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Hours of Service

Hours of Service. The Ontario “Hours of Service” Regulation 555/06 made under the HIGHWAY TRAFFIC ACT that came into force on January 1, 2007. Application – Highway Traffic Act.

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Hours of Service

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  1. Hours of Service The Ontario “Hours of Service” Regulation 555/06 made under the HIGHWAY TRAFFIC ACT that came into force on January 1, 2007.

  2. Application – Highway Traffic Act 190 (2)  No person shall drive a commercial motor vehicle on a highway except in accordance with this section and the regulations made under this section. 190 (6) No operator shall permit a person to drive a commercial motor vehicle on a highway except in accordance with this section or the regulations made under this section.

  3. Definitions

  4. "day" • for any driver, means a 24-hour period that starts at midnight or at such other hour designated by the operator for the driver.

  5. "on-duty time" (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;

  6. "on-duty time“ … (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, (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

  7. “off-duty time”… 2 (3)A driver is off duty when he or she is not on duty. 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;

  8. “off-duty time” … 2(4) despite subsection (2), a driver is off duty when he or she drives a commercial motor vehicle if, (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.

  9. “off-duty time” … 2(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 shall be counted as off-duty time.

  10. Duty status time • (1) There are four categories of duty status time for the purpose of this Regulation: • Off-duty time, other than time spent in a sleeper berth. • Off-duty time spent in a sleeper berth. • On-duty time spent driving. • On-duty time, other than time spent driving.

  11. The Four Basic Requirements • Daily Requirements • Mandatory Off-Duty Time “Work Shifts” Requirements • Cycle Requirements • Record Keeping Requirements

  12. NEW Daily Requirements

  13. NEW Designation of Driver’s Day 4.(1) The operator shall designate the hour at which the driver’s day starts if it does not start at midnight and shall notify the driver of the designation. (2) The designation shall apply for the duration of the driver’s cycle.

  14. NEW Daily Driving Time 5. (1) After a driver has accumulated 13 hours of driving time in a day, the driver shall not drive again on the same day. (2) After a driver has accumulated 14 hours of on-duty time in a day, the driver shall not drive again on the same day.

  15. DRIVING = < 13 Daily Driving Time

  16. NO DRIVING AFTER ON DUTY = < 14 Daily Driving Time

  17. NEW Daily Off-Duty Time 6. (1) A driver shall take at least 10 hours of off-duty time in a day. (2) Off-duty time under subsection (1) that is in addition to the mandatory eight consecutive hours of off-duty time required by Section 9 may be distributed throughout the day in blocks on no less than 30 minutes each. (3) The off-duty time referred to in subsection (2) shall be at least two hours and may be added to the mandatory eight consecutive hours of off-duty time but cannot form part of it.

  18. OFF DUTY = > 10 Off-Duty Periods must be at least 30 minutes long or they do not count toward the 10 hours. Daily Off-Duty Time

  19. Step 1: Daily off-duty time must total at least 10 hours [made up of periods of at least 30 minutes] (2+1+7=10) Step 2:Daily off-duty time must include 2 hours that do not form part of an 8 consecutive hour off-duty period required by section 9. (They can be added to the period) 1 =2 “other” hours 1 + 9 Consecutive Hours Off 8 hours off-duty 10 6+2 hours off-duty

  20. 10 2+ 8 cons. hours off-duty 10 Consecutive Hours 13 1 Each day must include 2 hours of off-duty time (> 30 mins.) which is not part of a mandatory 8 consecutive hours off-duty period required by section 9 10 8 hours off-duty 13 1 8 hours off-duty

  21. NEW Deferral of Off-duty Time 7. A driver may split the off-duty time required by section 6 over any two consecutive days by deferring a maximum of two hours of the daily off-duty time from the first day to the second day and increasing the total of the driving and on-duty times in the first day by not more than two hours if, (a) the deferred off-duty time does not form part of the mandatoryperiod of eight consecutive hours of off-duty time required by section 9;   (b) before the end of the second day, the driver takes a consecutive period of off-duty time consisting of the eight consecutive hours required by section 9 plus the off-duty time deferred from the first day

  22. Deferral of Off-duty Time Cont’d… (c) the total off-duty time taken in the two days is at least 20 hours;   (d) the total driving time in the two days does not exceed 26 hours; (e) the total on-duty time in the two days does not exceed 28 hours; (f) the driver is not splitting off-duty time under section 11 at any time during the two days; and (g) an entry is made in the “Remarks” section of the daily log or on the record required by subsection 18(3) clearly indicating the day from which the off-duty time has been deferred and the day to which it was deferred.

