Hours of Service Manual - Introduction
Contents
1. 37 Commercial Vehicle Drivers He b Approximately how many NSC power units are registered to your company 1 OI 20 49 Q 2 4 O 50 99 5 9 100 199 10 19 CI 200 or more c What is your current occupation or position select all that apply LI Carrier Owner L Owner Operator no other drivers except owner L Safety Supervisor L Driver LI Other transportation worker specify Government employee Safety Consultant 00 O Other please specify d If you would like a response to your comments please provide the following information Name Mailing Address E mail Phone 4 Other Comments Thank you for taking the time to provide us with your feedback Alberta Transportation values everyone s opinion Introduction 382. 2 No motor carrier shall request require or allow a driver to drive and no driver shall drive after the driver has accumulated 18 hours of on duty time Introduction 18 Commercial Vehicle Drivers He Mandatory Off duty Time 39 1 No motor carrier shall request require or allow a driver to drive and no driver shall drive after the driver has accumulated more than 15 hours of driving time or 18 hours of on duty time unless they take at least 8 consecutive hours of off duty time before driving again 2 No motor carrier shall request require or allow a driver to drive and no driver shall drive if more than 20 hours of time has elapsed between the conclusion of the most recent period of 8 or more consecutive hours of off duty time and the beginning of the next period of 8 or more consecutive hours of off duty time Daily Off duty Time 40 A motor carrier shall ensure that a driver takes and the driver shall take at least 8 hours of off duty time Splitting of Daily Off duty Time Single Driver 41 1 A driver who is driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off duty time and daily off duty time requirements of sections 39 and 40 by accumulating off duty time in no more than 2 periods if a neither period of off duty time is shorter than 2 hours b the total of the 2 periods of off duty time is at least 8 hours c the off duty time is spent resting in the sleeper berth d the to
3. Alberta Reference Guide for Hours of Service Training Development Introduction June 23 2008 Commercial Vehicle Drivers Hout Microsoft The Federal Commercial Vehicle Drivers Hours of Service Regulations came into effect on January 1 2007 To make it an easier transition for the commercial truck and bus industry Alberta Transportation has developed resource material to assist in the development of training materials What will learn in this Reference Guide Application of the Federal Commercial Vehicle Drivers Hours of Service Regulation SOR 2005 313 Driver fatigue causes and solutions Driving and off duty limits for drivers Proper logbook keeping and logbook requirements Application of exemptions and permits NANA K Internal and external enforcement of the regulations Introduction Commercial Vehicle Drivers H NOTICE TO READERS Every effort has been made to ensure that the information in this document is accurate at the time of preparation However this document is intended to serve only as a guide and cannot replace first hand information such as specific legislation In certain critical circumstances this guide provides direction on the assumption that the legislation will be amended in the near future The material in the document is not intended to constitute a training course in the federal Hours of Service regulatory requirements However it may be used to h
4. SOR 2005 313 October 25 2005 pursuant to section 16 1 of the Motor Vehicle Transport Act comes into force January 1 2007 The Commercial Vehicle Drivers Hours of Service Regulations 1994 are repealed Introduction 35 Commercial Vehicle Drivers H Feedback Form Alberta Transportation would like your feedback on the document Alberta Reference Guide for Hours of Service Training Development All responses are kept confidential and will be grouped with other responses to provide an overall evaluation of the document Please send the completed form to Director Carrier Services Section 401 4920 51 Street Red Deer AB T4N 6K8 Phone 403 340 5021 toll free in Alberta by first dialing 310 0000 Fax 403 340 4811 Date survey completed 1 How did you get a copy of the document Commercial Vehicle Safety Compliance in Alberta C Department information email mail CI Industry Association Specify etc L Another carrier L Consultant Web site Specify site L Other Specify 2 The following questions will help us determine the usefulness of the content available in the document Please choose one answer for each part Strongly Somewhat Somewhat Strongly No Opinion Agree Agree Disagree Disagree The information was easy to find The information was easy to read and understand The information was useful will be able to apply this information to my company 0 OO OO 0 OO OO
5. O OO Oa 0 00 Eo a a0 g e There was enough information provided f What information if any would you like to see added to the document Introduction 36 Commercial Vehicle Drivers H g What information if any should be deleted from the document h What information was most useful to you i Did you use the information inthe L Yes L No Why not document j Did you use the sample forms L Yes L No Why not provided in the document k Did this document assist you in L Yes L No Why not improving your compliance with the Hours of Service Regulations Would you recommend this LI Yes L No Why not document to others 3 The following questions help us understand how the needs and views of users are different This will help improve our information products All answers will be kept confidential a Which type of transportation industry sector s are you employed in select all that apply L Oilfield Service L General Freight less than truck load LI Truck Load van or flat deck trailers L Heavy Equipment incl construction L Dangerous Goods bulk L Dangerous Goods non bulk L Bulk Liquids non dangerous goods L Bulk Dry non dangerous goods Ce EYE er Passengers Log Hauling excluding lumber Building or Modular Home Livestock Other Commercial Farm Products Gravel Rock Dirt Aggregates Other
6. SIGNATURE INSTRUCTIONS Fill out the grid as follows a for each duty status i mark the beginning time and the end time and ii draw a continuous line between the time markers b record the name of the municipality or give the location on a highway or in a legal sub division and the name of the province or state where a change in duty status occurs c if the driver is engaged in making deliveries in a municipality that result in a number of periods of driving time being interrupted by a number of short periods of other on duty time the periods of driving time may be combined and the periods of other on duty time may be combined and d enter on the right of the grid the total number of hours of each period of duty status which total must equal 24 hours Introduction 34 Commercial Vehicle Drivers Ho SCHEDULE 3 Subsection 98 4 and paragraph 99 2 a RECEIPT It is hereby acknowledged that pursuant to subsection 98 4 or paragraph 99 2 a of the Commercial Vehicle Drivers Hours of Service Regulations the following daily logs supporting documents and other records were provided by Name of person at Number street municipality location province of motor carrier on Day month year namely Description of daily logs supporting documents and records received Dated at Municipality location on Day month year Inspector s signature Established by
