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

À jour au 30 avril 2023

Ce document a valeur officielle.

chapter C-24.2, r. 28

Regulation respecting the hours of driving and rest of heavy vehicle drivers

Highway Safety Code

(chapter C-24.2, ss. 519.21.1 and 621, 1st par, subpars. 12, 12.0.1, 12.0.2, 12.1, 12.2, 12.2.1, 12.2.2, 12.4, 39 and 42).

The sections in respect of heavy vehicles registered in the name of the Ministère des Transports et de la Mobilité durable that are under the management of the Centre de gestion de l’équipement roulant of that department comes into force on 1 September 2023, and in respect of heavy vehicles registered in the name of Hydro-Québec or one of its wholly-owned subsidiaries, it comes into force on 31 December 2024. (O.C. 77-2023, 2023 G.O. 2, 75)

CHAPTER I DEFINITIONS AND SCOPE

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.

2. For the purposes of this Regulation,

“duty status” means, in respect of a driver, any of the following periods:

(a)  hours of rest, other than time spent in a sleeper berth;

(b)  hours of rest spent in a sleeper berth;

(c)  hours of driving;

(d)  hours of service, other than hours of driving; (activité)

“establishment” means the place designated by the operator as the place where records of duty status, supporting documents and other records required by this Regulation are kept; (établissement)

“sleeper berth” means an area of a heavy vehicle that meets the requirements of Schedule I; (compartiment couchette)

“Technical Standard” means the Technical Standard for Electronic Logging Devices published by the Canadian Council of Motor Transport Administrators, as referred to in the Commercial Vehicle Drivers Hours of Service Regulations (SOR/2005-313); (norme technique)

“work shift” means the time between 2 periods of at least 8 consecutive hours of rest. (poste de travail)

O.C. 367-2007, s. 2; O.C. 77-2023, s. 2.

3. The provisions applicable to an operator under Chapter II apply to a shipper, a consignee or any other person.

O.C. 367-2007, s. 3.

4. Sections 519.9, 519.10, 519.20, 519.21.2, 519.21.3, 519.25 and 519.26 of the Code and this Regulation do not apply to the driver or operator of

(1)  a heavy vehicle driven for personal purposes

(a)  for a whole day; or

(b)  for the first 75 km travelled during a day, if

i.  the vehicle has been unloaded and any trailers have been unhitched,

ii.  the distance travelled does not exceed 75 km in a day,

iii.  the driver has recorded the odometer reading in the record of duty status at the beginning and end of the personal use, and

iv.  the driver is not the subject of an out-of-service declaration under section 39;

(2)  an emergency vehicle;

(3)  a heavy vehicle used when required by an emergency service or in the cases of disaster within the meaning of the Civil Protection Act (chapter S-2.3);

(4)  special mobile equipment;

(5)  a farm tractor or farm machinery within the meaning of the Regulation respecting road vehicle registration (chapter C-24.2, r. 29) and a farm trailer owned by a farmer and having the characteristics provided for in section 2 of the Regulation respecting safety standards for road vehicles (chapter C-24.2, r. 32);

(6)  a bus or minibus used for urban transport by a public transit authority or under a contract with a public transport body, an intermunicipal transport commission, an intermunicipal board, a municipality or a group of municipalities;

(7)  a combination of road vehicles where the gross vehicle weight rating of each vehicle is less than 4,500 kg, except a combination that requires the display of safety marks in accordance with Division IV of the Transportation of Dangerous Substances Regulation (chapter C-24.2, r. 43);

(8)  a road vehicle subject to the Transportation of Dangerous Substances Regulation that has a gross vehicle weight rating of less than 4,500 kg and that does not require the display of safety marks in accordance with Division IV of that Regulation, except minibuses and tow trucks;

(9)  a 2 or 3-axle truck being used for

(a)  transporting the primary products of a farm, forest or body of water, if the driver or operator of the truck is the producer of the products; or

(b)  a return trip after such transport, if the vehicle is empty or is transporting products used in the principal operation of a farm, forest or body of water.

Despite the foregoing, hours of service within the meaning of section 1 performed by a driver at the request of an operator of a vehicle mentioned in any of subparagraphs 2 to 9 of the first paragraph must be counted when a heavy vehicle subject to this Regulation is driven.

O.C. 367-2007, s. 4; O.C. 1051-2010, s. 1; O.C. 371-2016, s. 1; O.C. 77-2023, s. 3.

CHAPTER II SCHEDULING

DIVISION I CYCLES

5. An operator shall require that a driver follows and the driver shall follow either cycle 1 or cycle 2.

O.C. 367-2007, s. 5.

