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['Hours of Service']
['Hours of Service']
12/07/2023
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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Canada’s Commercial Vehicle Drivers Hours of Service Regulations specify daily driving and on-duty maximums, daily off-duty requirements, and workshift length limits.
The primary focus of the regulations is to prevent fatigue-related accidents involving commercial vehicle drivers by limiting the hours in which a driver may drive, be on duty, and complete their driving.
Scope
Canada’s federal hours of service regulations apply to carriers operating in more than one province/territory and U.S. drivers operating commercial vehicles in Canada. Under the Commercial Vehicle Drivers Hours of Service Regulations, commercial vehicles are defined as:
- Trucks, tractors, or trailers, or any combination of them, that have a registered gross vehicle weight exceeding 4,500 kilograms; or
- Buses with a seating capacity of more than 10 persons, including the driver.
- Two- or three-axle commercial vehicles being used for transporting the primary products of a farm, forest, sea or lake (if the driver or the motor carrier is the producer of the products) or a return trip after transporting the primary products of a farm, forest, sea or lake, if the vehicle is empty or is transporting products used in the farm, forest, sea or lake operation;
- Emergency vehicles; and
- Vehicles providing relief in a public welfare emergency.
Regulatory citations
- Commercial Vehicle Drivers Hours of Service Regulations (SOR/2005-313)
Key definitions
- Commercial vehicle: Trucks, tractors, or trailers, or any combination of them, that have a registered gross vehicle weight exceeding 4,500 kilograms; or buses with a seating capacity of more than 10 persons, including the driver.
Summary of requirements
Driver cyles. Because the intent of the regulation is to limit the driving and on-duty time in a day, and to ensure drivers obtain enough rest, the regulations establish cycles that drivers must follow.
Cycle 1 allows drivers to accumulate 70 hours of on-duty time over 7 days, while Cycle 2 allows drivers to accumulate 120 hours of on-duty time over 14 days. When a driver accumulates 70 hours of on-duty time in Cycle 2, the driver is required to take at least 24 consecutive hours off duty.
If a driver reaches the 70-hour limit in Cycle 1, then the driver can reset the cycle or switch to Cycle 2 by taking 36 hours off duty. If a driver reaches the 120-hour limit in Cycle 2, then the driver can reset the cycle or switch to Cycle 1 by taking 72 hours off duty.
Again, all drivers, regardless of cycle, must ensure they take at least 24 consecutive hours off-duty time in the preceding 14 days prior to driving.
Limitations. Drivers who are operating south of the 60th parallel are subject to the following limitations for driving time, on-duty time, and off-duty time:
- Daily driving and on-duty time. Drivers may not drive after accumulating 13 hours driving within a day or 14 hours of on-duty time within a day.
- Daily off-duty time. Drivers are required to take at least 10 hours off-duty or sleeper-berth time within a day. Two hours of the total 10 hours can be taken throughout the day in blocks of no less than 30 minutes. The two hours cannot be counted as part of a required eight consecutive-hour break. Please note, however, that the two additional hours can be added onto a required eight-hour break, thereby creating a consecutive 10-hour break.
- Off-duty time. After a driver has accumulated 13 hours driving time or 14 hours on-duty time, within a day or within a workshift (described below), the driver must take at least 8 consecutive hours of off-duty time before driving again. All drivers must ensure they take at least 24 consecutive hours of off-duty time in the preceding 14 days prior to driving.
Length of workshift and workshift limits. The rules prohibit drivers from driving after 16 hours have elapsed from the start of their workshift. The 16-hour period is determined by the conclusion of the most recent period of eight or more consecutive hours off duty to the start of the next period of eight or more consecutive hours off duty. The 16 hours includes all driving, on-duty, and off-duty time between the eight consecutive hour off-duty periods.
Drivers may not drive after accumulating 13 hours of driving or 14 hours of on-duty time within a workshift. This means that drivers have 16 hours from the start of the workshift to complete their driving time. Drivers cannot extend the workshift by taking off-duty time for lunches, naps, etc.
Emergencies and adverse driving conditions. The driving time, on-duty time, and off-duty time do not apply to a driver who, in an emergency, requires more driving time to reach the first destination that provides safety for the occupants of the commercial vehicle and other users of the road or for the security of the commercial vehicle and its load. An emergency could be an event or incident that would cause immediate harm to the driver, the cargo, or the passengers of the vehicle. Examples of emergencies could include a dangerous goods incident or a wildfire.
South-of-60th-parallel drivers who encounter unexpected adverse driving conditions are allowed to extend the permitted 13 hours of driving time and reduce the 2 hours of daily off-duty time by the amount of time needed to complete the trip if:
- The driving, on-duty, and elapsed time in the cycle the driver followed is not extended more than two hours;
- The driver still takes the required eight consecutive hours of off-duty time; and
- The trip could have been completed under normal driving conditions without the reduction.
