Section 190: Commercial motor vehicles, driving rules

Ontario

Highway Traffic Act

Part X: Rules of the Road

(1) In this section and in sections 191 and 191.0.1,

"operator" has the same meaning as in subsection 16 (1). 2014, c. 9, Sched. 2, s. 40.

Driving restrictions

(2) No person shall drive a commercial motor vehicle on a highway except in accordance with this section and the regulations made under this section. R.S.O. 1990, c. H.8, s. 190 (2).

Daily log

(3) Every driver shall maintain a daily log and shall carry it at all times while in charge of a commercial motor vehicle on the highway. R.S.O. 1990, c. H.8, s. 190 (3).

Surrender of daily log

(4) Every driver who is required under subsection (3) to carry a daily log shall surrender it to any police officer or officer appointed for the purpose of carrying out the provisions of this Act upon demand by the officer. R.S.O. 1990, c. H.8, s. 190 (4).

One daily log only

(5) No driver shall make or have more than one daily log that records the same time period or overlapping time periods. R.S.O. 1990, c. H.8, s. 190 (5).

Operator's duty

(6) No operator shall permit a person to drive a commercial motor vehicle on a highway except in accordance with this section or the regulations made under this section. R.S.O. 1990, c. H.8, s. 190 (6).

Regulations

(7) The Lieutenant Governor in Council may make regulations,

(a) prescribing the books, logs and records that shall be kept by operators and drivers of commercial motor vehicles;

(b) requiring the retention of books, logs and records, the information to be contained and the entries to be recorded therein and the places where they shall be kept;

(c) prescribing hours of work, periods of rest and other requirements for the purpose of subsection (2), including prescribing different hours or periods for different types of work or driving;

(d) exempting any person or class of persons or any vehicle or class of vehicles from any requirement in this section or any regulation made under this section and prescribing conditions for any such exemption.

(e) Repealed: 2009, c. 5, s. 52.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 190 (7) of the Act is amended by adding the following clause: (See: 2019, c. 15, Sched. 18, s. 7)

(e) prescribing and governing electronic logging devices to be used to record information, and governing the electronic books, logs and records to be made and kept.

R.S.O. 1990, c. H.8, s. 190 (7); 2009, c. 5, s. 52.

Offence and penalty

(8) Every person who contravenes this section or a regulation made under this section is guilty of an offence and on conviction is liable to a fine of not less than $250 and not more than $20,000 or to imprisonment for a term of not more than six months, or to both. 1996, c. 20, s. 29.

(9) Repealed: 1996, c. 20, s. 29.

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© 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.