle

• Rule
• Mandatory 24 consecutive hours off duty in
  preceding 14 days

24
Mandatory 24 hrs. off in 15-days

• to address perceived problem of driving every day
  of the year
• driver must have at least one 24-hour consecutive
  off-duty period in preceding 14 days
• applies regardless of amount of on-duty time
  accumulated

2007
25
Hours of Service
Sleeper Berth

• Current
• Commercial motor vehicle (CMV) drivers using a
  sleeper berth must take 8 hours off- duty, but
  may split the sleeper-berth time into two periods
  provided neither is less than 2 hours.

• Rule
• Single drivers using a sleeper berth must take 10
  hours off-duty, but may split the sleeper-berth
  time into two periods provided neither is less
  than 2 hours
• Team drivers using a sleeper berth must take 8
  hours off-duty, but may split the sleeper-berth
  time into two periods provided neither is less
  than 4 hours

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Hours of Service
Sleeper Berth

• New Rule
• Must still comply with Daily Requirements
• Maximum of 13 hours driving
• No driving after 14 hours on-duty
• Minimum of 10 hours off-duty
• No driving after accumulating (prior and
  subsequent to the period)
• 13 hours driving
• 14 hours on-duty
• 16 hours in the work shift

• Current
• Commercial motor vehicle (CMV) drivers using a
  sleeper berth must take 8 hours off- duty, but
  may split the sleeper-berth time into two periods
  provided neither is less than 2 hours.

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Sleeper Berth (Single Driver)
3 7 10 hours
Off-duty 10
Driving 13
No driving after 14 hours On-duty

• Driving lt 13
• No Driving after 14 hours On-Duty
• No Driving after 16th hour since last sleeper
  period

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Sleeper Berth (Team Driver)
4 4 8 hours
2
8
12
2

• Driving lt 13
• No Driving after 14 hours On-Duty
• No Driving after 16th hour since last sleeper
  period

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Hours of Service
Sleeper Berth Specifications

• Current
• Suitable accommodation, constructed and
  maintained for sleeper

• Rule
• Must meet prescribed standards specified in
  Schedule 1

30
Hours of Service
Daily Log Exemption

• Current
• Exempt from a daily log if
• instructed to drive within 160 km
• returns to and goes off duty within 15 hours and
• operator keeps accurate on duty status records

• New Rule
• Exempt from a daily log if
• operates CMV within 160 km
• returns to home terminal each day to begin an 8
  hour off-duty period
• operator maintains accurate and legible records
  for each day indicating
• hour at which each duty status begins ends
• total hours spent in each status
• elected cycle
• records kept for 6 months and
• not subject to an HOS permit

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Would your current Driver log Sheet Comply?

• operator maintains accurate and legible records
  for each day indicating
• hour at which each duty status begins ends
• total hours spent in each status
• elected cycle and
• notation of time deferral, personal use of CMV
  odometer reading, adverse driving or
  emergency situation

32
Record keeping requirements - Local
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On-duty Status Records
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Hours of Service
Contents of Daily Log
NOTE If you extend your driving, on-duty or
elapsed time (work shift) because of an emergency
or adverse driving conditions, you must record
the reason for doing so in the Remarks Section
35
Hours of Service
Personal Use Exemption

• Current
• Driving time means all time spent at the controls
  of a CMV operated on a highway- driver must show
  as DRIVING

• Rule
• Is not considered to be On Duty provided that
• CVM is unloaded
• Not towing a trailer
• Maximum of 75 km/day
• Odometer readings are recorded
• Driver is not subject of an OOS declaration

36
Hours of Service
Responsibilities

• Current
• Driver and Operator are responsible to ensure
  compliance

• Rule
• No person shall permit, or request a person to
  contravene the regulation

37
Questions?
Hours of Service Application Guide available from
the Canadian Council of Motor Transport
Administrators website http//ccmta.ca/english/pr
oducstandservices/publications/reportcentre.cfm -
hoursofservice

• Dwain Smith
• 613-545-4840
• dwain.smith_at_ontario.ca

Alf Brown 905-704-2342 alf.brown_at_ontario.ca
OR