7. 14 Commercial Vehicle Drivers He 3 No motor carrier shall request require or allow a driver to drive and no driver shall drive after 16 hours of time have elapsed between the conclusion of the most recent period of 8 or more consecutive hours of off duty time and the beginning of the next period of 8 or more consecutive hours of off duty time Daily Off duty Time 14 1 A motor carrier shall ensure that a driver takes and the driver shall take at least 10 hours of off duty time in a day 2 Off duty time other than the mandatory 8 consecutive hours may be distributed throughout the day in blocks of no less than 30 minutes each 3 The total amount of off duty time taken by a driver in a day shall include at least 2 hours of off duty time that does not form part of a period of 8 consecutive hours of off duty time required by section 13 15 reserved Deferral of Daily Off duty Time 16 Despite sections 12 and 14 a driver who is not splitting off duty time in accordance with section 18 or 19 may defer a maximum of 2 hours of the daily off duty time to the following day if a the off duty time deferred is not part of the mandatory 8 consecutive hours of off duty time b the total off duty time taken in the 2 days is at least 20 hours c the off duty time deferred is added to the 8 consecutive hours of off duty time taken in the second day d the total driving time in the 2 days does not exceed 26 hours and e ther
8. Switching Off duty Time 54 1 No motor carrier shall request require or allow a driver to switch and no driver shall switch from one cycle to the other without first taking the following off duty time before beginning to drive again a to switch from cycle 1 to cycle 2 at least 36 consecutive hours or b to switch from cycle 2 to cycle 1 at least 72 consecutive hours 2 After taking the off duty time the driver begins the other cycle the accumulated hours are set back to zero and the driver s hours begin to accumulate again 55 to 60 reserved Introduction 21 Commercial Vehicle Drivers He PERMITS Special Permits 61 1 A federal director may issue a special permit to a motor carrier for the purpose of a research or pilot project if the safety and health of the public the driver or the employees of the motor carrier are not or are unlikely to be jeopardized 2 Sections 12 to 54 and 76 to 99 do not apply in respect of special permits but sections 64 to 68 apply with such modifications as the circumstances require 3 The applicant shall provide to the federal director a detailed work plan that includes at least the following information a the nature of the proposed research or pilot project b the objectives of the proposed research or pilot project c the competence of the applicant to participate in the proposed research or pilot project d the criteria and method for measuring results e the
9. a copy of it to the home terminal of each other carrier for which the driver worked and b the original supporting documents to the home terminal of the applicable motor carrier 3 The motor carrier shall a deposit the daily logs and supporting documents at its principal place of business within 30 days after receiving them and b keep the daily logs and supporting documents in chronological order for each driver for a period of at least 6 months Tampering 86 1 No motor carrier shall request require or allow a driver to keep and no driver shall keep more than one daily log in respect of any day 2 No motor carrier shall request require or allow any person to enter and no person shall enter inaccurate information in a daily log whether it is handwritten or produced using an electronic recording device or falsify mutilate or deface a daily log or supporting documents Monitoring by Motor Carriers 87 1 A motor carrier shall monitor the compliance of each driver with these Regulations 2 A motor carrier that determines that there has been non compliance with these Regulations shall take immediate remedial action and record the dates on which the non compliance occurred the date of issuance of a notice of non compliance and the action taken 88 to 90 reserved OUT OF SERVICE DECLARATIONS 91 1 A director or an inspector may issue an out of service declaration in respect of a driver if a the driver contravenes p
10. capable of accurately recording in accordance with section 83 each period of duty status in whole or in part emergency vehicle means a fire fighting vehicle ambulance police vehicle or other vehicle that is used for emergency purposes federal director means an official of the Road Safety and Motor Vehicle Regulation Directorate of the federal Department of Transport home terminal means the place of business of a motor carrier at which a driver ordinarily reports for work and for the purposes of sections 80 to 82 and Schedule 2 includes a temporary work site designated by the motor carrier inspector means a a person designated under subsection 3 2 or b a peace officer within the meaning of section 2 of the Criminal Code Introduction 11 Commercial Vehicle Drivers He motor carrier means a person who is engaged in the operation of an extra provincial bus undertaking or an extra provincial truck undertaking off duty time means any period other than on duty time oil well service vehicle means a commercial vehicle that is a specially constructed altered or equipped to accommodate a specific service requirement associated with the oil or natural gas industry and b used exclusively in the oil or natural gas industry for transporting equipment or materials to and from oil or natural gas facilities or for servicing and repairing oil or natural gas facilities on duty time means the period tha
11. director for a permit by providing the following information and documents a the name of the motor carrier b the names of the drivers who will operate a commercial vehicle under the permit c the driver licence numbers of the drivers and the provinces of issuance d a list of the commercial vehicles operated by the motor carrier Introduction 23 Commercial Vehicle Drivers He e a list of all accidents involving the motor carrier or any driver of the motor carrier that occurred during the 6 months before the date of the application if they are required by the laws of the province state or country in which the accident occurred to be reported to the police f the requested duration of the permit g in the case of an extra provincial truck undertaking a detailed description of the load and the provinces in respect of which the permit is to apply h in the case of an extra provincial bus undertaking a detailed description of the routes in respect of which the permit is to apply i the requested schedule j the reasons for the application with supporting evidence k a copy of every permit issued to the motor carrier under these Regulations in the previous 5 years I a signed declaration that discloses any other application for a permit under these Regulations made by the motor carrier to any director within the 6 months before the date of the application and m any other information required by the d
12. safety implications and the approach to addressing any possible risks identified f the duration of the proposed research or pilot project and g the manner of and timing for reporting results Permits for Commercial Vehicles Other than Oil Well Service Vehicles 62 1 A provincial director may issue a permit to a motor carrier in respect of a commercial vehicle other than an oil well service vehicle if a the safety and health of the public the driver or the employees of the motor carrier are not or are unlikely to be jeopardized and b a reduction of off duty time or an increase in driving time is required i to allow a driver following a regular itinerary to reach their home terminal or destination ii to allow the delivery of perishable goods or iii to accommodate a significant temporary increase in the transportation of passengers or goods by the motor carrier 2 The only deviations from the requirements of these Regulations that may be authorised in the permit are Introduction 22 Commercial Vehicle Drivers He a a reduction of the 2 hours of daily off duty time required by subsection 14 3 if the commercial vehicle is operated south of latitude 60 N and b an increase in driving time and on duty time of up to a total of 2 hours Oil Well Service Vehicle Permits 63 1 A provincial director may issue a permit to a motor carrier in respect of an oil well service vehicle if a the driver has su