6. Subject to section 8, no operator may 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 70 hours of service during any period of 7 consecutive days.

O.C. 367-2007, s. 6.

7. Subject to section 8, no operator 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

(1)  120 hours of service during any period of 14 consecutive days; or

(2)  70 hours of service without having taken at least 24 consecutive hours of rest.

O.C. 367-2007, s. 7.

8. A driver may end the current cycle, begin a new cycle or switch from one cycle to another if the driver first takes the following hours of rest:

(1)  for cycle 1, at least 36 consecutive hours;

(2)  for cycle 2, at least 72 consecutive hours.

After taking the hours of rest, the driver begins a new cycle, the accumulated hours are set back to zero and the hours of driving begin to accumulate again.

O.C. 367-2007, s. 8.

DIVISION II MAXIMUM NUMBER OF HOURS OF DRIVING AND HOURS OF SERVICE

9. Before driving, a driver must have had at least 8 consecutive hours of rest immediately before beginning a work shift.

No operator shall request, require or allow a driver to drive and no driver shall drive after the driver has accumulated 13 hours of driving or 14 hours of service, or after 16 hours have elapsed since the conclusion of the most recent period of 8 consecutive hours of rest, unless the driver takes at least 8 consecutive hours of rest before driving again.

The period of 8 consecutive hours of rest may not be taken in a stopped heavy vehicle unless they are spent in the sleeper berth.

O.C. 367-2007, s. 9.

10. No operator shall request, require or allow a driver to drive and no driver shall drive after the driver has accumulated 13 hours of driving or 14 hours of service in a day.

O.C. 367-2007, s. 10.

DIVISION III HOURS OF REST

§ 1 . — General

11. The time spent by a driver, at the request of the operator by whom the driver is employed or otherwise engaged, as a passenger in a vehicle transporting the driver to the place where the driver will begin to drive is considered part of the hours of rest, if once arrived at the destination the driver takes at least 8 consecutive hours of rest before driving again.

O.C. 367-2007, s. 11.

12. Subject to section 8, no operator 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 rest in the preceding 14 days.

O.C. 367-2007, s. 12.

§ 2 . — Daily rest

13. An operator shall ensure that a driver takes and the driver shall have taken at least 10 hours of rest during each of the 14 days prior to driving a heavy vehicle.

The total amount of rest taken by a driver in a day shall include at least 2 hours of rest that does not form part of a period of 8 consecutive hours of rest required under section 9.

Rest other than the mandatory 8 consecutive hours may be distributed throughout the day in blocks of no less than 30 minutes each.

O.C. 367-2007, s. 13; O.C. 77-2023, s. 4.

DIVISION IV SPECIAL PROVISIONS

§ 1 . — Deferral of Daily Rest

14. Despite sections 10 and 13, a driver may defer a maximum of 2 daily hours of rest to the following day if

(1)  the driver is not splitting daily hours of rest in accordance with section 16 or 17;

(2)  the hours of rest deferred are not part of the mandatory 8 consecutive hours of rest;

(3)  the hours of rest deferred are added to the 8 consecutive daily hours of rest taken in the second day;

(4)  the total of the hours of rest taken in the 2 days is at least 20 hours;

(5)  the total of the hours of driving in the 2 days does not exceed 26 hours;

(5.1)  the hours of driving in a day do not exceed 15 hours; and

(6)  the driver indicates in the record of duty status that the driver is deferring hours of rest under this section and whether the driver is driving under day one or day 2 of the deferral period.

O.C. 367-2007, s. 14; O.C. 77-2023, s. 5.

§ 2 . — Ferries

15. Despite sections 9 and 13, a driver travelling by a ferry crossing scheduled to take more than 5 hours is not required to take the mandatory 8 consecutive hours of rest if

(1)  the time spent resting in a sleeper berth while waiting to board the ferry, in a cabin on the ferry and at a place that is no more than 25 km from the point of disembarkation from the ferry combine to total a minimum of 8 hours;

(2)  the hours are recorded in the record of duty status as hours of rest spent in a sleeper berth; and

(3)  the driver retains the receipt for the crossing and accommodation fees.

O.C. 367-2007, s. 15; O.C. 77-2023, s. 6.

