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MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal “Commercial Vehicle Drivers Hours of Service” regulations that take effect on January 1, 2007. For accurate reference, please refer to the official volumes of the Commercial Vehicle Drivers Hours of Service Regulations, made under Motor Vehicle Transport Act, that may be viewed on the Internet at: http:// canadagazette . gc .ca/ partII /2005/20051116/html/sor313-e.html Hours of Service Hours of Service
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Page 1: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

MTO Enforcement Program

October 6, 2006

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

Hours of ServiceHours of Service

Page 2: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 2

HistoryHistory

• 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.

Page 3: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 3

Hours of ServiceHours 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.

Page 4: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 4

New RulesNew Rules

Reason for change

Current HOS rules are:

• Not based on a day (24 hour period);

• Allows 16 hours of driving in a “day”;

• Allows 26 hours of driving in a 30 hour period (using off duty time

reduction);

• No limit on a drivers work shift;

• Would allow a driver to work everyday; and

• Driver and Operator assume all responsibility for compliance.

Page 5: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 5

Continued …Continued …

Difficulty of identifying the cycle the driver is using

Driver changes cycles whenever he wants

No requirement to indicate the cycle on the daily log sheet

Page 6: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 6

Principal problems with the current rulesPrincipal problems with the current rules

24-hour periodOff-duty: 8 hDriving : 16 h (13+3)

8 consecutive hours off-duty

8 consecutive hours off-duty

13 13 13

24-hour periodOff-duty : 8 hDriving : 16 h (10+6)

8 consecutive hours off-duty

Little rest, long working hours and irregular rest periods.

3 10 6

Page 7: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 7

Continued …Continued …

ShiftLength: 36 hoursOff-duty: 21 hoursDriving: 13 hoursWork: 15 hours

8 consecutive hours off-duty

8 consecutive hours off-duty

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

6

11

1 2

3 63 3 3 3 33

2 2 2 21

11 2

Page 8: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 8

The “top 12” changes are...The “top 12” changes are...

1. increase minimum daily off-duty time by 25% (8hrs to 10hrs)

2. reduce daily on-duty time by 13% (16 hrs to 14 hrs)

3. reduce daily driving time by18% (16 hrs to 13 hrs)

4. eliminate the “Time Reduction”(once-a-week)

5. restrict driver’s work shift to 16 hours (Tour of Duty)

6. requirement for driver to elect a cycle

7. standards for sleeper berths (split times, design, construction)

8. mandatory 24-hour off-duty period in 15 (regardless of on-duty accumulation)

9. record keeping requirements

10. allowing drivers to use a CMV for personal use (with restrictions)

11. shared responsibility for compliance (carrier, driver, dispatch, tour agency,

consultant)

12. new powers for enforcement officers - “out-of-service” orders

Page 9: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 9

The 3 Basic RulesThe 3 Basic Rules

1. Daily Restrictions

2. Mandatory Off-Duty Time “Work Shifts”

3. Cycle Restrictions

Page 10: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 10

Hours of ServiceHours of Service

Current

• Drive up to 16 hours in a day

• On duty up to 16 hours in a day

• No specified off-duty time for a

day

Rule

• Minimum of 10 hours of off-duty

must be taken every day.

• Off-duty periods > 30 mins.

• Maximum of 13 hours driving in

a day

• No driving after 14 hours of on-

duty in a day

Daily Requirements

Page 11: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 11

Daily Limits - a simple 3-point Daily Limits - a simple 3-point check for compliancecheck for compliance

24-hour period

113

10 hours off-duty

10* 8 hours

1

Off-duty ≥ 10

Driving ≤ 13

No driving after 14 hours On-duty

* Not required in the rules for the day

Page 12: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 12

Daily Limits – Daily Limits – Verifying daily off-duty timeVerifying daily off-duty time

Page 13: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 13

Hours of ServiceHours of Service

No driving after 14 hours on-duty

DRIVING < 13

OFF DUTY > 10Off-Duty Periods must be at least 30 minutes long or

they do not count toward the 10 hours.

Daily Requirements

Page 14: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 14

Hours of ServiceHours of Service

Current

• After 13 hours of driving you

have to take 8 consecutive hours

off-duty before you can drive

again

• After 15 hours of on duty you

have to take 8 consecutive hours

off-duty before you can drive

again

New Rule

• After 13 hours of driving you

have to take 8 consecutive hours

off-duty before you can drive

again

• After 14 hours of on-duty you

have to take 8 consecutive hours

off-duty before you can drive

again

Work Shift Rules

Page 15: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 15

Hours of ServiceHours of Service

Current

• No restriction on length of work

shift

• Off-duty periods extend the time

between

Rule

• No driving after a maximum of 16 hours (elapsed time)

• Time period which starts the instant you are on duty after having just taken minimum 8 hours off-duty

• Includes all time and activities

• 8 consecutive hours off-duty resets the work shift.·

• Sleeper berth rest periods are not counted in the 16 hour duty period when they qualify for the sleeper berth rest provision

Work Shift Rules Cont’d

Page 16: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 16

What are the rules for the work shift?What are the rules for the work shift?

