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Copyright 2023 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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Application
Manitoba has adopted the federal hours of service regulation by reference, but has excluded the following items from the adoption:
- The definitions of “driver,” “emergency vehicle,” “federal director,” and “motor carrier;” and
- The following sections:
- Section 3, Directors;
- Sections 37 to 61, relating to drivers operating north of the 60th parallel;
- Sections 65 and 68, relating to provincial permits; and
- Section 76(3), relating to drivers encountering adverse driving conditions when operating north of the 60th parallel.
The Manitoba hours of service regulations include several amendments to the federal regulation adopted by reference (consult the regulations for the complete set of amendments):
- A commercial vehicle is defined as a motor vehicle that is a public service vehicle that has a registered gross weight of 4,500 kilograms or more or that is a bus, a commercial truck that has a registered gross weight of 4,500 kilograms or more, or, a vehicle that if operated by a motor carrier, is a regulated vehicle.
- A driver is a person who drives a commercial vehicle, a person employed by a motor carrier to drive a commercial vehicle, including a self-employed driver, and, includes a co-driver.
- The Manitoba regulations do not apply to commercial vehicles transporting goods or passengers for the purpose of providing relief in the case of an earthquake, flood, fire, famine, drought, epidemic, or other disaster.
- The Manitoba regulation applies to every person who, although not actually driving the commercial vehicle at a particular time:
- Holds a licence authorizing the person to drive the commercial vehicle; and
- Is present in the commercial vehicle for the purpose of driving it.
- Carriers with drivers operating within 160 kilometres of the home terminal must keep accurate time records showing their driver’s daily on-duty hours, including the time each work shift starts and ends and must keep those records for six months.
Manitoba’s hours of service regulations apply to regulated vehicles and the persons who operate or drive them.
Manitoba’s hours of service regulation does not apply to the following regulated vehicles:
- Vehicles used only for personal transportation;
- Farm trucks registered in the farm category;
- Municipal transit buses;
- A bus that is not a school bus and not used to transport passengers for compensation;
- Emergency vehicles;
- Hearses providing funeral services; and
- Manitoba Hydro utility repair vehicles that are responding to electric/gas outages or to resolve a problem with electric/gas services that constitutes a danger to people or property.
Recordkeeping
Manitoba follows the federal hours of service regulations for records of duty status and record retention.
Commercial/regulated vehicle operators, who are currently required to use a Record of Duty Status (RODS) or log book to record their hours of service will be required to use an ELD.
Commercial/regulated vehicles crossing provincial boundaries, including vehicles that would otherwise be exempt when travelling within Manitoba, will be required to use an ELD, unless specifically exempted under the federal regulation. The federal regulation outlines some exceptions to the ELD requirement for commercial/regulated vehicles crossing provincial boundaries. Via the adoption of the federal regulation, the following exemptions also apply to carriers and vehicles operating solely within Manitoba: A motor carrier operating under a permit specifically allowing for an exemption; A motor carrier to which there is an existing exemption to hours of service requirements; Vehicles that are subject to a lease/rental agreement that is no longer than 30 days; and, A vehicle manufactured prior to the year 2000. (NOTE: model year 2000 or newer vehicles but with a pre-2000 engine are not exempt) ELD exception for vehicles remaining within a 160 km radius of their home terminal Both the federal and provincial regulations exempt drivers and vehicles that remain within a 160 km radius of their home terminal (the location where the driver normally starts and ends their work day) from utilizing ELDs; however, a driver’s daily hours must be tracked. Manitoba recognizes that some carriers operate only occasionally beyond the 160 km radius exemption. To support these operators, Manitoba is developing a permit to allow commercial/regulated vehicles to travel without an ELD when making an occasional trip that exceeds the 160 km radius exemption and occurs entirely within provincial borders.
In addition to the exceptions outlined in the federal regulation, Manitoba is exempting school buses that operate strictly in Manitoba from using ELDs. School bus drivers will still be required
Full enforcement of the ELD regulatory requirements was effective January 1st, 20223.
Law
Highway Traffic Act, Section 298(1)
Regulation
Manitoba Regulation 72/2007, Drivers Hours of Service
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