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

Section 33 Disposition versions

2023-04-30

33. A driver may, during one day, produce an additional record of duty status if

(1)  the driver operates a vehicle subject to the obligation to be equipped with an electronic logging device pursuant to any of subparagraphs 1 to 6 of the first paragraph of section 28.1 after operating a vehicle that is not equipped with an electronic logging device, or the converse;

(2)  the vehicle operated is no longer subject to the obligation to be equipped with an electronic logging device pursuant to subparagraph 3 of the first paragraph of section 28.1;

(3)  the driver becomes aware that the electronic logging device of the vehicle he or she operates is displaying a malfunction code appearing in Table 4 of Schedule 2 to the Technical Standard;

(4)  the driver begins working for another operator and one of the records of duty status is technology-based.

O.C. 367-2007, s. 33; O.C. 77-2023, s. 18.

2012-09-01

33. A driver may use an electronic recording device for recording duty status if

(1)  the information contained in the electronic recording device is the same as the information that would have been provided if it had been submitted as a daily log in paper format;

(2)  the device is capable of displaying

(a)  the hours of driving and other hours of service for each day on which the device is used;

(b)  the total hours of service remaining and the total hours of service accumulated in the cycle being followed by the driver; and

(c)  the sequential changes in duty status and the time at which each change occurred for each day on which the device is used;

(3)  when requested to do so by a peace officer or an inspector, the driver can immediately provide the information for the previous 14 days by producing it on a digital display screen of the electronic recording device or in handwritten form or on a print-out or any other intelligible output, or any combination of these;

(4)  the driver is capable, if so requested by a peace officer or an inspector, of preparing a handwritten daily log from the information stored in the device for each day on which the device is used;

(5)  the operator provides blank daily log forms in the heavy vehicle for the driver’s use;

(6)  the device automatically records when it is disconnected and reconnected and keeps a record of the time and date of these occurrences;

(7)  the device records the time spent in each duty status of the driver; and

(8)  any daily log in paper format that is generated from the information that is stored in the device is signed on each page by the driver attesting to its accuracy.

An electronic recording device is an electric, electronic or telematic device that is capable of accurately recording each period of duty status, in whole or in part.

O.C. 367-2007, s. 33.