§ 3 . — Splitting of Daily Rest

16. A driver who is driving a heavy vehicle fitted with a sleeper berth may meet the mandatory hours of rest and daily hours of rest requirements of sections 9 and 13 by accumulating hours of rest in no more than 2 periods if

(1)  neither period of rest is shorter than 2 hours;

(2)  the total of the 2 periods of rest is at least 10 hours;

(3)  the rest is spent resting in the sleeper berth;

(4)  the total of the hours of driving in the periods immediately before and after each of the periods of rest does not exceed 13 hours;

(5)  no hours of driving are worked after the driver has accumulated 14 hours of service in the periods immediately before and after each period of rest;

(6)  the elapsed time in the periods immediately before and after each of the periods of rest does not include any driving time after the 16th hour after the driver comes on-duty; and

(7)  none of the daily rest is deferred to the next day.

No operator shall request, require or allow a driver to begin to drive again and no driver shall begin to drive again in accordance with the requirements of sections 9 and 13 without first taking at least 8 consecutive hours of rest.

O.C. 367-2007, s. 16.

17. A team of drivers driving a heavy vehicle fitted with a sleeper berth may meet the mandatory hours of rest and daily hours of rest requirements of sections 9 and 13 by accumulating hours of rest in no more than 2 periods if

(1)  neither period of rest is shorter than 4 hours;

(2)  the total of the 2 periods of rest is at least 8 hours; and

(3)  the rules prescribed by subparagraphs 3 to 7 of the first paragraph of section 16 are complied with.

No operator shall request, require or allow a driver to begin to drive again and no driver shall begin to drive again in accordance with the requirements of sections 9 and 13 without first taking at least 8 consecutive hours of rest.

O.C. 367-2007, s. 17.

§ 4 . — Towing

18. The driver of a tow truck may exceed the hours of driving and hours of service and reduce the hours of rest prescribed by this Chapter if the driver has to complete the towing of a vehicle stopped on a public road and return to the home terminal if

(1)  the driver may reach the location of the breakdown or accident under normal road conditions in accordance with the prescribed hours; and

(2)  the driver does not travel more than 160 km from the towing location to the home terminal.

O.C. 367-2007, s. 18.

§ 5 . — Snow removal

19. Despite sections 9, 10 and 13, where public safety requires that snow be removed from a public road or that ice melter or abrasives be spread on a public road, in accordance with the requirements established by municipalities or the Ministère des Transports, a driver may drive up to 15 hours per work shift in accordance with either of the following options:

(1)  during a maximum of 2 consecutive work shifts, the driver subtracts the hours of rest required under the second paragraph of section 13 and adds them to the 8 consecutive hours of rest taken at the end of the first, second or third work shift if

(a)  no driving time is done if the driver has accumulated 16 hours of service or 16 hours have elapsed since the conclusion of the most recent period of 8 consecutive hours of rest;

(b)  at least 8 consecutive hours of rest were taken immediately before beginning the first work shift;

(c)  the driver does not split the daily hours of rest in accordance with section 16 or 17;

(d)  the total duration of the daily hours of rest taken in the 3-day period during which the 3 work shifts are performed is at least 30 hours;

(e)  the total duration of the hours of driving during those 3 work shifts does not exceed 39 hours; and

(f)  the driver indicates in the record of duty status that the driver is subtracting hours of rest under this section, the option used to remove the time and whether it is the first, second or third work shift; or

(2)  during a single work shift, the driver removes 2 of the 8 consecutive hours of rest taken at the end of the work shift and the hours of rest required under the second paragraph of section 13, and adds that time to the 8 consecutive hours of rest taken at the end of the second work shift in accordance with the conditions prescribed in clauses a to f of subparagraph 1.

A driver who has chosen an option may not choose the other option before the end of the third work shift.

O.C. 367-2007, s. 19; O.C. 77-2023, s. 7.

§ 6 . — Emergencies

20. The requirements of this Regulation in respect of hours of driving, service and rest do not apply to a driver who, in an emergency, requires more hours of driving to reach a destination that provides safety for the occupants of the heavy vehicle and for other users of the road or the security of the heavy vehicle and its load.

O.C. 367-2007, s. 20.

§ 7 . — Adverse driving conditions

21. A driver who encounters adverse driving conditions during a trip may extend the hours of driving and service permitted under sections 9 and 10 and the hours of service permitted under sections 6 and 7 by no more than 2 hours to complete the trip if

(1)  the driver still takes the required 8 consecutive hours of rest;

(2)  the driver removes all or part of the 2 daily hours of rest required under the second paragraph of section 13 that have not been taken; and

(3)  the trip could have been completed under normal driving conditions without the removal.

Adverse driving conditions are adverse road or weather conditions that were not known to the driver or operator before the driver began driving or could not reasonably have been known to them.

O.C. 367-2007, s. 21.

