Section 2: Duty status time

Ontario

Hours of Service

Part I -- Interpretation, Application

2. (1) There are four categories of duty status time for the purpose of this Regulation:

1. Off-duty time, other than time spent in a sleeper berth.

2. Off-duty time spent in a sleeper berth.

3. On-duty time spent driving.

4. On-duty time, other than time spent driving. O. Reg. 555/06, s. 2 (1).

(2) A driver is on duty when he or she drives a commercial motor vehicle for an operator or performs any other work for an operator, including time spent,

(a) inspecting, servicing, repairing, cleaning and warming up a commercial motor vehicle;

(b) travelling in a commercial motor vehicle as a co-driver, when the time is not spent in the sleeper berth;

(c) participating in the loading and unloading of a commercial motor vehicle;

(d) inspecting and checking the load of a commercial motor vehicle;

(e) waiting for a commercial motor vehicle to be serviced, loaded, unloaded and dispatched;

(f) waiting for a commercial motor vehicle or its load to be inspected; and

(g) waiting at an en-route point because of an accident or other unplanned occurrence or situation. O. Reg. 555/06, s. 2 (2).

2. (3) A driver is off duty when he or she is not on duty. O. Reg. 555/06, s. 2 (3).

2. (4) Despite subsection (2), a driver is off duty when he or she drives a commercial motor vehicle if,

(a) he or she is driving the vehicle for personal use that has no commercial purpose;

(b) the vehicle has been unloaded;

(c) any trailers have been unhitched;

(d) he or she does not drive the vehicle more than 75 kilometres in a day; and

(e) an entry is made in the "Remarks" section of the daily log or on the time record required by subsection 18 (3),

(i) stating that the driver used the vehicle for personal use, and

(ii) setting out the odometer readings at the start and the end of the personal use driving. O. Reg. 555/06, s. 2 (4).

(5) Despite clause (2) (b), if a driver travels as a passenger to a location where he or she is to start driving a commercial motor vehicle and takes eight consecutive hours of off-duty time at the location before starting to drive, the time spent as a passenger getting to the location is counted as off-duty time. O. Reg. 555/06, s. 2 (5).

© 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.