13. to 9 reserved TRAVELLING AS A PASSENGER OFF DUTY TIME 10 If a driver who has at the request of the motor carrier by whom the driver is employed or otherwise engaged spent time travelling as a passenger in a commercial vehicle to the destination at which the driver will begin driving takes 8 consecutive hours of off duty time before beginning to drive the time spent as a passenger shall be counted as off duty time SCHEDULING DRIVING SOUTH OF LATITUDE 60 N Application 11 Sections 12 to 29 apply in respect of driving south of latitude 60 N Daily Driving and On duty Time 12 1 No motor carrier shall request require or allow a driver to drive and no driver shall drive after the driver has accumulated 13 hours of driving time in a day 2 No motor carrier shall request require or allow a driver to drive and no driver shall drive after the driver has accumulated 14 hours of on duty time in a day Mandatory Off duty Time 13 1 No motor carrier shall request require or allow a driver to drive and no driver shall drive after the driver has accumulated 13 hours of driving time unless the driver takes at least 8 consecutive hours of off duty time before driving again 2 No motor carrier shall request require or allow a driver to drive and no driver shall drive after the driver has accumulated 14 hours of on duty time unless the driver takes at least 8 consecutive hours of off duty time before driving again Introduction
14. 05 Red Deer AB T4N 5H5 Phone 403 342 3517 or 888 886 2787 Fax 403 342 3287 Web site http www rdc ab ca continuingeducation Introduction 8 Commercial Vehicle Drivers He Lethbridge Community College Commercial Vehicle Enforcement Program Lethbridge Community College offers a program designed in partnership with Alberta Transportation that provides training in transportation legislation to new Transport Officers and other interested parties With the implementation of the Traffic Safety Act and associated regulations this multi course program will provide commercial carriers the opportunity to access education on current transportation legislation such as Hours of Service Weights and Dimensions Licensing and Transport Law An educated industry is a safer industry Drivers safety supervisors and other members of the transportation industry are invited to enroll in individual courses or the entire program The result will be fewer tickets a more desirable carrier profile a reduction in collisions and safer highways for all users For more information regarding this program please contact Commercial Vehicle Enforcement Program Lethbridge Community College Martin Thomsen Program Leader 3000 College Drive South Lethbridge AB T1K 1L6 Phone 403 317 3568 Fax 403 317 3521 Web site http www lethbridgecollege ab ca Appendix e Regulation The Federal Commercial Vehicle Drivers Hours of Service Regula
15. a driver shall immediately produce for inspection daily logs supporting documents and other relevant records for the current trip and the preceding 14 days as well as any permit the driver may be driving under Introduction 30 Commercial Vehicle Drivers Ho 2 If an electronic recording device is installed in the commercial vehicle the driver shall retrieve the information stored by the device for each day that it was used 3 The driver shall at the request of an inspector immediately give the inspector a copy of the daily logs supporting documents and other relevant records for the preceding 14 days or the originals if it is not possible in the circumstances to make copies as well as any permit the driver may be driving under 4 The inspector shall provide a receipt in the form set out in Schedule 3 for the copy of the daily logs supporting documents and other relevant records 99 1 A motor carrier shall during business hours at the request of an inspector immediately make available for inspection at a place specified by the inspector daily logs supporting documents and other relevant records as well as any permit a driver may be driving under or have been driving under during the period for which the inspector makes the request for the documents 2 The inspector shall a immediately return the permit if it is still a current permit and provide a receipt in the form set out in Schedule 3 for any expired permit as well
16. aragraph 4 a or b b the driver fails to comply with any of the driving time or off duty time requirements of sections 12 to 29 sections 38 to 54 or a permit c the driver is unable or refuses to produce their daily log book in accordance with section 98 d there is evidence that shows that the driver has completed more than one daily log has entered inaccurate information in the daily log or has falsified information in the daily log or e the driver has mutilated or defaced a daily log or a supporting document in such a way that the director or inspector cannot determine whether the driver has complied with the driving time and off duty time requirements of sections 12 to 29 sections 38 to 54 or a permit Introduction 29 Commercial Vehicle Drivers He 2 The director or inspector shall notify the driver and the motor carrier in writing of the reason that the driver has been made the subject of an out of service declaration and the period during which it applies 3 An out of service declaration applies a for 10 consecutive hours if the driver contravenes paragraph 4 a or b b for 10 consecutive hours if the driver contravenes section 12 or 38 c for the number of hours needed to correct the failure if the driver fails to comply with the off duty time requirements of any of sections 12 to 29 or 38 to 54 and d for 72 consecutive hours if the driver contravenes section 86 or 98 4 The out of service
17. as for the daily logs supporting documents and other relevant records and b return the expired permits daily logs supporting documents and other relevant records within 14 days after receiving them REPEAL 100 The Commercial Vehicle Drivers Hours of Service Regulations 1994 are repealed COMING INTO FORCE 101 These regulations come into force on January 1 2007 Introduction 31 Commercial Vehicle Drivers Ho SCHEDULE 1 Section 1 and subsection 97 3 SLEEPER BERTHS 1 An area of a commercial vehicle is a sleeper berth if a it is designed to be used as sleeping accommodation b it is located in the cab of the commercial vehicle or immediately adjacent to the cab and is securely fixed to it c it is not located in or on a semi trailer or a full trailer d if it is located in the cargo space it is securely compartmentalized from the remainder of the cargo space e in the case of a bus i itis located in the passenger compartment ii it is at least 1 9 min length 60 cm in width and 60 cm in height iii it is Separated from the passenger area by a solid physical barrier that is equipped with a door that can be locked iv it provides privacy for the occupant and v it is equipped with a means to significantly limit the amount of light entering the area f in the case of a commercial vehicle other than a bus it is rectangular in shape with at least the following dimensions i 1 9 min
18. carrier to operate a commercial vehicle within a radius of 160 km of the home terminal Introduction 26 Commercial Vehicle Drivers H b the driver returns to the home terminal each day to begin a minimum of 8 consecutive hours of off duty time c the motor carrier maintains accurate and legible records showing for each day the driver s duty status and elected cycle the hour at which each duty status begins and ends and the total number of hours spent in each status and keeps those records for a minimum period of 6 months after the day on which they were recorded and d the driver is not driving under a permit issued under these Regulations Content of Daily Logs 82 1 At the beginning of each day a motor carrier shall require that a driver enters legibly and the driver shall enter legibly the following information in the daily log a the date the start time if different than midnight the name of the driver and if the driver is a member of a team of drivers the names of the co drivers b in the case of a driver who is not driving under the provisions of an oil well service permit the cycle that the driver is following c the commercial vehicle licence plates or unit numbers d the odometer reading of each of the commercial vehicles operated by the driver e the names and the addresses of the home terminal and the principal place of business of every motor carrier by whom the driver was employed or otherwise