CHAPTER III PERMIT TO DEPART FROM HOURS OF DRIVING AND REST

22. The Société may issue a permit to an operator authorizing the operator to depart from hours of driving and rest prescribed by this Regulation if

(1)  the safety and health of the public so require;

(2)  the vehicle covered by the permit travels in Québec only; and

(3)  the operator took the means necessary to ascertain that the service could not be provided in accordance with this Regulation.

O.C. 367-2007, s. 22.

23. The Société may also issue a permit to an operator authorizing the operator to depart from hours of driving and rest by reducing the daily hours of rest required under the second paragraph of section 13 by no more than 2 hours and by increasing the hours of driving by no more than 2 hours if

(1)  the safety and health of the public, the driver or the employees of the operator are not or are unlikely to be jeopardized; and

(2)  the reduction in the hours of rest or increase in the hours of driving and service is required

(a)  to allow a driver following a regular itinerary to reach the home terminal or destination;

(b)  to allow the delivery of perishable goods; or

(c)  to accommodate a significant temporary increase in the transportation of passengers or goods by the operator.

O.C. 367-2007, s. 23.

24. To be issued a permit referred to in section 22 or 23, an operator must apply to the Société and provide it with the following documents and information:

(1)  the name and address of the operator;

(2)  the names of the drivers concerned, their driver’s licence numbers and the provinces or territories of issuance;

(3)  a description of the heavy vehicles covered by the permit applied for;

(4)  a list of all accidents involving the operator or any driver that occurred during the 6 months before the date of the application if they are required by the laws of the province, territory or state in which the accident occurred to be reported to the police;

(5)  the requested duration of the permit;

(6)  the requested schedule;

(7)  the reasons for the application, with supporting evidence;

(8)  in the case of an extra-provincial truck undertaking, a detailed description of the load and the Canadian provinces and territories in respect of which the permit is to apply;

(9)  in the case of an extra-provincial bus undertaking, a detailed description of the routes in respect of which the permit is to apply;

(10)  a copy of any permit or licence that departs from this Regulation and that was issued in the previous 5 years to the operator by the Société or a federal, provincial or territorial director;

(11)  a signed declaration that discloses any other application for a permit made by the operator to a director within the 6 months before the date of the application; and

(12)  any other information required by the Société to evaluate whether the granting of a permit would or would be likely to jeopardize the safety or health of the public, the driver or the employees of the operator.

If requested by the Société to do so, the operator shall make available to the Société the records of duty status, supporting documents or records of hours of service, for the 6 months before the application, of the drivers covered by the permit.

O.C. 367-2007, s. 24; O.C. 77-2023, s. 8.

25. Before issuing a permit, the Société shall obtain the written approval of the provincial or territorial directors of the provinces or territories in which the heavy vehicle will be driven under the permit.

O.C. 367-2007, s. 25.

26. The permit must specify the reasons for issuing it, its duration and any terms or conditions required for the protection of the safety or health of the public, the driver or the employees of the operator.

O.C. 367-2007, s. 26; O.C. 77-2023, s. 9.

27. An operator to whom a permit is issued shall

(1)  keep a copy of the permit in each heavy vehicle in respect of which it applies;

(2)  when the Société so requests, provide the particulars concerning the heavy vehicles in respect of which the permit applies and keep the Société informed of any changes so that it may accurately and quickly identify the vehicles;

(3)  make available for inspection by the Société, immediately on request, the records of duty status and the supporting documents of the drivers of the heavy vehicles in respect of which the permit applies or the records of hours of service of the drivers; and

(4)  notify the Société without delay of any accident involving any of the heavy vehicles to which the permit applies if it is required by the laws of the province, territory or state in which the accident occurred to be reported to the police.

O.C. 367-2007, s. 27; O.C. 77-2023, s. 10.

28. When it is required to approve the issue of a permit to a director to whom an application for a permit is made in respect of a heavy vehicle that will travel in Québec, the Société shall

(1)  respond to the request for approval within 30 days after receiving it; and

(2)  give its approval if it has no reason to believe that the safety or health of the public, the driver or the employees of the operator would be or would be likely to be jeopardized by the granting of the permit.

O.C. 367-2007, s. 28.

CHAPTER III.1 ELECTRONIC LOGGING DEVICE

O.C. 77-2023, s. 11.