•Work Shift ≤ 16 hours •Driving time ≤ 13 hours•No driving after 14 hours on-duty

Shift Reset End

8 consecutive hours 8 consecutive hours

Page 17: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 17

Mandatory Off-Duty TimeAfter 16 Hours Work Shift

2

8

14

WORK SHIFT

8 consecutive hours

Page 18: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 18

Hours of ServiceHours of Service

Current

• May reduce the 8-consecutive

hour off-duty period to a

minimum of 4 hours- once in a 7

day period

Rule

• 48 hour averaging allows a

driver to reduce the daily off-

duty requirement by the 2

“other” hours of off duty time

and this time is added to the 8

consecutive hours of off-duty

on Day 2. This provision may

be exercised every 2nd day if

a driver chooses.

Off Duty Exceptions

Page 19: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 19

Daily Off Duty Time DeferralDaily Off Duty Time Deferral

Day 2

Day 1

10 Hours (8 + the 2 deferred from Day 1)

8

11.54.5

12

111

Page 20: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 20

Hours of ServiceHours 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 75th hour on-duty)

• No reset provision

• switching allowed

New Rule

• Two cycles (must elect one)

• Cycle 1: 70 hours/7 days,

• Cycle 2: 120 hours/14 days (must take 24 consecutive hours off-duty prior to 70th hour,every period)

• Reset provision

• cycle switching only allowed after completing required off-duty period for cycle reset

• Cycle 1: 36 consecutive hours

• Cycle 2: 72 consecutive hours

Cycles

Page 21: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 21

S M T W T F S

13 h. 1

8 h. 2

12 h. 3

10 h. 4

11 h. 5

0 h. 6

? h. 7

S M T W T F S

8 h. 1

12 h. 2

10 h. 3

11 h. 4

0 h. 5

3 h. 6

? h. 7

13 h.

S M T W T F S

8 h.

12 h. 1

10 h. 2

11 h. 3

0 h. 4

3 h. 5

10 h. 6

13 h. ? h.

7

Accumulated Day 1-6:54 h

Available:16 h

Accumulated Day 1-6:46 h

Available:24 h

Accumulated Day 1-6:44 h

Available:26 h

Illustration of Cycle 1 (70 hrs/7 days)

Page 22: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 22

7 Day Cycle Reset7 Day Cycle Reset

Day 1

Day Off

Day 2 Day 4

Day 1Day Off Day 2

Day 4Day 3 Day 6Day 5

Day Off Day 2 Day 3

Day 3

12 Hours

OffDay 1

Page 23: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 23

Hours of ServiceHours of Service

Current

• Only required for 14 day cycle

Rule

• Mandatory 24 consecutive hours

off duty in preceding 14 days

Mandatory 24-hours Off-Duty

Page 24: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 24

Mandatory 24 hrs. off in 15-daysMandatory 24 hrs. off in 15-days

• to address perceived problem of driving every day of the year

• driver must have at least one 24-hour consecutive off-duty period in preceding 14 days

• applies regardless of amount of on-duty time accumulated

2007

Page 25: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 25

Hours of ServiceHours of Service

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

Sleeper Berth

Page 26: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 26

Hours of ServiceHours of Service

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·

Sleeper Berth

Page 27: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 27

Sleeper Berth (Single Driver)Sleeper Berth (Single Driver)

3 + 7 = 10 hours

•Driving < 13

•No Driving after 14 hours On-Duty

•No Driving after 16th hour since last sleeper period

Off-duty ≥ 10

Driving ≤ 13

No driving after 14 hours On-duty

Page 28: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 28

Sleeper Berth (Team Driver)Sleeper Berth (Team Driver)

4 + 4 = 8 hours

•Driving < 13

•No Driving after 14 hours On-Duty

•No Driving after 16th hour since last sleeper period

2

8

2

12

Page 29: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 29

Hours of ServiceHours of Service

Current

• Suitable accommodation,

constructed and maintained

for sleeper

Rule

• Must meet prescribed standards

specified in Schedule 1

Sleeper Berth Specifications

Page 30: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 30

Hours of ServiceHours of Service

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

Daily Log Exemption

Page 31: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 31

Would your current Driver log Sheet Comply?Would your current Driver log Sheet Comply?

operator maintains accurate and legible records for each day indicating;

xhour at which each duty status begins & ends:

xtotal hours spent in each status;

xelected cycle; and

xnotation of: time deferral, personal use of CMV & odometer reading, adverse driving or emergency situation

Page 32: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 32

Record keeping requirements - LocalRecord keeping requirements - Local

Page 33: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 33

On-duty Status RecordsOn-duty Status Records

Page 34: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 34

Hours of ServiceHours of Service

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

Contents of Daily Log

Page 35: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 35

Hours of ServiceHours of Service

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

Personal Use Exemption

Page 36: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 36

Hours of ServiceHours of Service

Current

• Driver and Operator are

responsible to ensure compliance

Rule

• No person shall permit, or request

a person to contravene the

regulation

Responsibilities

Page 37: MTO Enforcement Program October 6, 2006 This is an unofficial interpretation of the federal Commercial Vehicle Drivers Hours of Service regulations that.

October 6, 2006 37

Questions?Questions?

Dwain Smith

613-545-4840

[email protected]

Alf Brown

905-704-2342

[email protected]

OR

Hours of Service Application Guide available from the Canadian Council of Motor Transport Administrators website:

http://ccmta.ca/english/producstandservices/publications/reportcentre.cfm - hoursofservice


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