19. ccessfully completed training directly related to safety requirements associated with operating within the field services sector of the oil or natural gas industry and b the safety and health of the public the driver or the employees of the motor carrier are not or are unlikely to be jeopardized 2 Sections 24 to 29 and 49 to 54 do not apply in respect of an oil well service vehicle permit but instead the permit shall require that the driver take a at least 3 periods of off duty time each at least 24 hours long in any period of 24 days the periods being taken consecutively or separated by on duty time and b at least 72 consecutive hours of off duty time after ending driving under the provisions of the permit and beginning driving under those sections 3 When the driver begins to drive again under sections 24 to 29 or 49 to 54 they begin to accumulate hours in the cycle 4 Waiting time and standby time at an oil or natural gas well site or ancillary facility shall not be included as on duty time if a the driver performs no work during the time b the time is fully and accurately recorded in the daily log as off duty time and denoted as waiting or standby time in the Remarks section and c the time is not included in the mandatory minimum of 8 consecutive hours of off duty time 5 None of the daily off duty time shall be deferred to the next day Applications for Permits 64 1 A motor carrier may apply to a
20. declaration in respect of a driver who contravenes section 86 or 98 continues to apply beyond the 72 hours until the driver rectifies the daily log if applicable and provides it to the director or inspector so that the director or inspector is able to determine whether the driver has complied with these Regulations 92 to 95 reserved INSPECTIONS Proof of Authority 96 An inspector shall at all times during the exercise of their functions produce on request proof of their designation and title Authority to Enter Premises for an Inspection 97 1 An inspector may during business hours enter a motor carrier s home terminal or principal place of business other than living quarters for the purpose of inspecting the daily logs supporting documents and other relevant records 2 An inspector may at any time stop and enter a commercial vehicle except for its sleeper berth for the purpose of inspecting the daily logs and supporting documents 3 An inspector may at any time stop a commercial vehicle and enter its sleeper berth for the purpose of verifying that the sleeper berth meets the requirements of Schedule 1 4 No person shall obstruct or hinder or knowingly make any false or misleading statements either orally or in writing to a director or an inspector engaged in carrying out their duties and functions under these Regulations Production of Daily Logs and Supporting Documents 98 1 At the request of an inspector
21. e is a declaration in the Remarks section of the daily log that states that the driver is deferring off duty time under this section and that clearly indicates whether the driver is driving under day one or day two of that time Ferries 17 Despite sections 13 and 14 a driver travelling by a ferry crossing that takes more than 5 hours is not required to take the mandatory 8 consecutive hours of off duty time if a the time spent resting in a sleeper berth while waiting at the terminal to board the ferry in rest accommodations on the ferry and at a rest stop that is no more than 25 km from the point of disembarkation from the ferry combine to total a minimum of 8 hours b the hours are recorded in the daily log as off duty time spent in a sleeper berth c the driver retains as a Supporting document the receipt for the crossing and rest accommodation fees and d the supporting document coincides with the daily log entries Introduction 15 Commercial Vehicle Drivers He Splitting of Daily Off duty Time Single Driver 18 1 A driver who is driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off duty time and daily off duty time requirements of sections 13 and 14 by accumulating off duty time in no more than 2 periods if a neither period of off duty time is shorter than 2 hours b the total of the 2 periods of off duty time is at least 10 hours c the off duty time is spent resting in t
22. elp develop material that could then be used for training purposes Corrections comments and suggestions can be submitted to Alberta Transportation at any time by using the Feedback Form contained in the Appendix to this module The electronic version of this document will be updated periodically for your convenience and use The latest version of each module may be viewed on the internet at http www transportation alberta ca The reader is invited to reproduce all or part of this document however at no time should the information contained here be altered in any way nor used in a manner that would change the intended meaning of the material or its accuracy Introduction 3 Commercial Vehicle Drivers Ho Table of Contents Introduction Module 1 Module 2 Module 3 Module 4 Module 5 Module 6 Module 7 Module 8 Module 9 Module 10 Module 11 Module 12 Module 13 Module 14 Module 15 Module 16 Module 17 Module 18 Module 19 Module 20 Module 21 Module 22 Module 23 Module 24 Introduction Overview Application Responsibilities Driver Activities Daily Limits Work Shift Limits Deferral of Off Duty Time Splitting of Daily Off Duty Time Sleeper Berths Cycles Special Permit Oil Well Service Vehicle Permits Special Permit Commercial Vehicles Other than Oil Well Service Vehicles Special Permit Research Pilot Project Permit Process Exemptions Ferr
23. engaged during that day f in the Remarks section of the daily log if the motor carrier or driver was not required to keep a daily log immediately before the beginning of the day the number of hours of off duty time and on duty time that were accumulated by the driver each day during the 14 days immediately before the beginning of the day and g if applicable a declaration in the Remarks section of the daily log that states that the driver is deferring off duty time under section 16 and that clearly indicates whether the driver is driving under day one or day two of that time 2 The motor carrier shall require that the driver records and the driver shall record in the daily log the hours in each duty status during the day covered by the daily log in accordance with Schedule 2 and the location of the driver each time their duty status changes as that information becomes known 3 At the end of each day the motor carrier shall require that the driver records and the driver shall record the total hours for each duty status and the total distance driven by the driver that day excluding the distance driven in respect of the driver s personal use of the vehicle as well as the odometer reading at the end of the day and sign the daily log attesting to the accuracy of the information recorded in it Use of Electronic Recording Devices 83 A driver may use an electronic recording device for recording their duty status if a the informat