28.1. The operator shall ensure that every heavy vehicle under the operator’s responsibility is equipped with an electronic logging device that meets the requirements of the Technical Standard, except in the case of

(1)  a vehicle that is the subject of a rental agreement of not longer than 30 days that is not an extended or renewed rental of the same heavy vehicle;

(2)  a vehicle manufactured before model year 2000;

(3)  a vehicle driven to be delivered

(a)  to an owner’s home terminal following the transfer of the right of ownership;

(b)  to a lessee;

(c)  to a lessor during a rental agreement or when it expires; or

(d)  to a branch of a vehicle rental enterprise for an inventory adjustment; or

(4)  a vehicle driven within 5 days of its delivery following the transfer of the right of ownership;

(5)  a new vehicle driven to be delivered to an enterprise in order to complete its manufacture or make it comply with the use for which it is essentially intended, or driven to be returned to an owner following such an operation;

(6)  a vehicle driven within a radius of 160 km of the driver’s home terminal and the driver returns to the home terminal each day to begin a minimum of 8 consecutive hours of rest or to begin a minimum of 6 consecutive hours of rest in the situation described in subparagraph 2 of the first paragraph of section 19.

A vehicle referred to in subparagraph 3 or 4 of the first paragraph may not be hitched or loaded. A vehicle referred to in subparagraph 3 of the first paragraph may transport one or more vehicles by means of the saddle-mount method if the vehicles are part of the delivery.

A vehicle referred to in subparagraph 6 of the first paragraph does not cease to be exempted for the sole reason that the driver is unable to return to the home terminal on the same day because of adverse driving conditions.

O.C. 77-2023, s. 11; I.N. 2023-03-01.

28.2. An operator who authorizes a driver to perform yard moves off a public road within a terminal, depot or port shall ensure that the electronic logging device has been configured so that the driver is able to indicate the moves.

O.C. 77-2023, s. 11.

28.3. The operator shall create and maintain a system of accounts for electronic logging devices that is in compliance with the Technical Standard and that allows each driver to record their records of duty status in a distinct and personal account and that provides for a distinct account for the hours of service of an unidentified driver.

O.C. 77-2023, s. 11.

28.4. The operator shall ensure that each heavy vehicle it operates that is equipped with an electronic logging device carries an information packet containing a current version of the following documents:

(1)  a user’s manual;

(2)  an instruction sheet for the driver describing the technological means supported by the electronic logging device and the steps required to make available or forward the data with respect to the driver’s hours of service to a peace officer;

(3)  an instruction sheet for the driver describing the measures to take in the event that the electronic logging device malfunctions; and

(4)  a sufficient number of records of duty status in paper form to allow the driver to record the information required under sections 31 and 32 for at least 15 days.

O.C. 77-2023, s. 11.

28.5. If a driver becomes aware of the fact that the electronic logging device is displaying a malfunction code appearing in Table 4 in Schedule 2 to the Technical Standard, the driver shall notify the operator as soon as the vehicle is parked.

The operator shall, within 14 days after the day on which it was notified of an electronic logging device malfunction by the driver or otherwise became aware of it, or at the latest, upon return of the driver to the home terminal from a planned trip if that return exceeds the 14-day period, repair or replace the electronic logging device.

The operator shall maintain a register of electronic logging device malfunction codes noticed on the electronic logging devices installed or used in the heavy vehicles it operates. The register shall contain the following information:

(1)  the name of the driver who noticed the malfunction code;

(2)  the name of each driver that used the vehicle between the time the malfunction code was noticed and the time the electronic logging device was repaired or replaced;

(3)  the make, model and serial number of the electronic logging device;

(4)  the registration plate number or vehicle identification number of the vehicle in which the electronic logging device was installed or used;

(5)  the date when the malfunction code was noticed and the location of the vehicle on that date, as well as the date when the operator was notified or otherwise became aware of the code;

(6)  the date the electronic logging device was replaced or repaired; and

(7)  a concise description of the actions taken by the operator to repair or replace the electronic logging device.

For each electronic logging device for which a malfunction code was noticed, the operator shall retain the information referred to in the third paragraph for a period of 6 months from the day on which the electronic logging device is replaced or repaired.

O.C. 77-2023, s. 11.

CHAPTER IV RECORD OF DUTY STATUS

O.C. 367-2007, c. IV; O.C. 77-2023, s. 12.

29. An operator shall require every driver to fill out and every driver shall fill out a record of duty status each day that accounts for all of the driver’s duty status for that day.

Time must be recorded using the local time at the driver’s home terminal.

O.C. 367-2007, s. 29; O.C. 77-2023, s. 13.

