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Hours of Service in Canada

Hours of Service in Canada. Hours of Service. The new federal regulation will come into effect on January 1, 2007. http://canadagazette.gc.ca/partII/2005/20051116/html/sor313-e.html

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Hours of Service in Canada

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  1. Hours of Servicein Canada

  2. Hours of Service • The new federal regulation will come into effect on January 1, 2007. http://canadagazette.gc.ca/partII/2005/20051116/html/sor313-e.html • Hours of Service regulations are spelled out in federal legislation under the Motor Vehicle Transportation Act (MVTA), applicable to extra-provincial operations. • Application Guide is available on the CCMTA website www.ccmta.ca

  3. What is a Commercial Vehicle? • A commercial motor vehicle is defined as: • Truck, truck tractor, trailer or any combination of these with a registered gross vehicle weight of greater than 4,500Kg (10,000lbs) • Bus with a designed seating capacity of greater than 10 passenger • Exemptions • 2 & 3 axle truck hauling primary products of the farm, forest sea or lake (and the return trip) • Emergency vehicles • City bus • Disaster relief • Personal Use (with restrictions)

  4. History • Current regulations introduced in the late 80’s based on the US hours of service rules. • limitations on the hours a commercial vehicle driver can drive/work on a daily/weekly basis.

  5. Reason for change Current HOS rules : • Not based on a day (24 hour period); • Allow 16 hours of driving in a “day”; • Allow 26 hours of driving in a 30 hour period (using off duty time reduction); • Do not limit a driver’s work shift; • Allow a driver to work everyday; • And………

  6. Continued … Difficulty of identifying the cycle the driver is using • Driver changes cycles whenever he/she wants • No requirement to declare the cycle on the daily log sheet

  7. Principal problems with current the rules Little rest, long working hours and irregular rest periods. 8 consecutive hours off-duty 8 consecutive hours off-duty 8 consecutive hours off-duty 13 13 13 3 10 6 24-hour period Off-duty: 8 h Driving : 16 h (13+3) 24-hour period Off-duty : 8 h Driving : 16 h (10+6)

  8. Continued … Length of the "work shift"(36 hours). 8 consecutive hours off-duty 8 consecutive hours off-duty 6 3 3 3 3 3 3 3 6 1 2 1 2 2 1 2 2 2 1 1 1 Shift Length: 36 hours Off-duty: 21 hours Driving: 13 hours Work: 15 hours

  9. New HOS • New rules incorporate • current sleep and fatigue research • takes into consideration the bodies circadian rhythm, • driver’s health (opportunity to obtain restorative sleep) • irregular work shifts and • sleep debt

  10. The “top 12” changes are... • increase minimum daily off-duty time by 25% (8hrs to 10hrs) • reduce daily on-duty time by 7% (15 hrs to 14 hrs) *w/o deferral • reduce daily driving time by 18% (16 hrs to 13 hrs) *w/o deferral • eliminate the “Time Reduction”(once-a-week) • restrict driver’s work shift to 16 hours (Tour of Duty) • requirement for driver to elect a cycle and reset provisions • standards for sleeper berths (split times, design, construction)

  11. Top 12 changes (con’t) 8. mandatory 24-hour off-duty period in previous 14 days (regardless of on-duty accumulation) 9. 48 hour averaging 10. allowing drivers to use a CMV for personal use (with restrictions) 11. shared responsibility for compliance (carrier, driver, dispatch, tour agency, consultant) 12. additional authority for enforcement officers - “out-of-service” orders

  12. The 3 Basic Rules • “Daily” Rules • “Work Shift” Rules • Cycle Rules

  13. 1 . What is a “day” • Day is defined as: “In respect of a driver, means a 24-hour period that begins at the hour designated by the motor carrier for the duration of the driver’s cycle”

  14. Current Drive up to 16 hours in a day No limit to on-duty time in a day No specified off-duty time for a day Rule Minimum of 10 hours of off-duty must be taken every day. Off-duty periods >30 mins. Maximum of 13 hours driving in a day. (w/o deferral) No driving after 14 hours of on-duty in a day. (w/o deferral) Hours of Service Daily Requirements

  15. 10 hours off-duty * 8 hours 10 13 Daily Limits - a simple 3-point check for compliance 24-hour period Off-duty ≥ 10 Driving ≤ 13 1 1 No driving after 14 hours On-duty * Not required in the rules for the day

  16. OFF DUTY > 10 Off-Duty Periods must be at least 30 minutes long or they do not count toward the 10 hours. DRIVING < 13 NO DRIVING > 14 Hours of Service Daily Requirements

  17. 2. What is a “Work Shift” • Work shift starts at the conclusion of 8 consecutive hours off duty (or equivalent) • Work shift ends with the next 8 consecutive hours off duty (or equivalent)

  18. Current After 13 hours of driving you have to take 8 consecutive hours before you can drive again After 15 hours of on-duty you have to take 8 consecutive hours before you can drive again New Rule After 13 hours of driving you have to take 8 consecutive hours before you can drive again After 14 hours of on-duty you have to take 8 consecutive hours before you can drive again Hours of Service Work Shift Rules

  19. Current No restriction on length of work shift Off-duty periods extend the time between shifts Rule Maximum of 16 hour (elapsed time) Time period which starts the instant you are on duty after having just taken minimum 8 hours consecutive off duty Includes all time and activities 8 consecutive hours off-duty resets the work shift. Sleeper berth rest periods are not counted in the 16 hour duty period when they qualify for the sleeper berth rest provision Hours of Service Work Shift Rules Cont’d

  20. What are the rules for the work shift? 8 consecutive hours 8 consecutive hours Shift Reset End Work Shift ≤ 16 hours Driving time ≤ 13 hours No driving after 14 hours on-duty