Personal use. Drivers may use a commercial vehicle for personal use. A driver driving a commercial vehicle for personal use is not considered to be driving or on duty as long as:
- The vehicle has been unloaded;
- Any trailers have been unhitched;
- The distance traveled does not exceed 75 kilometres in a day;
- The driver has recorded in the logbook the odometer reading at the beginning and end of the personal use; and
- The driver is not subject to an out-of-service declaration.
Deferring daily off-duty time. Sometimes, drivers may encounter situations where they may not be able to take the additional two hours of off-duty time in a day. The deferral provision allows a driver to defer up to two hours of the daily off-duty time to the next day. The deferral is allowed only if all of the following conditions are met:
- The off-duty time deferred is not part of a mandatory eight consecutive hours of off-duty time;
- The total off-duty time taken over the two days is at least 20 hours;
- The off-duty time that was deferred is added to the eight consecutive hours of off-duty time taken in the second day;
- The total driving time over the two days does not exceed 26 hours; and
- The driver makes a notation in the “Remarks” area of the log for each day whether operating under day one or day two of the deferral.
Deferral applies to daily limits. The deferral provisions do not allow a driver to exceed the 13-hour driving rules or drive after accumulating 14 on-duty hours in a workshift, as the workshift limits are still in effect. For drivers to use the deferral option, they must complete eight consecutive hours off-duty within the first day. If any part of the eight consecutive hours falls on the next day, then the driver is in violation of trying to defer time that is part of a mandatory eight consecutive hours off duty.
Again, the deferral is not to be used as an extension of the workshift. Workshift limits are still in effect.
Splitting daily off-duty time. Single drivers and team drivers driving commercial vehicles equipped with sleeper berths are allowed to split the daily off-duty time into two periods, instead of taking one long period of off-duty time.
Single drivers who wish to split time must ensure that:
- Each period of off-duty time is at least two hours;
- The total of the two periods of off-duty time is at least 10 hours;
- Both periods of off-duty time are taken in the sleeper berth;
- None of the off-duty time is deferred to the next day; and
- In the time before and after each period:
- The driving time does not exceed 13 hours;
- There is no driving after the 14th hour on duty; and
- The elapsed time does not include any driving after the 16th hour.
The rules are slightly different for drivers in a team situation. Team drivers who split their daily off-duty time must meet the same requirements as a single driver, except that the periods of off-duty time must be at least four hours and the total of the two periods of off-duty time must be at least eight hours. Team drivers are still required to obtain 10 hours of off-duty time within a day.
In both a single-driver and a team-driver situation, the driver(s) must not exceed 16 hours of elapsed time in the periods immediately before and after the periods of off-duty time. The 16th hour is calculated by excluding any sleeper berth periods that are two or more hours, or four hours for team drivers, that, when added to a subsequent period, equals 10 hours, or eight hours for team drivers. Included in the 16 hour elapsed time is all on-duty time, all off-duty time not in the sleeper berth, all periods of sleeper berth time that are less than two hours, or four hours for team drivers, and any other period spent in the sleeper berth that does not meet the requirements.
Drivers north of the 60th parallel. Drivers north of the 60th parallel have slightly longer driving and elapsed time limits:
- After accumulating 15 hours driving, or 18 hours of on-duty time, a driver must take at least eight hours off duty before driving again. The rules prohibit drivers from driving after 20 hours have elapsed from the start of the workshift. The 20-hour period is determined by the conclusion of the most recent period of eight or more hours off duty to the start of the next period of eight or more hours off duty. The 20 hours includes all driving, on-duty, and off-duty time between the eight-hour off-duty periods.
- Drivers north of the 60th parallel may split the required off-duty time in the same manner as drivers south of the 60th parallel. However, single drivers only need to obtain eight hours, not 10 hours, of off-duty time. Drivers north of the 60th parallel are also allowed 18 hours of elapsed time, instead of 16 hours, in the periods immediately before and after the periods of off-duty time.
The cycle limits for drivers north of the 60th parallel are Cycle 1, 80 hours in 7 days, and Cycle 2, 120 hours in 14 days (with drivers required to obtain 24 consecutive hours of off-duty time upon reaching the 80th hour in the cycle). The cycle reset and switching provisions are the same as those for drivers south of the 60th parallel.