30. Despite section 29, a driver is not required to fill out a record of duty status if

(1)  the driver operates a vehicle that is not covered by a permit issued under Chapter III;

(2)  the driver operates or is instructed by the operator to operate a heavy vehicle within a radius of 160 km of the home terminal;

(3)  the driver returns to the home terminal each day to begin a minimum of 8 consecutive hours of rest; and

(4)  the operator meets either of the following conditions:

(a)  the operator maintains registers showing, for each day, the driver’s duty status and cycle followed, the hour at which each duty status begins and ends and the total number of hours spent in each status and, if applicable, the reasons for any excess hours or deferral of hours of rest in accordance with this Regulation; or

(b)  the operator maintains registers showing the date and time when the day begins if different than midnight, the cycle followed by the driver, the hour at which the driver’s work shift begins and ends and the total number of service during the day provided that

i.  the work shift begins and ends during the same day,

ii.  the duration of the work shift is 13 hours or less, and

iii.  the duration of the period of rest before and after the work shift is at least 11 consecutive hours.

O.C. 367-2007, s. 30; O.C. 77-2023, s. 14.

30.1. The operator shall require the driver to record all the information associated with the records of duty status using an electronic logging device, in accordance with the Technical Standard. The driver is required to comply with that requirement.

The following information shall be recorded by the driver:

(1)  the date;

(2)  the driver’s name and, if the driver is a member of a team of drivers, the names of the co-drivers;

(3)  the identification code assigned to the driver;

(4)  the time when the day begins if different than midnight;

(5)  the cycle followed by the driver;

(6)  the number of the registration plate of the motor vehicle or the unit number entered on the registration certificate;

(7)  the name of the operator and the addresses of the home terminal and the establishment of the operator by whom the driver is employed or otherwise engaged;

(8)  the heavy vehicle’s location description, if it is not automatically drawn from the electronic logging device’s geo-location database;

(9)  if the driver was not required to keep a record of duty status immediately before the beginning of the day, the number of hours of rest and hours of service that were accumulated by the driver during each day without that requirement during the 14 days before the beginning of the day;

(10)  if applicable, the reasons for any excess hours or deferral of hours of rest in accordance with this Regulation;

(11)  if the driver was working for more than one operator during the current day or the previous 14 days

(a)  for each day during the 14 days immediately before the current day, the total number of hours for each duty status that were accumulated by the driver, and the beginning and end time of each 16-hour period provided for in the second paragraph of section 9; and

(b)  the start and end times of each duty status in the current day, before the use of the electronic logging device;

(12)  if the driver became aware during the day of a malfunction code appearing in Table 4 in Schedule 2 to the Technical Standard,

(a)  the malfunction code;

(b)  the date and time at which the malfunction code was noticed; and

(c)  the time at which the driver notified the operator of the malfunction code; and

(13)  any annotation necessary to complete the record of duty status.

At the end of the day, the driver shall certify the accuracy of the record of duty status.

O.C. 77-2023, s. 15.

31. Despite section 30.1, a driver is exempted from the requirement to use an electronic logging device to record all information associated with the records of duty status if

(1)  the vehicle being driven is not equipped with an electronic logging device pursuant to any of subparagraphs 1 to 6 of the first paragraph of section 28.1; or

(2)  a malfunction code appearing in Table 4 in Schedule 2 to the Technical Standard is displayed on the electronic logging device of the vehicle being driven.

If the driver is exempted as provided in the first paragraph, the operator shall require the driver to enter, and the driver shall enter, the following information in the record of duty status at the beginning of each day:

(1)  the date;

(2)  the driver’s name and, if the driver is a member of a team of drivers, the names of the co-drivers;

(3)  the time when the day begins if different than midnight;

(4)  the cycle followed by the driver;

(5)  the number of the registration plate of the motor vehicle or the unit number entered on the registration certificate;

(6)  the odometer reading of each of the motor vehicles operated by the driver;

(7)  the name of the operator and the addresses of the home terminal and the establishment of the operator by whom the driver is employed or otherwise engaged;

(8)  if the driver was not required to keep a record of duty status immediately before the beginning of the day, the number of hours of rest and hours of service that were accumulated by the driver during each day without that requirement during the 14 days before the beginning of the day;

(9)  if applicable, the reasons for any excess hours or deferral of hours of rest in accordance with this Regulation;

(10)  if applicable, the malfunction code.

The driver must also enter during the day

(1)  the name and the addresses of the home terminal and the establishment of any other operator by whom the driver is employed or otherwise engaged; and

(2)  the information required by subparagraphs 5 and 6 of the second paragraph concerning any other motor vehicle used.

O.C. 367-2007, s. 31; O.C. 77-2023, s. 16.

32. In addition to the information prescribed by section 31, the operator shall require that the driver records and the driver shall record in the record of duty status

(1)  the hours in each duty status during the day, in accordance with Schedule II, and the location of the driver each time his or her duty status changes, as that information becomes known and the reasons for any excess hours; and

(2)  at the end of each day, the total hours for each duty status and the total distance driven by the driver that day, excluding the distance driven in respect of the driver’s personal use of the vehicle within the meaning of subparagraph 1 of the first paragraph of section 4, as well as the odometer reading at the end of the day and the driver’s signature on the record of duty status attesting to the accuracy of the information recorded in it.

