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Hours of Service

Hours of Service.

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Hours of Service

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  1. Hours of Service This is an unofficial interpretation of the federal “Commercial Vehicle Drivers Hours of Service” regulations that take effect on January 1, 2007. For accurate reference, please refer to the official volumes of the Commercial Vehicle Drivers Hours of Service Regulations, made under Motor Vehicle Transport Act, that may be viewed on the Internet at: http://canadagazette.gc.ca/partII/2005/20051116/html/sor313-e.html

  2. History • Current regulations were first introduced as a countermeasure to fatigue in the late 80’s and were based on the American hours of service rules. • Hours of Service refers to legal limitations on the hours a commercial vehicle driver can drive/work on a daily/weekly basis. • The new rules incorporate current sleep and fatigue research that takes into consideration the bodies circadian rhythm, driver’s health (opportunity to obtain restorative sleep), irregular work shifts and sleep dept.

  3. Hours of Service • The new federal regulation will come into effect on January 1, 2007. • Ontario plans to amend the current regulations to mirror the federal hours of service rules. • Hours of Service regulations are spelled out in federal legislation under the Motor Vehicle Transportation Act (MVTA), applicable to extra-provincial operations.

  4. New Rules Reason for change Current HOS rules are: • Not based on a day (24 hour period); • Allows 16 hours of driving in a “day”; • Allows 26 hours of driving in a 30 hour period (using off duty time reduction); • No limit on a drivers work shift; • Would allow a driver to work everyday; and • Driver and Operator assume all responsibility for compliance.

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

  6. Principal problems with the current 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)

  7. 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

  8. The “top 12” changes are... • increase minimum daily off-duty time by 25% (8hrs to 10hrs) • reduce daily on-duty time by 13% (16 hrs to 14 hrs) • reduce daily driving time by18% (16 hrs to 13 hrs) • 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 • standards for sleeper berths (split times, design, construction) • mandatory 24-hour off-duty period in 15 (regardless of on-duty accumulation) • record keeping requirements • allowing drivers to use a CMV for personal use (with restrictions) • shared responsibility for compliance (carrier, driver, dispatch, tour agency, consultant) • new powers for enforcement officers - “out-of-service” orders

  9. The 3 Basic Rules • Daily Restrictions • Mandatory Off-Duty Time “Work Shifts” • Cycle Restrictions

  10. Current Drive up to 16 hours in a day On duty up to 16 hours 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 No driving after 14 hours of on-duty in a day Hours of Service Daily Requirements

  11. 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

  12. Daily Limits – Verifying daily off-duty time

  13. 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 after 14 hours on-duty Hours of Service Daily Requirements

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

  15. Current No restriction on length of work shift Off-duty periods extend the time between Rule No driving after a maximum of 16 hours (elapsed time) Time period which starts the instant you are on duty after having just taken minimum 8 hours 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

  16. 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

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

  18. Current May reduce the 8-consecutive hour off-duty period to a minimum of 4 hours- once in a 7 day period Rule 48 hour averaging allows a driver to 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 of off-duty on Day 2. This provision may be exercised every 2nd day if a driver chooses. Hours of Service Off Duty Exceptions

  19. 8 11.5 4.5 12 11 1 Daily Off Duty Time Deferral Day 1 10 Hours (8 + the 2 deferred from Day 1) Day 2

  20. Current Must be in compliance with 1 or 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) No reset provision 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,every period) Reset provision cycle switching only allowed after completing required off-duty period for cycle reset Cycle 1: 36 consecutive hours Cycle 2: 72 consecutive hours Hours of Service Cycles

  21. 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

  22. Day 3 Day 5 Day 3 Day 2 Day 1 Day 6 Day 2 Day 1 Day 4 Day 4 Day Off Day Off Day Off 12 Hours Off Day 2 Day 3 Day 1 7 Day Cycle Reset

  23. 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

  24. Mandatory 24 hrs. off in 15-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

  25. 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

  26. 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

  27. 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

  28. 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

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

  30. 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; operator 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

  31. Would your current Driver log Sheet Comply? operator 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; and • notation of: time deferral, personal use of CMV & odometer reading, adverse driving or emergency situation

  32. Record keeping requirements - Local

  33. On-duty Status Records

  34. 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

  35. 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: CVM 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

  36. 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

  37. Questions? Hours of Service Application Guide available from the Canadian Council of Motor Transport Administrators website: http://ccmta.ca/english/producstandservices/publications/reportcentre.cfm - hoursofservice Dwain Smith 613-545-4840 dwain.smith@ontario.ca Alf Brown 905-704-2342 alf.brown@ontario.ca OR

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