C-24.2, r. 28 - Regulation respecting the hours of driving and rest of heavy vehicle drivers

Section 1 Disposition versions

2023-04-30

1. For the purposes of sections 519.8.1, 519.9, 519.10, 519.12, 519.20, 519.21.1 to 519.26, 519.31 to 519.31.3 of the Highway Safety Code (chapter C-24.2) and this Regulation,

“cycle” means

(a)  cycle 1, under which the hours of service are accumulated over a period of 7 days; and

(b)  cycle 2, under which the hours of service are accumulated over a period of 14 days; (cycle)

“day”, in respect of a driver, means the 24-hour period that begins at the hour designated by the operator and lasts for the duration of the driver’s cycle; (jour)

“director” means the federal director or a provincial or territorial director; (directeur)

“driver” means

(a)  a person who operates a heavy vehicle; or

(b)  a person employed or otherwise engaged by the operator to operate a heavy vehicle; (conducteur)

“electronic logging device” means any device or technology that automatically records a driver’s hours of driving and that is certified by an accredited certification body under the Commercial Vehicle Drivers Hours of Service Regulations (SOR/2005-313); (dispositif de consignation électronique);

“home terminal” means the place at which a driver ordinarily reports for work. For the purposes of sections 28.1, 28.5 and 29 to 31, the definition includes any temporary work site designated by the operator; (terminus d’attache)

“hours of driving” means the period of time during which a driver operates a heavy vehicle while the engine is running; (heures de conduite)

“hours of rest” means any period of time other than a driver’s hours of service; (heures de repos)

“hours of service” means the period that begins when a driver begins work, including the time when the driver is required by the operator to be available at the work site, and that ends when the driver stops work or is relieved of responsibility by the operator. The period of hours of service includes hours of driving and time spent by the driver

(a)  inspecting, servicing, repairing, conditioning, fuelling or starting a heavy vehicle;

(b)  travelling in a heavy vehicle as a co-driver, when the time is not spent in the sleeper berth;

(c)  participating in the loading or unloading of a heavy vehicle;

(d)  inspecting or checking the load of a heavy vehicle;

(e)  waiting before and while a heavy vehicle is serviced, loaded or unloaded;

(f)  waiting to be assigned to work;

(g)  waiting before and while a heavy vehicle or its load is inspected and, if relevant, the time spent necessary for the remedial actions to be taken;

(h)  waiting before and while the driver’s requirements are assessed;

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

(j)  performing any other work at the request of an operator;

(k)  performing yard moves of a heavy vehicle that is not on a public road within a terminal, depot or port; (heures de travail); and

(l)  resting in or occupying a heavy vehicle for any other purpose, except

i.  time considered part of the hours of rest in accordance with section 11;

ii.  time spent in a sleeper berth;

iii.  time spent in a stationary heavy vehicle to meet the requirements of the second paragraph of section 13; and

iv.  time spent in a stationary heavy vehicle that is in addition to the time spent to meet the hours of rest requirements of the second paragraph of section 13;

“malfunction” means any event resulting in the automatic recording in an electronic logging device of a malfunction code appearing in Table 4 in Schedule 2 to the Technical Standard; (défaillance)

“record of duty status” means the record in which a driver records the information required under section 30.1 or sections 31 and 32, as applicable, and that contains the grid in Schedule II; (rapport d’activités)

“supporting document” means any one of the following documents received or prepared by a driver in the course of their duties or received or prepared by an operator:

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

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

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

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

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

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

O.C. 367-2007, s. 1; O.C. 77-2023, s. 1.

2012-09-01

1. For the purposes of sections 519.8.1, 519.9, 519.10, 519.12, 519.20, 519.21.1 to 519.26, 519.31 to 519.31.3 of the Highway Safety Code (chapter C-24.2) and this Regulation,

“cycle” means

(a)  cycle 1, under which the hours of service are accumulated over a period of 7 days; and

(b)  cycle 2, under which the hours of service are accumulated over a period of 14 days; (cycle)

“daily log” means a record containing the information required by sections 29, 31 and 32 and the graph grid in Schedule II; (fiche journalière)

“day”, in respect of a driver, means the 24-hour period that begins at the hour designated by the operator and lasts for the duration of the driver’s cycle; (jour)

“director” means the federal director or a provincial or territorial director; (directeur)

“driver” means

(a)  a person who operates a heavy vehicle; or

(b)  a person employed or otherwise engaged by the operator to operate a heavy vehicle; (conducteur)

“home terminal” means the place at which a driver ordinarily reports for work. For the purposes of sections 29 to 31, the definition includes any temporary work site designated by the operator; (terminus d’attache)

“hours of driving” means the period of time during which a driver operates a heavy vehicle while the engine is running; (heures de conduite)

“hours of rest” means any period of time other than a driver’s hours of service; (heures de repos)

“hours of service” means the period of time that begins when a driver commences work including the time during which the driver is required by the operator to be available to work and ends when the driver stops work or is relieved of responsibility by the operator. Hours of service include the hours of driving and the time spent by the driver

(a)  inspecting, servicing, repairing, conditioning or starting a heavy vehicle;

(b)  travelling in the heavy vehicle as a co-driver, when the time is not spent in the sleeper berth;

(c)  participating in the loading or unloading of a heavy vehicle;

(d)  inspecting or checking the load of a heavy vehicle;

(e)  waiting for a heavy vehicle to be serviced, loaded or unloaded;

(f)  waiting for an assignment;

(g)  waiting for a heavy vehicle or its load to be inspected;

(h)  waiting during an inspection;

(i)  waiting at an en-route point because of an accident or other unplanned occurrence or situation; and

(j)  performing any work at the request of the operator. (heures de travail)

O.C. 367-2007, s. 1.