O.C. 367-2007, s. 32; O.C. 77-2023, s. 17.

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.

34. No driver who is required to fill out a record of duty status shall drive and no operator shall request, require or allow the driver to drive unless the driver has in his or her possession

(1)  a copy of the records of duty status for the preceding 14 days;

(2)  the current record of duty status, completed up to the time at which the last change in the driver’s duty status occurred and, if more than one record of duty status is produced in accordance with section 33, the other records of duty status for the day;

(3)  any supporting documents that the driver received in the course of the current trip.

O.C. 367-2007, s. 34; O.C. 77-2023, s. 19.

34.1. A peace officer may request that a driver, pursuant to section 519.10 of the Highway Safety Code (chapter C-24.2), make available or forward to the peace officer, in their existing format, the driver’s records of duty status for the current day and the 14 preceding days, the supporting documents for the current trip and, if applicable, a copy of the permit issued under Chapter III.

To make a technology-based document available, the driver shall produce either a display or a printout of the document. To forward such a document, the driver shall send it by e-mail or, if the document is produced using an electronic logging device, by the technological means and in the form determined by the peace officer from among those prescribed in the Technical Standard and supported by the electronic logging device.

A driver unable to forward technology-based records of duty status shall enter the information they contain on records of duty status in paper form.

O.C. 77-2023, s. 20.

35. A driver shall, within 20 days after completing a record of duty status, forward the original of the record of duty status and supporting documents to the home terminal and the operator shall ensure that the driver does so.

A driver who is employed or otherwise engaged by more than one operator in any day shall forward, within 20 days after completing a record of duty status, and the operators shall ensure that the driver forwards

(1)  the original of the record of duty status to the home terminal of the first operator for which the driver worked or, if more than one record of duty status is produced in accordance with section 33, the original of each record of duty status to the home terminal of the operator concerned, and a copy of the record to the home terminal of each other operator for which the driver worked; and

(2)  the original supporting documents to the home terminal of the operator concerned.

O.C. 367-2007, s. 35; O.C. 77-2023, s. 21.

36. The operator shall keep the records of duty status and supporting documents at its establishment and deposit them there within 30 days after receiving them.

O.C. 367-2007, s. 36; O.C. 77-2023, s. 22.

37. An operator who hires a driver shall, at the time the driver begins work, obtain the records of duty status or information required under paragraph 4 of section 30 for the 14 days prior to the current day from the person providing the service and is required to provide them.

O.C. 367-2007, s. 37; O.C. 77-2023, s. 22.

38. A person who provides the services of a driver shall, at the time the driver begins work with an operator, provide the operator with the records of duty status or information required under paragraph 4 of section 30 for the 14 days prior to the current day.

O.C. 367-2007, s. 38; O.C. 77-2023, s. 22.

CHAPTER V OUT-OF-SERVICE DECLARATIONS

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.

40. The peace officer shall notify the driver and the operator in writing of the reason that the driver has been made the subject of an out-of-service declaration and the period during which it applies.

An out-of-service declaration applies

(1)  for 10 consecutive hours, if the driver contravenes paragraph 1 of section 519.8.1 of the Code;

(2)  for 10 consecutive hours, if the driver contravenes section 10;

(3)  for the number of hours needed to correct the failure, if the driver fails to comply with any of the hours of rest requirements of Chapter II or the requirements of a permit issued under Chapter III; and

(4)  for 72 consecutive hours, if the driver contravenes any of paragraphs 3 to 6 of section 39 or beyond the 72 hours until the driver rectifies the record of duty status, if applicable, and provides it to the peace officer so that the peace officer is able to determine whether the driver has complied with this Regulation.

O.C. 367-2007, s. 40; O.C. 77-2023, s. 24.

CHAPTER VI DRIVER’S RECORD

41. The operator or the person who offers the services of a driver shall record and keep the following information and documents:

(1)  a copy of the driver’s licence of the driver;

(2)  the declaration referred to in section 519.7 of the Code, signed by the driver, whereby the latter informs the operator that the driver’s licence has been suspended, modified or cancelled;

(3)  the driver’s hiring date;

(4)  a copy of the service contract between the person offering the services of a driver and the operator;

(5)  the records of duty status and the documents referred to in paragraph 4 of section 30; and

(6)  a copy of the permit issued under Chapter III.

The operator shall also keep the supporting documents in the record.

