Section 23: Required to carry and surrender daily logs and supporting documents

Ontario

Hours of Service

Part VI -- Recordkeeping

23. (1) A driver who is required to keep a daily log shall not drive unless the driver has in his or her possession,

(a) a copy of the daily logs or a copy of the record required to be kept under subsection 18 (3), for the preceding 14 days;

(b) the daily log for the current day, completed up to the time at which the last change in the driver's duty status occurred; and

(c) any supporting documents. O. Reg. 555/06, s. 23 (1).

(2) A driver shall immediately surrender the documents referred to in subsection (1) for inspection upon the demand of an inspector. O. Reg. 555/06, s. 23 (2); O. Reg. 136/21, s. 2 (1).

(2.1) If a demand is made under subsection (2), the following rules apply with respect to a driver who uses a computer to make a daily log:

1. If the demand requires the driver to surrender to the inspector a printed or handwritten daily log generated from the information stored in the computer for each of the days, the driver shall immediately do so.

2. If the demand requires the driver to electronically transmit to the inspector the information stored in the computer for each of the days, the driver shall do so as soon as reasonably possible. O. Reg. 136/21, s. 2 (2).

(3) If a demand is made under subsection (2), the following rules apply to a driver who uses a recording device to make a daily log or who has used a recording device to make a daily log for any of the preceding 14 days:

1. If the demand requires the driver to surrender to the inspector a printed or handwritten daily log generated from the information stored in the device for each of the days, the driver shall immediately do so.

2. If the demand requires the driver to show the following displays to the inspector, the driver shall immediately do so:

i. A readable display from the device of the required information stored in the device for each of the days.

ii. A readable display from the device indicating that it has not been disconnected during any of the previous 14 days that it has been used to make a daily log.

3. If the demand requires the driver to electronically transmit to the inspector the information stored in the device for each of the days, the driver shall do so as soon as reasonably possible. O. Reg. 136/21, s. 2 (3).

(4) An operator shall not request, require or allow a driver to drive in contravention of subsection (1). O. Reg. 555/06, s. 23 (4).

© 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.