24. ersonal use if i the vehicle has been unloaded ii any trailers have been unhitched iii the distance travelled does not exceed 75 km in a day iv the driver has recorded in the logbook the odometer reading at the beginning and end of the personal use and v the driver is not the subject of an out of service declaration under section 91 2 In this section the expression commercial vehicle when driven for personal use excludes use by the driver of the vehicle in the course of business as a motor carrier DIRECTORS 3 1 The minister responsible for highway safety in a province may designate a person to exercise in the province the duties and functions of a director for the purposes of these Regulations Introduction 13 Commercial Vehicle Drivers H 2 A director may designate inspectors for the purposes of these Regulations RESPONSIBILITIES OF MOTOR CARRIERS SHIPPERS CONSIGNEES AND DRIVERS 4 No motor carrier shipper consignee or other person shall request require or allow a driver to drive and no driver shall drive if a the driver s faculties are impaired to the point where it is unsafe for the driver to drive b driving would jeopardize or be likely to jeopardize the safety or health of the public the driver or the employees of the motor carrier c the driver is the subject of an out of service declaration or d the driver in doing so would not be in compliance with these Regulations 5
25. g on duty and elapsed time in the elected cycle is not extended more than 2 hours b the driver still takes the required 8 consecutive hours of off duty time and c the trip could have been completed under normal driving conditions without the reduction 3 A driver who encounters adverse driving conditions while operating the vehicle during a trip north of latitude 60 N may extend the permitted 15 hours of driving time specified in section 38 by the amount of time needed to complete the trip if a the extension of the driving time is no more than 2 hours b the driver still takes the required 8 consecutive hours of off duty time and c the trip could have been completed under normal driving conditions without the extension 4 A driver who extends their driving on duty or elapsed time because of an emergency or adverse driving conditions shall record the reason for doing so in the Remarks section of the daily log 77 to 79 reserved DAILY LOGS Interpretation 80 A requirement that a driver record time in a daily log is a requirement to record the time using the local time at the driver s home terminal Requirement to Fill Out a Daily Log 81 1 A motor carrier shall require every driver to fill out and every driver shall fill out a daily log each day that accounts for all of the driver s on duty time and off duty time for that day 2 This section does not apply if a the driver operates or is instructed by the motor
26. he sleeper berth d the total of the driving time in the periods immediately before and after each of the periods of off duty time does not exceed 13 hours e the elapsed time in the periods immediately before and after each of the periods of off duty time does not include any driving time after the 16th hour after the driver comes on duty f none of the daily off duty time is deferred to the next day and g the total of the on duty time in the periods immediately before and after each of the periods of off duty time referred to in paragraph b does not include any driving time after the 14th hour 2 The 16 hour is calculated by a excluding any period spent in the sleeper berth that is 2 hours or more in duration and that when added to a subsequent period in the sleeper berth totals at least 10 hours and b including i all on duty time ii all off duty time not spent in the sleeper berth iii all periods of less than 2 hours spent in the sleeper berth and iv any other period spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this section 3 No motor carrier shall request require or allow a driver to begin to drive again and no driver shall begin to drive again in accordance with the requirements of sections 13 and 14 without first taking at least 8 consecutive hours of off duty time Splitting of Daily Off duty Time Team of Drivers 19 1 A team of driver
27. ies North of 60 Daily Logs Radius Exemption 160 Kilometres Electronic Recording Devices Out of Service Declarations Inspections and Authority Detecting Falsified Logs Enforcement Action Daily Log Audits Commercial Vehicle Drivers He Purpose of this Reference Guide Public and commercial vehicles of all descriptions share Alberta highways Motorists have become increasingly concerned about safety due to larger numbers of vehicles using the highways This increase especially of heavier commercial vehicles contributes significantly to the risk of collisions due to fatigued drivers and to the severity of possible injuries that may result Alberta Transportation is responsible for Alberta s highways and is committed to providing a safe efficient quality network of highways In support of this commitment the Vehicle Safety and Carrier Services Branch of Alberta Transportation has prepared this reference guide to assist commercial truck and bus carriers and drivers to operate safely and to be in compliance with the new federal Hours of Service legislation that governs commercial drivers The main purpose of this reference guide is to assist carriers and drivers with understanding the Federal Commercial Vehicle Drivers Hours of Service Regulation SOR 2005 313 and the associated Application Guide a document that explains many of the sections in the regulations This reference guide covers the regulatory requirements and incl
28. ion contained in the electronic recording device is the same as the information that would have been provided if it had been submitted as a daily log in paper format Introduction 27 Commercial Vehicle Drivers He b when requested to do so by a director or an inspector the driver can immediately provide the information for the previous 14 days by producing it on a digital display screen of the electronic recording device or in handwritten form or on a print out or any other intelligible output or any combination of these c the device is capable of displaying i the driving time and other on duty time for each day on which the device is used ii the total on duty time remaining and the total on duty time accumulated in the cycle being followed by the driver and iii the sequential changes in duty status and the time at which each change occurred for each day on which the device is used d the driver is capable if so requested by an inspector of preparing a handwritten daily log from the information stored in the device for each day on which the device is used e the device automatically records when it is disconnected and reconnected and keeps a record of the time and date of these occurrences f the device records the time spent in each duty status of the driver g any hard copy of the daily log that is generated from the information that is stored in the device is signed on each page by the driver attesting to i
29. irector to evaluate whether the granting of a permit would or would be likely to jeopardize the safety or health of the public the driver or the employees of the motor carrier 2 If requested by the director to do so the motor carrier shall make available to the director the daily logs supporting documents or records of on duty times for the 6 months before the date of the application of every driver who will operate a commercial vehicle of the motor carrier under the permit Approval of Other Directors 65 1 Before issuing a permit a director shall obtain the written approval of the provincial directors of the provinces in which the commercial vehicle will be driven under the permit 2 A provincial director from whom approval is sought shall a respond to the request for approval within 30 days after receiving it and b give their approval if they have no reason to believe that the safety or health of the public the driver or the employees of the motor carrier would be or would be likely to be jeopardized by the granting of the permit Issuance of Permits 66 A director who issues a permit shall specify in the permit a the reasons for issuing it b its duration which shall not exceed one year and Introduction 24 Commercial Vehicle Drivers He c any terms or conditions required for the protection of the safety or health of the public the driver or the employees of the motor carrier Obligations of Permit H