Despite the foregoing, if the driver’s services are leased by the operator, the operator shall record and keep the documents referred to in subparagraphs 4 and 5 of the first paragraph and the supporting documents only for that driver.

O.C. 367-2007, s. 41; O.C. 77-2023, s. 25.

42. The operator and the person providing the services of a driver shall keep the information and documents referred to in subparagraphs 1 to 4 of the first paragraph of section 41 for at least 12 months from either of the following dates:

(1)  the date the driver’s contract ended, with respect to subparagraphs 1, 3 and 4; or

(2)  the date on which the suspension, modification or cancellation of the driver’s licence ends, with respect to subparagraph 2.

The records of duty status and information referred to in subparagraph 5 of the first paragraph of section 41 and supporting documents must be kept in chronological order for each driver for a period of at least 6 months.

The copy of the permit issued under Chapter III must be kept for a period of at least 6 months after its expiry date.

O.C. 367-2007, s. 42; O.C. 77-2023, s. 25.

42.1. A peace officer may request that an operator, pursuant to section 519.25 of the Highway Safety Code (chapter C-24.2), make available or forward to the peace officer the documents referred to in section 41 and the register referred to in section 28.5 at the place the peace officer indicates.

To make a technology-based document or register available, the operator shall produce either a display or a printout of the document or register. To forward such a document or register, the operator shall send it by the technological means and in the form determined by the peace officer from among those available to the operator.

O.C. 77-2023, s. 26.

CHAPTER VII FINAL

43. This Regulation replaces the Regulation respecting hours of driving, hours of work and the heavy vehicle driver’s record (O.C. 389-89, 89-03-15).

O.C. 367-2007, s. 43.

44. (Omitted).

O.C. 367-2007, s. 44.

SCHEDULE I

(s. 2)

SLEEPER BERTHS

An area of a heavy vehicle is a sleeper berth if

(1) it is designed to be used as sleeping accommodation;

(2) it is located in the cab compartment or immediately adjacent to the cab compartment and is securely fixed to it;

(3) it is not located in or on a semi-trailer or a full trailer;

(4) if it is located in the cargo space, it is securely compartmentalized from the remainder of the cargo space;

(5) in the case of a bus,

(a) it is located in the passenger compartment;

(b) it is equipped with a berth at least 1.9 m in length, 60 cm in width and 60 cm in height;

(c) it is separated from the passenger area by a solid physical barrier that is equipped with a door that can be locked;

(d) it provides privacy for the occupant; and

(e) it is equipped with a means to significantly limit the amount of light entering the area;

(6) in the case of a heavy vehicle other than a bus, it is rectangular in shape with at least the following dimensions:

(a) 1.9 m in length, measured on the centre line of the longitudinal axis;

(b) 60 cm in width, measured on the centre line of the transverse axis; and

(c) 60 cm in height, measured from the sleeping mattress to the highest point of the area;

(7) it is constructed so that there are no impediments to ready entrance to or exit from the area;

(8) there is a direct and readily accessible means of passing from it into the driver’s seat or compartment;

(9) it is protected against leaks and overheating from the vehicle’s exhaust system;

(10) it is equipped to provide adequate heating, cooling and ventilation;

(11) it is reasonably sealed against dust and rain;

(12) it is equipped with a mattress that is at least 10 cm thick and adequate sheets and blankets or a sleeping bag; and

(13) when the driver is a member of a team of drivers, it is equipped with a means of preventing ejection of the occupant during deceleration of the heavy vehicle, the means being designed, installed and maintained to withstand a total force of 2,700 kg applied toward the front of the vehicle and parallel to the longitudinal axis of the vehicle.

O.C. 367-2007, Sch. I.

SCHEDULE II

(ss. 1 and 32)

INSTRUCTIONS

Fill out the grid as follows:

(a) for each duty status,

i. mark the beginning time and the end time, and

ii. draw a continuous line between the time markers;

(b) record the name of the municipality or failing that the route or post indicating the distance in kilometres or miles, as well the province, territory or state where a change in duty status occurs;

(c) if the driver is engaged in making deliveries in a municipality that result in hours of driving being interrupted by a number of short periods of other on-duty time, the hours of driving may be combined and the periods of other on-duty time may be combine

(d) enter on the right of the grid the total number of hours of each period of duty status, which total must equal 24 hours.

O.C. 367-2007, Sch. II; O.C. 77-2023, s. 27.

REFERENCES

O.C. 367-2007, 2007 G.O. 2, 1457

O.C. 1051-2010, 2010 G.O. 2, 3861

O.C. 371-2016, 2016 G.O. 2, 2093

O.C. 77-2023, 2023 G.O. 2, 75