  23. 12 11 1 Deferral of Daily Off-Duty Time Day 1 (8 consecutive hours of off-duty prior to start of day) 8 15 1 10 Hours (8 + the 2 deferred from Day 1) Day 2

  24. 12 11 1 Day 1 (8 consecutive hours of off-duty prior to start of day) 8 13 3 9 Consecutive Hours Day 2

  25. Driving Requirements - Adverse Driving Conditions 15. A driver who encounters adverse driving conditions while driving a commercial motor vehicle may, • increase the driving time permitted by section 5 by up to two hours and the on-duty time permitted by that section by up to two hours and reduce the off-duty time required by subsection 6 (2) by a corresponding amount; and … • If a driver extends his or her driving or on-duty times under subsection (1), the reason for the extension must be entered in the “Remarks” section of the daily log or on the time record required by subsection 18(3). •  In this section,   “adverse driving conditions” means significantly impaired driving conditions that were not known, or could not reasonably have been known, to a driver or an operator dispatching a driver immediately before the driver began driving.

  26. Mandatory Off-Duty Time

  27. Mandatory Off-Duty Time 9.(1) After a driver has accumulated 13 hours of driving time from the end of the most recent period of eight or more consecutive hours of off-duty time, the driver shall not drive again unless he or she takes at least eight consecutive hours of off-duty time.

  28. Mandatory Off-Duty TimeAfter 13 Hours Driving 13

  29. Driving Requirements 9. (2) After a driver has accumulated 14 hours of on-duty time from the end of the most recent period of eight or more consecutive hours of off-duty time, the driver shall not drive again unless he or she takes at least eight consecutive hours of off-duty time.

  30. No Driving After 14 Hours On-Duty 10

  31. NEW Driving Requirements 9. (3)After 16 hours have elapsed from the end of the most recent period of eight or more consecutive hours of off-duty time, the driver shall not drive again unless he or she takes at least eight consecutive hours of off-duty time.

  32. WORK SHIFT – ELAPSED TIME No Driving After 16 Hours Elapsed Time Work Shift Starts

  33. 8 hours off-duty ends 1 0 P 0 9 6 3 5 2 1 4 1 6 11 4 7 0 7 0 P 10 P P 3 10 2 13 12 5 1 8 P P P 9 P 8 11 7 14 15 16 0 P P P P 0 4 3 6 0 1 2 5 P

  34. 8 Hours Off-Duty 8 hours off-duty ends 1 0 P 0 9 6 3 5 2 1 4 1 6 11 4 7 7 P P P 10 10 13 3 2 12 1 8 5 P P P 9 P 8 11 7 14 15 16 P P P 4 P 0 3 0 6 1 2 5 P

  35. Driving Requirements - Adverse Driving Conditions 15. (1) A driver who encounters adverse driving conditions while driving a commercial motor vehicle may, • increase the driving time permitted by sections 9 and 11 by up to two hours and the on-duty times permitted by those sections by up to two hours if the 16 hour elapsed time required by subsection 9(3) is not exceeded. (2)If a driver extends his or her driving or on-duty times under subsection (1), the reason for the extension must be entered in the “Remarks” section of the daily log or on the time record required by subsection 18(3).  (3)In this section,   “adverse driving conditions” means significantly impaired driving conditions that were not known, or could not reasonably have been known, to a driver or an operator dispatching a driver immediately before the driver began driving.

