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

• 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

Hours of Service in Canada 2

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) Hours of Service in Canada 3

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.

Hours of Service in Canada 4

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……… Hours of Service in Canada 5

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 Hours of Service in Canada 6

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

24-hour period Off-duty: 8 h Driving : 16 h (13+3) 3

13

10 24-hour period Off-duty : 8 h Driving : 16 h (10+6)

13

6 Hours of Service in Canada 7

Continued …

Length of the "work shift"(36 hours).

8 consecutive hours off-duty 8 consecutive hours off-duty 6 1 1 3 2 3 2 3 3

12

3 1 2 1 Shift Length: 36 hours Off-duty: 21 hours Driving: 13 hours Work: 15 hours 2 3 2 3 1 6 Hours of Service in Canada 8

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 Hours of Service in Canada 9

The “top 12” changes are...

5.

6.

7.

1.

2.

3.

4.

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) Hours of Service in Canada 10

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 Hours of Service in Canada 11

The 3 Basic Rules

1. “Daily” Rules 2. “Work Shift” Rules 3. Cycle Rules

Hours of Service in Canada 12

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” Hours of Service in Canada 13

Hours of Service

Daily Requirements

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 in Canada 14

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 * Not required in the rules for the day Hours of Service in Canada 15

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 > 14

Hours of Service in Canada 16

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) Hours of Service in Canada 17

Hours of Service

Current

Work Shift Rules

• After 13 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 15 hours of on-duty 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 in Canada 18

Hours of Service

Work Shift Rules Cont’d

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 in Canada 19

What are the rules for the work shift?

8 consecutive hours 8 consecutive hours

Shift Reset

•Work Shift ≤ 16 hours •Driving time ≤ 13 hours •No driving after 14 hours on-duty Hours of Service in Canada

End

20

Mandatory Off-Duty Time After 16 Hours Work Shift

WORK SHIFT

8 consecutive hours

14 8 2 Hours of Service in Canada 21

Hours of Service

Deferral Option

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 in Canada 22

Daily Off Duty Time Deferral (48 Hour Averaging)

Day 1 8 11.5

4.5

10 Hours (8 + the 2 deferred from Day 1) Day 2 12 11 1 Hours of Service in Canada 23

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 Hours of Service in Canada 24

Hours of Service

Cycles

Current

New Rule

• Must be in compliance with 1 of the 3 cycles • Two cycles (must elect one) • Three cycles: • Cycle 1: 70 hours/7 days, • 60 hours/7 days, • 70 hours/8 days, • Cycle 2: 120 hours/14 days (must take 24 consecutive hours off-duty prior to 70 th hour) • 120 hours/14 days (24-hour off-duty prior to 75 th hour on-duty) • switching allowed • 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 in Canada 25

Illustration of Cycle 1 (70 hrs/7 days) S M T W T F S ? h

.

7

13 h

.

1

8 h

.

2

12 h

.

3

10 h

.

4

11 h

.

5

0 h

.

6 Accumulated Day 1-6:

54 h

Available:

16 h S M T W T F S 3 h

.

6

13 h

.

? h

.

7

8 h

.

1

12 h

.

2

10 h

.

3

11 h

.

4

0 h

.

5

S M T W T F S 3 h

.

5

13 h

.

10 h

.

6

8 h ? h

.

7 .

12 h

.

1

10 h

.

2

11 h

.

3

0 h

.

4 Accumulated Day 1-6:

46 h

Available:

24 h

Accumulated Day 1-6:

44 h

Available:

26 h

Hours of Service in Canada 26

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 Hours of Service in Canada 27

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

Hours of Service in Canada 28

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.

• •

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 in Canada 29

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.

• •

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· Hours of Service in Canada 30

Sleeper Berth (Single Driver)

3 + 7 = 10 hours •Driving < 13 •No Driving after 14 hours On-Duty •No Driving after 16 th hour since last sleeper period Hours of Service in Canada Off-duty ≥ 10 Driving ≤ 13 No driving after 14 hours On-duty 31

Sleeper Berth (Team Driver)

4 + 4 = 8 hours 2 8 12 2 •Driving < 13 •No Driving after 14 hours On-Duty •No Driving after 16 th hour since last sleeper period Hours of Service in Canada 32

Hours of Service

Sleeper Berth Specifications

Current • Suitable accommodation, constructed and maintained for sleeper

Rule

• Must meet prescribed standards specified in Schedule 1 Hours of Service in Canada 33

Hours of Service

Contents of Daily Log

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 in Canada 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 Hours of Service in Canada 35

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; • 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 36 Hours of Service in Canada

Record keeping requirements - Local

Hours of Service in Canada 37

On-duty Status Records (Example 2)

Hours of Service in Canada 38

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: 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 in Canada 39

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 Hours of Service in Canada 40

Questions?

Hours of Service in Canada 41