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

40 [Repealed, SOR/2019-165, s. 11]

Splitting of Daily Off-duty Time — Single Driver

• 41 (1) A driver who is driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off-duty time requirements of section 39 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;

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

  • (c.1) the sleeper berth meets the requirements of Schedule 1;

  • (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 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.

• (3) [Repealed, SOR/2019-165, s. 12]

Splitting of Daily Off-duty Time — Team of Drivers

• 42 (1) A team of drivers driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off-duty time requirements of section 39 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;

  • (c) the sleeper berth meets the requirements of Schedule 1;

  • (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.

• (3) [Repealed, SOR/2019-165, s. 13]

[43 to 48 reserved]

Cycles

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

50 Subject to section 53, no motor carrier shall request, require or allow a driver to drive and no driver shall drive unless the driver has taken at least 24 consecutive hours of off-duty time in the preceding 14 days.

51 Subject to section 53, no motor carrier shall request, require or allow a driver who is following cycle 1 to drive and no driver who is following cycle 1 shall drive after the driver has accumulated 80 hours of on-duty time during any period of 7 days.

52 Subject to section 53, no motor carrier shall request, require or allow a driver who is following cycle 2 to drive and no driver who is following cycle 2 shall 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.

Cycle Reset — Off-duty Time

• 53 (1) A driver may end the current cycle and begin a new cycle if they first take 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.

Cycle Switching — Off-duty Time

• 54 (1) No motor carrier shall request, require or allow a driver to switch and no driver shall 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.

[55 to 60 reserved]

Permits

Special Permits

• 61 (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 12 to 54 and 76 to 99 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;

  • (c) the competence of the applicant to participate in 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.

Permits for Commercial Vehicles Other than Oil Well Service Vehicles

• 62 (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 their 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 14(3) if the commercial vehicle is driven south of latitude 60°N; and

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

Oil Well Service Vehicle Permits

• 63 (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 24 to 29 and 49 to 54 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 24 to 29 or 49 to 54, they begin 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

  • (c) the time is not included in the mandatory minimum of 8 consecutive hours of off-duty time.

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

Applications for Permits

• 64 (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 drive a commercial vehicle for the motor carrier;

  • (c) the driver licence numbers of the drivers and the provinces of issuance;

  • (d) the 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; and

  • (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.

  • (m) [Repealed, SOR/2019-165, s. 17]

• (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.