  36. Splitting Off-DutySleeper Berth Skip Sleeper Berth Provision

  37. Splitting Off-Duty Time 11. (1) A driver may meet the off-duty time requirement of section 9 in a sequence of sleeper berth periods under subsection (2) or (3) until the sequence of sleeper berth periods ends with a period of at least eight consecutive hours of off-duty time, if all the sleeper berth periods in the sequence meet the requirements of subsection (2) or (3), as the case may be. Sleeper berth specifications are found in Section 8.

  38. Splitting Off-Duty Time – Single Driver (2) A driver who is driving a commercial motor vehicle fitted with a sleeper berth may meet the mandatory off-duty time required of section 9 by accumulating off-duty time in no more than two periods where, (a) neither period of off-duty time is less than two hours; (b) the total of the two periods of off-duty time is at least 10 hours; (c) the off-duty time is spent resting in the sleeper berth; and

  39. Splitting Off-Duty Time – Single Driver (d) the driver does not drive again when, (i) the total driving times before and after each of the sleeper berth periods in the sequence referred to in subsection (1)exceed 13 hours, (ii) the total of the on-duty times before and after each sleeper berth period in the sequence referred to in subsection (1) exceeds 14 hours, and (iii) the total of the elapsed times before and after each sleeper berth period in the sequence referred to in subsection (1) exceeds 16 hours.

  40. 4 + 6 = 10 hours Driving < 13 hours No Driving when on duty > 14 hours No Driving when elapsed time > 16 hours Sleeper Berth (Single Driver) 3 10 10 1

  41. Cycles

  42. Cycle Requirements 7 or 14-day cycle 12. (1) An operator shall require that all drivers follow either a 7-day or a 14-day cycle, as designated by the operator for each driver. (2) A driver shall follow the cycle designated for him or her by the operator. (3) An operator shall not change a driver’s cycle except as provided by section 14.

  43. Cycle 1 – 7 Day 13 (2) A driver who is following a 7-day cycle shall not drive again in that cycle after accumulating 70 hours of on-duty time during any period of seven days or during the period beginning on the day on which the cycle was reset under section 14, whichever is less

  44. 8 12 10 12 12 8 8 70 69 Cycles A driver who is following a 7-day cycle shall not drive again in that cycle after accumulating 70 hours of on-duty time during any period of seven days or during the period beginning on the day on which the cycle was reset under section 14, whichever is less

  45. Cycle 2 – 14 Day • A driver who is following a 14-day cycle shall not drive again in that cycle after accumulating 120 hours of on-duty time during any period of 14 days or during the period beginning on the day on which the cycle was reset under section 14, whichever is less Example (4) A driver who is following a 14-day cycle shall not drive again in that cycle after accumulating 70 hours of on-duty time without having taken at least 24 consecutive hours of off-duty time during the period when the 70 hours were accumulated. Example

  46. 0 10 10 10 10 0 10 10 10 10 10 10 10 10 120 Cycles A driver who is following a 14-day cycle shall not drive again in that cycle after accumulating 120 hours of on-duty time during any period of 14 days or during the period beginning on the day on which the cycle was reset under section 14, whichever is less BACK

  47. NEW Cycle Reset / Switch – Off-duty Time 14. (1) An operator may end a driver’s 7-day cycle and designate a new 7-day or 14-day cycle for the driver if the driver takes at least 36 consecutive hours of off-duty time before starting the new cycle. (2) An operator may end a driver’s 14-day cycle and designate a new 14-day or 7-day cycle if the driver takes at least 72 consecutive hours of off-duty time before starting the new cycle. (3) For the purpose of the cycle requirements of this Regulation, a driver’s accumulated hours at the start of each new cycle are deemed to be zero and the driver’s hours start to accumulate again at the start of the cycle.

  48. NEW Mandatory 24 Hours Off Duty 13. (1) Subject to section 14, a driver shall not drive unless the driver has taken at least 24 consecutive hours of off-duty time in the preceding 14 days.

  49. Cycle RequirementAdverse Driving Conditions 15. (1) A driver who encounters adverse driving conditions while driving a commercial motor vehicle may, (2) If, as a result of subsection (1), the driver exceeds the on-duty time for the cycle permitted by sections 12 to 14, the cycle requirements under those sections must be met by the end of the following day.

  50. Records

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