Emergencies and adverse driving. The driving time, on-duty time, and off-duty time do not apply to a driver who, in an emergency, requires more driving time to reach the first destination that provides safety for the occupants of the commercial vehicle and other users of the road or for the security of the commercial vehicle and its load. An emergency could be an event or incident that would cause immediate harm to the driver, the cargo, or the passengers of the vehicle. Examples of emergencies could include a dangerous goods incident or a wildfire.
Drivers who encounter adverse driving conditions may extend the permitted 15 hours of driving time by the amount of time needed to complete the trip if:
- The extension of the driving time is no more than 2 hours;
- The driver still takes the required 8 consecutive hours of off-duty time; and
- The trip could have been completed under normal driving conditions without the extension.
A driver who extends their driving, on-duty, or elapsed time because of an emergency or adverse driving conditions must record the reason for doing so in the “Remarks” section of the record-of-duty status.
Record-of-duty status requirements. Carriers and drivers in Canada are required to track their hours using a record-of-duty status.
The type of record-of-duty status used depends on the carrier. Unless exempt, federally regulated carriers and drivers are required to use certified electronic logging devices (ELDs) as of June 12, 2021.
If a carrier or driver is exempt from using an ELD, then a manual record-of-duty status may be used to record hours of service (such as a paper log or a computer/tablet not connected to the vehicle’s engine).
The hours-of-service regulation adopts by reference the Canadian Council of Motor Transport Administrator’s (CCMTA’s) Technical Standard for Electronic Logging Devices Version 2.1, October 27, 2020, which includes the technical operational standards and requirements for ELDs used in Canada.
Editor’s note: A progressive enforcement period for ELDs started June 12, 2021, and is in effect to January 1, 2023, in all jurisdictions. Alberta and Manitoba started issuing warnings starting in December 2021, but these warnings do not impact carrier profiles.
Applicability. Exemptions from using ELDs apply to:
- Drivers who are driving under a permit or statutory exemption;
- Drivers of vehicles subject to rental agreements for a term of 30 days or less; and
- Commercial vehicles that were manufactured before the year 2000.
Drivers operating within the 160-kilometre radius of the home terminal are not required to use an ELD as long as the driver returns to the home terminal each day to begin at least eight consecutive hours of off-duty time and the carrier maintains accurate and legible records showing for each day the driver’s cycle and on-duty times and keeps those records and the supporting documents for at least six months. If a driver no longer qualifies for this allowance, an ELD is required.
Third-party certification. ELDs used in Canada require third-party certification. Transport Canada’s listing of third-party certification bodies can be found at http://tiny.cc/certification-bodies. Transport Canada also maintains a listing of ELD providers and their certified devices on its website at http://tiny.cc/ELD-providers.
ELD information packets. Motor carriers are required to ensure each commercial vehicle in operation carries an ELD information packet containing the following documents:
- An ELD user’s manual;
- An instruction sheet for the driver describing the data transfer mechanisms supported by the ELD and the steps required to generate and transfer the data to an inspector;
- An instruction sheet for the driver describing measures to take in the event an ELD malfunctions; and
- At least 15 days’ worth of blank records of duty status.
Yard and personal use moves. Yard movements and personal use configurations are allowed on an ELD.
Yard movements are considered to be on-duty time, not driving time. If the vehicle exceeds 32 km/hour, the time will automatically switch to driving time.
Personal use operations are limited to 75 kilometers per day, and the starting/ending odometer readings must be stored in the ELD.
Transfer to enforcement. Transmission of ELD data to enforcement will be via email. Enforcement officers will view the hours recorded on the device but may request the driver send his or her ELD record to the officer via email. Local transfer by Bluetooth or USB is an option but is not a mandatory function of an ELD under the regulations.
Device malfunction requirements. Carriers are required to ensure ELDs installed or used in commercial vehicles are operating, in good working order, and maintained according to manufacturer’s specifications.
On the road, if a driver becomes aware that an ELD is malfunctioning, the driver must notify the carrier as soon as the vehicle is parked.
A driver must record record-of-duty status, on the day on which the malfunction or data diagnostic code was noticed, the following information:
- The malfunction or data diagnostic code (from Table 4 of Schedule 2 of the Technical Standard);
- The date and time when the malfunction or data diagnostic code was noticed; and
- The time when notification of the malfunction or data diagnostic code was transmitted to the motor carrier.
Drivers must record the malfunction or data diagnostic code on each record-of-duty status following the day the code was noticed, until the ELD is repaired or replaced.
When a device malfunctions, the motor carrier has up to 14 days to repair or replace the ELD (or at the latest, upon return of the driver to the home terminal from a planned trip if the return exceeds the 14-day period).