  21. WORK SHIFT Mandatory Off-Duty TimeAfter 16 Hours Work Shift 14 8 consecutive hours 8 2

  22. Current May reduce the 8-consecutive hour off-duty period to a minimum of 4 hours- once in a 7 day period Rule Driver may reduce the daily off duty requirement by the 2 “other” hours of off duty time and this time is added to the 8 consecutive hours on Day 2. This provision may be exercised every 2nd day if a driver chooses. Declaration on log Hours of Service Deferral Option

  23. 8 11.5 4.5 12 11 1 Daily Off Duty Time Deferral (48 Hour Averaging) Day 1 10 Hours (8 + the 2 deferred from Day 1) Day 2

  24. 3. What are the cycles? • Cycle is defined as: (a) cycle 1, under which on-duty time is accumulated over a period of 7 days (b) cycle 2, under which on-duty time is accumulated over a period of 14 days

  25. Current Must be in compliance with 1 of the 3 cycles Three cycles: 60 hours/7 days, 70 hours/8 days, 120 hours/14 days (24-hour off-duty prior to 75th hour on-duty) switching allowed New Rule Two cycles (must elect one) Cycle 1: 70 hours/7 days, Cycle 2: 120 hours/14 days (must take 24 consecutive hours off-duty prior to 70th hour) cycle switching only allowed after completing required off-duty period Cycle 1: 36 hours (also reset) Cycle 2: 72 hours (also reset) Hours of Service Cycles

  26. 8 h. 1 12 h. 2 10 h. 3 11 h. 4 0 h. 5 13 h. 3 h. 6 ? h. 7 13 h. 1 8 h. 2 12 h. 3 10 h. 4 11 h. 5 0 h. 6 ? h. 7 S S S M M M T T T W W W T T T F F F S S S 13 h. 8 h. 12 h. 1 10 h. 2 11 h. 3 0 h. 4 ? h. 7 3 h. 5 10 h. 6 Illustration of Cycle 1 (70 hrs/7 days) Accumulated Day 1-6: 54 h Available: 16 h Accumulated Day 1-6: 46 h Available: 24 h Accumulated Day 1-6: 44 h Available: 26 h

  27. Current Only required for 14 day cycle Rule Mandatory 24 consecutive hours off duty in preceding 14 days Hours of Service Mandatory24-hours Off-Duty

  28. Mandatory 24 hrs. off in preceding 14 days • to address perceived problem of driving every day of the year • driver must have at least one 24-hour consecutive off-duty period in preceding 14 days • applies regardless of amount of on-duty time accumulated 2007

  29. Current Commercial motor vehicle (CMV) drivers using a sleeper berth must take 8 hours off-duty, but may split the sleeper-berth time into two periods provided neither is less than 2 hours. Rule Single drivers using a sleeper berth must take 10 hours off-duty, but may split the sleeper-berth time into two periods provided neither is less than 2 hours Team drivers using a sleeper berth must take 8 hours off-duty, but may split the sleeper-berth time into two periods provided neither is less than 4 hours Hours of Service SleeperBerth

  30. Current Commercial motor vehicle (CMV) drivers using a sleeper berth must take 8 hours off- duty, but may split the sleeper-berth time into two periods provided neither is less than 2 hours. NewRule Must still comply with “Daily Requirements”: Maximum of 13 hours driving No driving after 14 hours on-duty Minimum of 10 hours off-duty No driving after accumulating (prior and subsequent to the period): 13 hours driving 14 hours on-duty 16 hours in the work shift· Hours of Service Sleeper Berth

  31. Sleeper Berth (Single Driver) 3 + 7 = 10 hours Off-duty ≥ 10 Driving ≤ 13 No driving after 14 hours On-duty • Driving< 13 • No Driving after 14 hours On-Duty • No Driving after 16th hour since last sleeper period

  32. Sleeper Berth (Team Driver) 4 + 4 = 8 hours 2 8 12 2 • Driving< 13 • No Driving after 14 hours On-Duty • No Driving after 16th hour since last sleeper period

  33. Current Suitable accommodation, constructed and maintained for sleeper Rule Must meet prescribed standards specified in Schedule 1 Hours of Service Sleeper Berth Specifications

  34. Current Date Driver (co-driver) name/signature Carrier name, address Unit#’s / License#’s Duty Status (grid) – current to Odometer reading Location of change of duty status Km’s driven Rule Same as old, plus Principle place of business Cycle declaration 48 hour averaging designation Personal use Hours of Service Contents of Daily Log

  35. Hours of Service Contents of Daily Log NOTE: If you extend your driving, on-duty or elapsed time (work shift) because of an emergency or adverse driving conditions, you must record the reason for doing so in the “Remarks” Section

  36. Current Exempt from a daily log if: instructed to drive within 160 km; returns to and goes off duty within 15 hours; and operator keeps accurate on duty status records New Rule Exempt from a daily log if: operates CMV within 160 km; returns to home terminal each day to begin an 8 hour off-duty period; carrier maintains accurate and legible records for each day indicating; hour at which each duty status begins & ends: total hours spent in each status; elected cycle; records kept for 6 months; and not subject to an HOS permit Hours of Service Daily Log Exemption

  37. Record keeping requirements - Local

  38. On-duty Status Records (Example 2)

  39. Current Driving time means all time spent at the controls of a CMV operated on a highway- driver must show as “DRIVING” Rule Is not considered to be “On Duty” provided that: CMV is unloaded Not towing a trailer Maximum of 75 km/day Odometer readings are recorded Driver is not subject of an OOS declaration Hours of Service Personal Use Exemption

  40. Current Driver and Operator are responsible to ensure compliance Rule No person shall permit, or request a person to contravene the regulation Hours of Service Responsibilities

  41. Questions?

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