30. length measured on the centre line of the longitudinal axis ii 60 cm in width measured on the centre line of the transverse axis and iii 60 cm in height measured from the sleeping mattress to the highest point of the area g it is constructed so that there are no impediments to ready entrance to or exit from the area h there is a direct and readily accessible means of passing from it into the driver s seat or compartment i it is protected against leaks and overheating from the vehicle s exhaust system j it is equipped to provide adequate heating cooling and ventilation k it is reasonably sealed against dust and rain Introduction 32 Commercial Vehicle Drivers Hou I it is equipped with a mattress that is at least 10 cm thick and adequate sheets and blankets so that the occupant can get restful sleep and m it is equipped with a means of preventing ejection of the occupant during deceleration of the commercial vehicle the means being designed installed and maintained to withstand a total force of 2 700 kg applied toward the front of the vehicle and parallel to the longitudinal axis of the vehicle Introduction 33 Commercial Vehicle Drivers SCHEDULE 2 Section 1 and subsection 82 2 DUTY STATUS NAME DATE Cycle 1 7 days Cycle 2 14 days Hours at which day begins Use local time at home terminal Off duty time other than in sleeper berth REMARKS TOTAL DISTANCE DRIVEN
31. mployees of the motor carrier are or are likely to be jeopardized 2 The director shall choose among amendment cancellation and suspension of the permit a if the director is a provincial director in accordance with the laws of the province and b if the director is the federal director in accordance with the laws of the province in which the vehicle is base plated 3 When a director withdraws approval for a permit issued by another director the director who issued the permit shall amend it to remove the authority for a commercial vehicle to be operated under the permit in the province in respect of which approval is withdrawn 69 to 75 reserved Introduction 25 Commercial Vehicle Drivers H EMERGENCIES AND ADVERSE DRIVING CONDITIONS 76 1 The requirements of these Regulations in respect of driving time on duty time and off duty time do not apply to a driver who in an emergency requires more driving time to reach a destination that provides safety for the occupants of the commercial vehicle and for other users of the road or the security of the commercial vehicle and its load 2 A driver who encounters adverse driving conditions while operating the vehicle during a trip south of latitude 60 N may extend the permitted 13 hours of driving time specified in sections 12 and 13 and reduce the 2 hours of daily off duty time required by subsection 14 3 by the amount of time needed to complete the trip if a the drivin
32. muscular power and b is a truck tractor trailer or any combination of them that has a gross vehicle weight in excess of 4 500 kg or a bus that is designed and constructed to have a designated seating capacity of more than 10 persons including the driver cycle means Introduction 10 Commercial Vehicle Drivers He a cycle 1 under which on duty time is accumulated over a period of 7 days and b cycle 2 under which on duty time is accumulated over a period of 14 days daily log means a record in the form set out in Schedule 2 containing the information required by section 82 day 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 director means a federal director or a provincial director driver a means a person who operates a commercial vehicle b means in respect of a motor carrier a person employed or otherwise engaged by the motor carrier to operate a commercial vehicle including a self employed driver and c for the purposes of section 98 includes a co driver duty status means any of the following periods a off duty time other than time spent in a sleeper berth b off duty time spent in a sleeper berth c driving time or d on duty time other than driving time electronic recording device means an electric electronic or telematic device that is installed in a commercial vehicle and is
33. olders 67 1 A motor carrier to whom a permit is issued shall a require that a copy of the permit is placed in each commercial vehicle in respect of which it applies b provide the director with a list of the commercial vehicles in respect of which the permit applies and keep the director informed of any changes so that the director may accurately and quickly identify the vehicles c make available for inspection by the director immediately on request the daily log and the supporting documents of the drivers of the commercial vehicles in respect of which the permit applies and d notify the director without delay of any accident involving any of the commercial vehicles to which the permit applies if it is required by the laws of the province state or country in which the accident occurred to be reported to the police 2 Every driver who is driving under a permit shall drive and the motor carrier shall ensure that they drive in accordance with the terms and conditions of the permit Amendment Cancellation and Suspension of Permits 68 1 A director who issues a permit may amend cancel or suspend it and a director who approves a permit issued by another director may withdraw the approval on written notification to the motor carrier if a the motor carrier or the driver contravenes these Regulations or any condition of the permit or b the director determines that the safety and health of the public the driver or the e
34. on Individual commercial drivers who want to increase their understanding of their responsibilities and thus reduce their risk of having a fatigue related collision Safety Officers responsible for ensuring the safety of commercial drivers authorized to operate regulated commercial vehicles registered to their company Administrative staff responsible for ensuring that regulated administrative procedures are identified and used Carrier management seeking to better understand their personal and corporate legislative requirements Shippers receivers and others who want to better understand their own responsibilities under this federal hours of service legislation and the responsibilities of the commercial carriers and drivers that they work with Law enforcement agencies Commercial Vehicle Drivers He Sources of Help for Carriers Occasionally a commercial truck or bus carrier may require assistance with establishing or modifying their safety and or maintenance programs to ensure compliance with the hours of service regulations or with the National Safety Code NSC Several potential sources of this information that the carrier could consult include Alberta Motor Transport Association AMTA Provide consultant contact information Options Calgary Edmonton Web site Offer various courses in transport safety Phone 800 267 1003 Fax 403 243 4610 3660 Blackfoot Trail SE Calgary AB T2G 4E6 Ph
35. on 28 during the period of the cycle that was ended or b 70 hours of on duty time without having taken at least 24 consecutive hours of off duty time Cycle Reset Off duty Time 28 1 A driver may end the current cycle and begin a new cycle if the driver first takes the following off duty time a for cycle 1 at least 36 consecutive hours or b for cycle 2 at least 72 consecutive hours 2 After taking the off duty time the driver begins a new cycle the accumulated hours are set back to zero and the driver s hours begin to accumulate again Cycle Switching Off duty Time 29 1 No motor carrier shall request require or allow a driver to switch and no driver shall switch from one cycle to the other without first taking the following off duty time before beginning to drive again a to switch from cycle 1 to cycle 2 at least 36 consecutive hours or b to switch from cycle 2 to cycle 1 at least 72 consecutive hours 2 After taking the off duty time the driver begins the other cycle the accumulated hours are set back to zero and the driver s hours begin to accumulate again 30 to 36 reserved SCHEDULING DRIVING NORTH OF LATITUDE 60 N Application 37 Sections 38 to 54 apply in respect of driving north of latitude 60 N Driving and On duty Time 38 1 No motor carrier shall request require or allow a driver to drive and no driver shall drive after the driver has accumulated 15 hours of driving time