Carriers are required to maintain a register of ELD malfunction codes, which must contain the following details:
- Name of driver who noticed the malfunction or data diagnostic code;
- Name of each driver who used the commercial vehicle following the discovery of the malfunction or data diagnostic code until the ELD was repaired or replaced;
- Make, model, and serial number of the ELD;
- Licence plate number of the commercial vehicle in which the ELD was installed or used, or the Vehicle Identification Number (VIN);
- The date when the malfunction or data diagnostic code was noticed and the location of the commercial vehicle on that date, as well as the date when the motor carrier was notified or otherwise became aware of the code;
- The date the ELD was replaced or repaired; and
- A concise description of the actions taken by the motor carrier to repair or replace the ELD.
This information must be retained for six months.
Manual records-of-duty status. When drivers are exempt from using ELDs, or if the ELD malfunctions, drivers are required to use a manual record-of-duty status.
The following information is required on a record-of-duty status:
- Date;
- Start time if other than midnight;
- Driver’s name printed;
- Driver’s signature at the end of the day;
- Co-driver name (as applicable);
- Driver’s cycle;
- Starting and ending odometer readings of each commercial vehicle operated by the driver;
- Commercial vehicle licence plates or unit numbers;
- A graph-grid to record duty status times;
- Total hours spent in each duty status (adding up to 24 hours);
- Names and addresses of the home terminal and principal place of business of every motor carrier by whom the driver was employed or otherwise engaged during the day;
- In the “Remarks” area, a 14-day record of on-duty and off-duty time if no record of duty status was required the previous day;
- In the “Remarks” area, the starting and ending odometers of any personal use operation of the vehicle; and
- In the “Remarks” area, if the driver is deferring time, an indication of whether the driver is operating under day one or day two of the deferral.
Record-of-duty status contents. The driver is required to record the hours spent in each duty status on the graph grid and record the location of each duty status change (the name of the municipality or the location on a highway or in a legal subdivision and the name of the province or state where a change in duty status occurs).
If a driver is engaged in making deliveries in a municipality that result in a number of periods of driving time being interrupted by a number of short periods of other on-duty time, the periods of driving time may be combined and the periods of other on-duty time may be combined.
At the end of the day, the driver is required to record the total hours for each duty status, total distance driven during the day (minus personal use), and the ending odometer reading. The driver must also sign the record attesting to its accuracy.
Supporting documents. Drivers must carry the previous 14 days’ records of duty status in the vehicle. The drivers must also have in their possession any supporting documents for the current trip that support the hours and information recorded on the driver’s record of duty status.
Supporting documents include:
- Any electronic mobile communication record reflecting communications between a driver and a motor carrier transmitted through a driver call-in or fleet management system;
- Any payroll record, settlement sheet, or equivalent document that indicates payments to the driver;
- Any government-issued document indicating the location of the commercial vehicle;
- Any reports, receipts, records, or other documentation relating to the load of the commercial vehicle, including any bill of lading, itinerary, schedule, or equivalent document that indicates the origin and destination of each trip;
- Any reports, receipts, records, or other documentation relating to the servicing, repairing, conditioning, fuelling, inspection, or rental of the commercial vehicle; and
- Any reports, dispatch, or trip records, receipts, or other documentation indicating the date, time, or location of the commercial vehicle during a trip, including arrival and departure times.
Hours of service permits. The Commercial Vehicle Drivers Hours of Service Regulations and the Motor Vehicle Transport Act allow for hours of service exemption permits for oil well service vehicles and non-oil well service vehicles. Current exemption permits exist for the following:
- Canadian Pacific Railway. Allows an alternative to the on-duty time limit before having to take 24 hours off in Cycle 2; allows Canadian Pacific Railway and its maintenance-of-way workers who drive commercial vehicles as part of their duties to take larger periods of daily consecutive off-duty time as an alternative to meeting the mandatory off-duty time requirements of clause 27(b) of the Regulations.
- Essential Freight Transportation Exemption. Allows support efforts by extra-provincial truck undertakings and their drivers to transport essential supplies and equipment, in direct assistance to emergency relief efforts during the response to COVID-19.
- Fertilizer Canada: Allows an alternative to operating under the duty cycles; allows motor carriers and their drivers engaged in the transportation of liquid and anhydrous ammonia fertilizer products to operate under a more flexible work/rest schedule as an alternative to operating under the 7-day or 14-day cycles.
More information is available at http://tinyurl.com/HOSexempt.
Jurisdiction hours of service. The jurisdiction regulations closely follow the federal regulations, with minor differences. Some jurisdictions adopt the federal regulations by reference (with amendments) and some jurisdictions adopt their own hours of service regulations. Each jurisdiction is responsibile for enforcing the regulations. Refer to each jurisdiction’s information for an explanation of the hours-of-service regulations.
['Hours of Service']
['Hours of Service']