['Hours of Service']
['Hours of Service']
09/05/2024
...
SOR/2019-165
(1) A motor carrier shall ensure that each commercial vehicle that it operates is equipped with an ELD that meets the requirements of the Technical Standard, and shall ensure that it is mounted in a fixed position during the operation of the commercial vehicle and is visible to the driver when the driver is in the normal driving position, with the exception of commercial vehicles that are
(a) operated by a motor carrier under a permit;
(b) operated by a motor carrier to which an exemption has been issued under the Act;
(c) the subject of a rental agreement of no longer than 30 days that is not an extended or renewed rental of the same vehicle; or
(d) manufactured before model year 2000.
(2) The motor carrier shall require the driver to record, and the driver shall record for each day, in accordance with these Regulations and the Technical Standard, all the information associated with their record of duty status as their duty status changes.
(3) Subsections (1) and (2) do 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; and
(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.
(4) If a motor carrier authorizes a driver to operate a commercial vehicle for yard moves within a terminal, depot or port and that is not on a public road, the motor carrier shall ensure that the driver's ELD has been configured so that the driver can indicate those moves.
(5) A driver shall manually input or verify the following information in the ELD:
(a) the date and the start time, if different from midnight, and their driver identification number;
(b) the cycle that the driver is following;
(c) the commercial vehicle licence plates as well as the unit number or trailer number, if applicable;
(d) the names and the addresses of the home terminal and the principal place of business of the motor carrier by which the driver was employed or otherwise engaged during that day;
(e) the commercial vehicle's location description, if it is not automatically drawn from the ELD's geo-location database;
(f) if the driver was not required to keep a record of duty status immediately before the beginning of the day, the number of hours of off-duty time and on-duty time that were accumulated by the driver each day during the 14 days immediately before the beginning of the day;
(g) any deferral of off-duty time under section 16;
(h) if the driver was working for more than one motor carrier during the current day or the previous 14 days
- (i) for each day during the 14 days immediately before the current day, the total number of hours for each duty status that were accumulated by the driver, and the beginning and end time of each 16-hour period referred to in subsection 13(3), and
- (ii) the start and end times of each duty status in the current day, before the use of the ELD; and
(6) No motor carrier shall request, require or allow a driver to use, and no driver shall use, more than one ELD at the same time for the same period.
(7) The motor carrier shall ensure that each commercial vehicle that it operates carries an ELD information packet containing a current version of the following documents:
(a) a user's manual;
(b) 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 with respect to the driver's hours of service to an inspector;
(c) an instruction sheet for the driver describing the measures to take in the event that the ELD malfunctions; and
(d) a sufficient number of records of duty status to allow the driver to record the information required under section 82 for at least 15 days.
(8) The motor carrier shall ensure that the driver records the information related to their record of duty status and the driver is required to record that information in a complete and accurate manner.
SOR/2019-165, s. 24
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