36. one 780 448 7456 Fax 780 448 0744 17010 103 Ave Suite 245 Edmonton AB T5S 1K7 www amta ca Legislation Sources Queen s Printer Bookstore Alberta 780 427 4952 Edmonton 403 297 6251 Calgary To call toll free within Alberta first dial 310 0000 Website www qp gov ab ca index cfm Canadian Publishing Centre Federal 800 635 7943 Hull ask for a publication agent near you Introduction or 403 243 4161 Commercial Vehicle Drivers He Transportation Consultants The names of possible transportation consultants who may be able to assist in developing and implementing hours of service training and or monitoring programs are available to the public Please contact Alberta Transportation Carrier Services Section at 403 755 6111 To call toll free within Alberta first dial 310 0000 Red Deer College Transportation Safety Director Program Red Deer College offers a course that provides the basics of safety and health for the transportation industry This program focuses on the information and skills you need to become a designated health and safety transportation representative the Safety Director This course can be looked at as the starting point in a Safety Director s training Experience in the transportation field and further specific training will help in your chosen career path Further information on this program can be obtained from Continuing Education Red Deer College Box 50
37. rcial Vehicle Drivers He principal place of business means the place or places designated by the motor carrier where daily logs supporting documents and other relevant records required by these Regulations are kept sleeper berth means an area of a commercial vehicle that meets the requirements of Schedule 1 supporting document means a document or information recorded or stored by any means required by a director or inspector to assess compliance with these Regulations APPLICATION 2 1 These Regulations apply to all commercial vehicles other than the following a a two or three axle commercial vehicle being used for i transporting the primary products of a farm forest sea or lake if the driver or the motor carrier is the producer of the products or ii a return trip after transporting the primary products of a farm forest sea or lake if the vehicle is empty or is transporting products used in the principal operation of a farm forest sea or lake b an emergency vehicle c a vehicle engaged in providing relief in the case of a public welfare emergency as that expression is defined in section 5 of the Emergencies Act d a bus that is part of the public transit service that is provided in a municipality in contiguous municipalities or within 25 km of the boundary of the municipality or contiguous municipalities in which the public transit service is provided and e acommercial vehicle when driven for p
38. rs of off duty time 43 to 48 reserved Introduction 20 Commercial Vehicle Drivers He Cycles 49 A motor carrier shall require that a driver follows and the driver shall follow either cycle 1 or cycle 2 50 Subject to section 53 no motor carrier shall request require or allow a driver to drive and no driver shall drive unless the driver has taken at least 24 consecutive hours of off duty time in the preceding 14 days 51 Subject to section 53 no motor carrier shall request require or allow a driver who is following cycle 1 to drive and no driver who is following cycle 1 shall drive after the driver has accumulated 80 hours of on duty time during any period of 7 days 52 Subject to section 53 no motor carrier shall request require or allow a driver who is following cycle 2 to drive and no driver who is following cycle 2 shall drive after the driver has accumulated a 120 hours of on duty time in any period of 14 days or b 80 hours of on duty time without having taken at least 24 consecutive hours of off duty time Cycle Reset Off duty Time 53 1 A driver may end the current cycle and begin a new cycle if they first take the following off duty time a for cycle 1 at least 36 consecutive hours or b for cycle 2 at least 72 consecutive hours 2 After taking the off duty time the driver begins a new cycle the accumulated hours are set back to zero and the driver s hours begin to accumulate again Cycle
39. s driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off duty time and daily off duty time requirements of sections 13 and 14 by accumulating off duty time in no more than 2 periods if Introduction 16 Commercial Vehicle Drivers He a neither period of off duty time is shorter than 4 hours b the total of the 2 periods of off duty time is at least 8 hours c the off duty time is spent resting in the sleeper berth d the total of the driving time in the periods immediately before and after each of the periods of off duty time does not exceed 13 hours e the elapsed time in the periods immediately before and after each of the periods of off duty time does not include any driving time after the 16th hour after the driver comes on duty f none of the daily off duty time is deferred to the next day and g the total of the on duty time in the periods immediately before and after each of the periods of off duty time referred to in paragraph b does not include any driving time after the 14th hour 2 The 16 hour is calculated by a excluding any period spent in the sleeper berth that is 4 hours or more in duration and that when added to a subsequent period in the sleeper berth totals at least 8 hours and b including i all on duty time ii all off duty time not spent in the sleeper berth iii all periods of less than 4 hours spent in the sleeper berth and iv any other period spen
40. t begins when a driver begins work or is required by the motor carrier to be available to work except where the driver is waiting to be assigned to work and ends when the driver stops work or is relieved of responsibility by the motor carrier and includes driving time and time spent by the driver a inspecting servicing repairing conditioning or starting a commercial vehicle b travelling in a commercial vehicle as a co driver when the time is not spent in the sleeper berth c participating in the loading or unloading of a commercial vehicle d inspecting or checking the load of a commercial vehicle e waiting for a commercial vehicle to be serviced loaded unloaded or dispatched f waiting for a commercial vehicle or its load to be inspected g waiting at an en route point because of an accident or other unplanned occurrence or situation h resting in or occupying a commercial vehicle for any other purpose except i time counted as off duty time in accordance with section 10 ii time spent in a sleeper berth iii time spent in a stationary commercial vehicle to satisfy the requirements of sections 13 and 14 and iv time spent in a stationary commercial vehicle that is in addition to the off duty requirements of section 14 and i performing any work for any motor carrier out of service declaration means a declaration issued by a director or inspector under section 91 Introduction 12 Comme
