Transcript Hours of Service
MTO Enforcement Program
Hours of Service
April, 2006
History
April 2006 • 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.
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April 2006
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. 3
The “top 11” changes are...
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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) allowing drivers to use a CMV for personal use (with restrictions) shared responsibility for compliance (carrier, driver, dispatch, shipper, consultant) new powers for enforcement officers - “out-of-service” orders April 2006 4
Current Rules
• 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; • Driver and Operator assume all responsibility for compliance.
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The 3 Basic Rules
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Daily Restrictions 2.
Mandatory Off-Duty Time “Work Shifts” 3.
Cycle Restrictions April 2006 6
April 2006
Hours of Service
Daily Requirements
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.
• time, periods > 30 mins.
• Maximum of 13 hours in a day • No driving after 14 hours of on-duty in a day 7
Daily Limits - a simple 3-point check for compliance
24-hour period 10 hours off-duty * 8 hours 10 Off-duty ≥ 10 13 1 1 Driving ≤ 13 No driving after 14 hours On-duty April 2006 * Not required in the rules for the day 8
April 2006
Hours of Service
Daily Requirements
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
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April 2006
Hours of Service
Work Shift Rules
Current • After 13 hours of driving you have to take 8 consecutive hours before you can drive again • After 15 hours of driving 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 10
Hours of Service
Work Shift Rules Cont’d
Current • No restriction on length of work shift • Off-duty periods extend the time between • • • • •
Rule
Maximum of 16 hour (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 April 2006 11
What are the rules for the work shift?
8 consecutive hours 8 consecutive hours April 2006
Shift Reset
•Work Shift ≤ 16 hours •Driving time ≤ 13 hours •No driving after 14 hours on-duty
End
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Mandatory Off-Duty Time After 16 Hours Work Shift
WORK SHIFT
8 consecutive hours
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April 2006
Hours of Service
Off Duty Exceptions
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 on Day 2. This provision may be exercised every 2nd day if a driver chooses.
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Daily Off Duty Time Deferral
Day 1 8 11.5
4.5
10 Hours (8 + the 2 deferred from Day 1) Day 2 12 11 1 April 2006 15
April 2006
Hours of Service
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 75 th hour on-duty) • switching allowed
Cycles 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 70 th hour,every period) • cycle switching only allowed after completing required off-duty period • Cycle 1: 36 hours • Cycle 2: 72 hours 16
Illustration of Cycle 1 (70 hrs/7 days) S M T W T F S ? h
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13 h
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8 h
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12 h
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10 h
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11 h
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0 h
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6 Accumulated Day 1-6:
54 h
Available:
16 h S M T W T F S 3 h
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13 h
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? h
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7
8 h
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12 h
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10 h
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11 h
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0 h
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S M T W T F S 3 h
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13 h
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10 h
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8 h ? h
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12 h
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10 h
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11 h
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0 h
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4 Accumulated Day 1-6:
46 h
Available:
24 h
Accumulated Day 1-6:
44 h
Available:
26 h
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April 2006
Hours of Service
Mandatory 24-hours Off-Duty
Current • Only required for 14 day cycle Rule • Mandatory 24 consecutive hours off duty in preceding 14 days 18
Mandatory 24 hrs. off in 15-days
• to address perceived problem of driving in perpetuity • 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
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April 2006
Hours of Service
Sleeper Berth
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.
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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 20
Hours of Service
Sleeper Berth
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.
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New Rule
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· April 2006 21
Sleeper Berth (Single Driver)
3 + 7 = 10 hours April 2006 •Driving < 13 •No Driving after 14 hours On-Duty •No Driving after 16 th hour since last sleeper period Off-duty ≥ 10 Driving ≤ 13 No driving after 14 hours On-duty 22
Sleeper Berth (Team Driver)
4 + 4 = 8 hours 2 8 12 2 April 2006 •Driving < 13 •No Driving after 14 hours On-Duty •No Driving after 16 th hour since last sleeper period 23
April 2006
Hours of Service
Sleeper Berth Specifications
Current • Suitable accommodation, constructed and maintained for sleeper
Rule
• Must meet prescribed standards specified in Schedule 1 24
Hours of Service
Daily Log Exemption
• • 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 April 2006 25
April 2006
On-duty Status Records
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April 2006
Hours of Service
Personal Use Exemption
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 27
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 April 2006 28
April 2006
Hours of Service
Responsibilities
Current • Driver and Operator are responsible to ensure compliance
Rule
• No person shall permit, or request a person to contravene the regulation 29
Questions?
April 2006
Dwain Smith 905-704-2624 [email protected]
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