Section 3.2: Exemption from Regulation, certificate

Ontario

Hours of Service

Part I -- Interpretation, Application

3.2 (1) Subject to subsection (4), a driver and operator are exempt from this Regulation while the driver is driving a vehicle in respect of which an exemption certificate has been issued under subsection 191 (3) of the Act. O. Reg. 401/16, s. 2.

(2) For the purposes of subsection 191 (3) of the Act, the following classes of vehicles are prescribed:

1. A vehicle that meets the definition of "road-building machine" in subsection 1 (1) of the Act, as that term was defined on June 30, 2017.

2. A vehicle used in support of a crane, provided that,

i. the crane is a vehicle described in paragraph 1,

ii. the vehicle is operated by a crane operator, and

iii. the vehicle is carrying parts for the crane. O. Reg. 213/18, s. 2 (1).

(3) For the purposes of subsection 191 (5) of the Act, the following conditions are prescribed:

1. An exemption certificate issued under subsection 191 (3) of the Act is valid until June 30, 2022.

2. For a vehicle described in paragraph 2 of subsection (2), the crane operator must surrender the operator's certificate of qualification or proof of apprenticeship, as the case may be, or a copy of it, on the demand of an inspector. O. Reg. 401/16, s. 2; O. Reg. 213/18, s. 2 (2).

(4) A driver's on-duty time and off-duty time, within the meaning of this Regulation, when he or she is exempt from this Regulation under subsection (1) shall nonetheless be included in the calculations of a driver's hours of off-duty and on-duty time for the purposes of complying with this Regulation on the days when the driver is not exempt under subsection (1). O. Reg. 401/16, s. 2.

(5) In this section,

"crane operator" means a person,

(a) who holds a certificate of qualification issued under the Ontario College of Trades and Apprenticeship Act, 2009, that is not suspended, in the trade of Hoisting Engineer - Mobile Crane Operator 1 or Hoisting Engineer - Mobile Crane Operator 2, or

(b) who is an apprentice and is working pursuant to a training agreement registered under the Ontario College of Trades and Apprenticeship Act, 2009, that is not suspended, in the trade of Hoisting Engineer - Mobile Crane Operator 1 or Hoisting Engineer - Mobile Crane Operator 2. O. Reg. 213/18, s. 2 (3).

© King's Printer for Ontario, 2012-2021. The text is not the official version of Ontario's Highway Traffic Act or associated regulations. For official text, refer to www.ontario.ca/laws.