Section 3: Exemptions from Regulation

Ontario

Hours of Service

Part I -- Interpretation, Application

3. (1) Subject to subsection (3), a driver and operator are exempt from this Regulation while the driver is driving a commercial motor vehicle of a type and in the circumstances described in any of the following paragraphs:

1. A two or three-axle commercial motor vehicle, or combination of a two-axle commercial motor vehicle and a one-axle trailer, being used,

i. to transport the primary products of a farm, forest, sea or lake, if the driver or the operator is the owner and producer or harvester of the products, or

ii. to return after transporting the primary products of a farm, forest, sea or lake, if the vehicle is empty or is transporting supplies and equipment used for the production of primary products of a farm, forest, sea or lake.

2. A vehicle being used by a person in the lawful performance of his or her duties as an inspector.

3. A cardiac arrest emergency vehicle operated by or under the authority of a hospital.

4. A vehicle engaged in providing relief in an emergency, being a situation or impending situation that constitutes a danger of major proportions to life, property or the environment, whether caused by forces of nature, an accident, an intentional act or otherwise.

4.1 A vehicle operated by or on behalf of a municipality, road authority or public utility while responding to a situation or impending situation that constitutes an imminent danger, though not one of major proportions, to life, property or the environment, whether caused by forces of nature, an accident, an intentional act or otherwise.

5. A bus that is operated by or on behalf of a municipality as part of the municipality's public transit service, either within the municipality or within 25 kilometres of the boundary of the municipality.

6. A large crane being operated by a large crane operator.

7. A vehicle used in support of a large crane while the vehicle is operated by a large crane operator and is carrying parts for the large crane. O. Reg. 555/06, s. 3 (1); O. Reg. 405/07, s. 1 (1); O. Reg. 401/16, s. 1 (1); O. Reg. 213/18, s. 1 (1).

(1.1) It is a condition of the exemptions in paragraphs 6 and 7 of subsection (1) that the large crane bears a plate fitted by the manufacturer indicating the crane's lifting capacity. O. Reg. 401/16, s. 1 (2); O. Reg. 213/18, s. 1 (2).

(1.2) It is a condition of the exemptions in paragraphs 6 and 7 of subsection (1) that the large crane operator surrender the operator's certificate of qualification or proof of apprenticeship, as the case may be, or a copy of it, on the demand of an inspector. O. Reg. 401/16, s. 1 (2); O. Reg. 213/18, s. 1 (3).

(2) This Regulation does not apply to a driver, or the operator of such driver, while driving a pick-up truck that,

(a) is being used for personal purposes without compensation; and

(b) is not carrying, or towing a trailer that is carrying, commercial cargo or tools or equipment of a type normally used for commercial purposes. O. Reg. 555/06, s. 3 (2).

(3) A driver's on-duty time and off-duty time, within the meaning of this Regulation, when he or she is exempt from this Regulation under subsection (1) shall nonetheless be included in the calculations of a driver's hours of off-duty and on-duty time for the purposes of complying with this Regulation on the days when the driver is not exempt under subsection (1). O. Reg. 555/06, s. 3 (3).

(4) In this section,

"large crane" means a crane that is capable of raising, lowering or moving any material that weighs more than 13,607 kilograms; ("grande grue")

"large crane operator" means a person,

(a) who holds a certificate of qualification issued under the Ontario College of Trades and Apprenticeship Act, 2009, that is not suspended, in the trade of Hoisting Engineer - Mobile Crane Operator 1, or

(b) who is an apprentice and is working pursuant to a training agreement registered under the Ontario College of Trades and Apprenticeship Act, 2009, that is not suspended, in the trade of Hoisting Engineer - Mobile Crane Operator 1; ("conducteur de grandes grues")

"pick-up truck" means a commercial motor vehicle that,

(a) has a manufacturer's gross vehicle weight rating of 6,500 kilograms or less, and

(b) is fitted with either,

(i) the original box that was installed by the manufacturer, which has not been modified, or

(ii) a replacement box that duplicates the one that was installed by the manufacturer, which has not been modified; ("camionnette")

"proof of apprenticeship" means a proof of apprenticeship described in subsection 70 (8) of the Ontario College of Trades and Apprenticeship Act, 2009. ("preuve d'apprentissage") O. Reg. 555/06, s. 3 (4); O. Reg. 405/07, s. 1 (2); O. Reg. 401/16, s. 1 (3); O. Reg. 229/19, s. 1.

© 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.