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

Section 39 Disposition versions

2023-04-30

39. A peace officer may issue an out-of-service declaration in respect of a driver if

(1)  the driver contravenes paragraph 1 of section 519.8.1 of the Highway Safety Code (chapter C-24.2);

(2)  the driver fails to comply with any of the hours of driving or hours of rest requirements of Chapter II or the requirements of the permit issued under Chapter III;

(3)  the driver is unable or refuses to produce to a peace officer or an inspector the records of duty status, supporting documents or any other register that the driver must possess under section 34;

(4)  there is evidence that shows that the driver has completed more than one records of duty status, has entered inaccurate information in the records of duty status or has falsified information in the records of duty status;

(5)  the driver has defaced or made illegible a record of duty status or a supporting document in such a way that the peace officer cannot determine whether the driver has complied with the hours of driving and hours of rest requirements of Chapter II or the requirements of a permit issued under Chapter III; or

(6)  the driver uses an electronic logging device that has a disabled, deactivated, blocked or otherwise degraded transmission or signal reception, or uses an electronic logging device that has been re-engineered, reprogrammed or otherwise altered so that it does not accurately record and retain the data as required, in such a way that the peace officer cannot establish in those cases whether the driver has complied with the hours of driving and hours of rest requirements under Chapter II or the requirements of a permit issued under Chapter III.

O.C. 367-2007, s. 39; O.C. 77-2023, s. 23.

2012-09-01

39. A peace officer may issue an out-of-service declaration in respect of a driver if

(1)  the driver contravenes paragraph 1 of section 519.8.1 of the Highway Safety Code (chapter C-24.2);

(2)  the driver fails to comply with any of the hours of driving or hours of rest requirements of Chapter II or the requirements of the permit issued under Chapter III;

(3)  the driver is unable or refuses to produce to a peace officer or an inspector the daily logs, supporting documents or any other register that the driver must possess under section 34;

(4)  there is evidence that shows that the driver has completed more than one daily log, has entered inaccurate information in the daily log or has falsified information in the daily log; or

(5)  the driver has mutilated or defaced a daily log or a supporting document in such a way that the peace officer cannot determine whether the driver has complied with the hours or driving and hours of rest requirements of Chapter II or the requirements of a permit issued under Chapter III.

O.C. 367-2007, s. 39.