81. Requirement to Fill Out a Record of Duty Status

(1) A motor carrier 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 on-duty time and off-duty time for that day if

(a) the driver is driving a commercial vehicle as set out in paragraphs 77(1)(a) to (d); or

(b) the ELD is displaying a malfunction or data diagnostic code set out in Table 4 of Schedule 2 of the Technical Standard.

(2) This section does not apply if

(a) the driver drives, or is instructed by the motor carrier to drive, a commercial vehicle within a radius of 160 km of the home terminal;

(b) the driver returns to the home terminal each day to begin a minimum of 8 consecutive hours of off-duty time;

(c) the motor carrier maintains accurate and legible records showing, for each day, the cycle the driver followed and on-duty times and keeps those records and the supporting documents relating to those records for a minimum period of 6 months after the day on which each record was recorded; and

(d) the driver is not driving a commercial vehicle under a permit issued under these Regulations or is driving under an exemption issued under the Act.

SOR/2019-165, s. 27