41. t in the sleeper berth that does not qualify as counting towards meeting the requirements of this section 3 No motor carrier shall request require or allow a driver to begin to drive again and no driver shall begin to drive again in accordance with the requirements of sections 13 and 14 without first taking at least 8 consecutive hours of off duty time 20 to 23 reserved Cycles 24 A motor carrier shall require that a driver follows and the driver shall follow either cycle 1 or cycle 2 25 Subject to section 28 no motor carrier shall request require or allow a driver to drive and no driver shall drive unless the driver has taken at least 24 consecutive hours of off duty time in the preceding 14 days 26 Subject to section 28 no motor carrier shall request require or allow a driver who is following cycle 1 to drive and no driver who is following cycle 1 shall drive after the driver has accumulated 70 hours of on duty time during any period of 7 days or if the driver has reset the cycle in accordance with section 28 during the period of the cycle that was ended Introduction 17 Commercial Vehicle Drivers He 27 Subject to section 28 no motor carrier shall request require or allow a driver who is following cycle 2 to drive and no driver who is following cycle 2 shall drive after the driver has accumulated a 120 hours of on duty time during any period of 14 days or if the driver has reset the cycle in accordance with secti
42. tal of the driving time in the periods immediately before and after each of the periods of off duty time does not exceed 15 hours e the on duty time in the periods immediately before and after each of the periods of off duty time does not include any driving time after the 18th hour after the driver comes on duty calculated in accordance with subsection 2 and f none of the daily off duty time is deferred to the next day 2 The 18 hour is calculated by a excluding any period spent in the sleeper berth that is 2 hours or more in duration and that when added to a subsequent period in the sleeper berth totals at least 8 hours and b including i all on duty time ii all off duty time not spent in the sleeper berth iii all periods of less than 2 hours spent in the sleeper berth and Introduction 19 Commercial Vehicle Drivers He iv any other period spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this section 3 No motor carrier shall request require or allow the driver to begin to drive again in accordance with the requirements of sections 39 and 40 and no driver shall begin to drive again without first taking at least 8 consecutive hours of off duty time Splitting of Daily Off duty Time Team of Drivers 42 1 A team of drivers driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off duty time and daily off duty time requiremen
43. tion SOR 2005 313 is available on the internet at http www tc gc ca acts requlations GENERAL M mvta regulations mvta001 mvtat1 2007 html To assist the reader a full copy of this legislation is provided e Feedback Form Introduction Commercial Vehicle Drivers Ho Commercial Vehicle Drivers Hours of Service Regulations SOR 2005 313 INTERPRETATION APPLICATION DIRECTORS RESPONSIBILITIES OF MOTOR CARRIERS SHIPPERS CONSIGNEES AND DRIVERS TRAVELLING AS A PASSENGER OFF DUTY TIME SCHEDULING DRIVING SOUTH OF LATITUDE 60 N SCHEDULING DRIVING NORTH OF LATITUDE 60 N PERMITS EMERGENCIES AND ADVERSE DRIVING CONDITIONS DAILY LOGS OUT OF SERVICE DECLARATIONS INSPECTIONS REPEAL COMING INTO FORCE SCHEDULE 1 SLEEPER BERTHS SCHEDULE 2 DUTY STATUS SCHEDULE 3 RECEIPT Established by COMMERCIAL VEHICLE DRIVERS HOURS OF SERVICE REGULATIONS INTERPRETATION 1 The following definitions apply in these Regulations adverse driving conditions means snow sleet fog or other adverse weather or road conditions that were not known to a driver or a motor carrier dispatching a driver immediately before the driver began driving or could not reasonably have been known to them co driver means a person who is present in a commercial vehicle because of having been or being about to be its driver commercial vehicle means a vehicle that a is operated by a motor carrier and propelled otherwise than by
44. ts accuracy and h the motor carrier provides blank daily log forms in the commercial vehicle for the driver s use Possession of Daily Logs and Supporting Documents by Drivers 84 No driver who is required to fill out a daily log shall drive and no motor carrier shall request require or allow the driver to drive unless the driver has in their possession a a copy of the daily logs for the preceding 14 days and in the case of a driver driving under an oil well service permit for each of the required 3 periods of 24 consecutive hours of off duty time in any period of 24 days b the daily log for the current day completed up to the time at which the last change in the driver s duty status occurred and c any supporting documents or other relevant records that the driver received in the course of the current trip Distribution and Keeping of Daily Logs 85 1 A driver shall within 20 days after completing a daily log forward the original daily log and supporting documents to the home terminal and the motor carrier shall ensure that the driver does so 2 A driver who is employed or otherwise engaged by more than one motor carrier in any day shall forward within 20 days after completing a daily log and the motor carriers shall ensure that the driver forwards Introduction 28 Commercial Vehicle Drivers He a the original of the daily log to the home terminal of the first motor carrier for which the driver worked and
45. ts of sections 39 and 40 by accumulating off duty time in no more than 2 periods if a neither period of off duty time is shorter than 4 hours b the total of the 2 periods of off duty time is at least 8 hours c the off duty time is spent resting in the sleeper berth d the total of the driving time in the periods immediately before and after each of the periods of off duty time does not exceed 15 hours e the on duty time in the periods immediately before and after each of the periods of off duty time does not include any driving time after the 18th hour after the driver comes on duty calculated in accordance with subsection 2 and f none of the off duty time is deferred to the next day 2 The 18 hour is calculated by a excluding any period spent in the sleeper berth that is 4 hours or more in duration and that when added to a subsequent period in the sleeper berth totals at least 8 hours and b including i all on duty time ii all off duty time not spent in the sleeper berth iii all periods of less than 4 hours spent in the sleeper berth and iv any other period spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this section 3 No motor carrier shall request require or allow the driver to begin to drive again in accordance with the requirements of sections 39 and 40 and no driver shall begin to drive again without first taking at least 8 consecutive hou
46. udes significant information from the Application Guide This reference guide was designed in modules to allow the reader to select only those subjects that apply to their particular type of operation In addition there are PowerPoint presentations for each module which summarize the main information modules and may be used by a trainer or instructor Hopefully the increased understanding of these regulations and compliance with legislation will result in fewer collisions thus saving lives reducing the severity of injuries and the associated costs to society This guide is not meant to be a substitute for the federal legislation A copy of the federal regulation is included in the Appendix to this module Introduction 5 Commercial Vehicle Drivers Ho Intended Users This reference guide is intended to assist Introduction New carriers and owner operators in the commercial highway transportation industry including but not limited to o those with trucks and cargo vans registered for more than 4 500 kilograms 10 000 pounds who have traveled or will travel outside Alberta this includes farmers o those operating vehicles supplying passenger transportation services buses and passenger vans with a manufactured seating capacity of 11 or more persons including the driver Existing carriers and owners operators who are unclear or who need more information about their responsibilities under the federal hours of service legislati
Download Pdf Manuals
Related Search