This is an official version. Copyright © 2006: Queen's Printer, Important Information
Newfoundland
and Labrador
Hours
of Service Regulations, 2006 (Filed Under the authority of section 197 of the Highway Traffic Act, I make the following regulations. Dated at Dianne Whalen REGULATIONS Analysis 1. Short title 2. Definitions 3. Application 4. Director and inspectors designated 5. Responsibilities of motor carriers, shippers, consignees and drivers 6. Travelling as a passenger, off duty time PART
I 7. Driving south of latitude 60°north 8. Daily driving and on-duty time 9. Mandatory off-duty time 10. Daily off-duty time 11. Deferral of daily off-duty time 12. Ferries 13. Splitting of daily off-duty time, single driver 14. Splitting of daily off-duty time, team of drivers 15. Cycles required 16. Prohibition 17. Prohibition 18. Prohibition 19. Cycle reset, off-duty time 20. Cycle switching, off-duty time PART
II 21. Application 22. Driving and on-duty time 23. Mandatory off-duty time 24. Daily off-duty time 25. Splitting of daily off-duty time, single driver 26. Splitting of daily off-duty time, team of drivers 27. Cycles 28. Prohibition 29. Prohibition 30. Prohibition 31. Cycle reset, off-duty time 32. Cycle switching, off-duty time PART
33. Special permits 34. Permits for commercial vehicles other than oil well service vehicles 35. Oil well service vehicle permits 36. Applications for permits 37. Approval of other directors 38. Issuance of permits 39. Obligations of permit holders 40. Amendment, cancellation and suspension of permits PART
IV 41. Non-application PART
V 42. Interpretation 43. Requirement to fill out a daily log 44. Content of daily logs 45. Use of electronic recording devices 46. Possession of daily logs and supporting documents by drivers 47. Distribution and keeping of daily logs 48. Tampering 49. Monitoring by motor carriers PART
VI 50. Out of service declarations PART
51. Proof of authority 52. Authority to enter premises for an inspection 53. Production of daily logs and Supporting documents 54. Inspection PART
VIII 55. Offence 56. Repeal 57. Commencement Schedule Short title 1. These
regulations shall be cited as the Hours of Service Regulations, 2006. Definitions 2. In these regulations (a) "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; (b) "co-driver" means a person who is
present in a commercial vehicle because of having been, or being about to be,
its driver; (c) "commercial vehicle" means a vehicle
that (i) is operated by a
motor carrier and propelled otherwise than by muscular power, and (ii) is a truck, tractor, trailer or any
combination of them that has a registered gross vehicle weight in excess of 4,500
kilograms or a bus that is designed and constructed to have a designated
seating capacity of more than 10 persons, including the driver; (d) "cycle" means (i) cycle 1, under
which on-duty time is accumulated over a period of 7 days, and (ii) cycle 2, under which on-duty time is accumulated
over a period of 14 days; (f) "daily log" means a record in the
form prescribed by the minister containing the information required by section
44; and (g) "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; (h) "director" means a federal director
or a provincial director; (i) "driver"
means (i) a person who
operates a commercial vehicle, (ii) with respect to a motor carrier, a person
employed or otherwise engaged by the motor carrier to operate a commercial
vehicle, including a self-employed driver and
for the purpose of section 53, includes a co-driver; (j) "duty status" means any of the
following periods: (i) off-duty time,
other than time spent in a sleeper berth, (ii) off-duty time spent in a sleeper berth, (iii) driving time, or (iv) on-duty time, other than driving time; (k) "electronic recording device" means
an electric, electronic or telematic device that is installed
in a commercial vehicle and is capable of accurately recording, in accordance
with section 45, each period of duty status, in whole or in part; (l) "emergency vehicle" means a fire-fighting
vehicle, ambulance, police vehicle or other vehicle that is used for emergency
purposes; (m) "federal director" means an official
of the Road Safety and Motor Vehicle Regulation Directorate of the federal Department
of Transport; (n) "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 42 to 44, includes a temporary work site
designated by the motor carrier; (o) "inspector" means (i) a person designated
under subsection 4(2), or (ii) a peace officer within the meaning of section
2 of the Criminal Code; (p) "motor carrier" means a person who
is engaged in the operation of an intra-provincial or extra-provincial bus
undertaking or an intra-provincial or extra-provincial truck undertaking; (q) off-duty time" means any period other
than on-duty time; (r) "oil well service vehicle" means a
commercial vehicle that is (i) specially
constructed, altered or equipped to accommodate a specific service requirement
associated with the oil or natural gas industry, and (ii) 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; (s) "on-duty time" means the period that
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 (i) inspecting,
servicing, repairing, conditioning or starting a commercial vehicle, (ii) travelling in a commercial vehicle as a co-driver
when the time is not spent in the sleeper berth, (iii) participating in the loading or unloading of a
commercial vehicle, (iv) inspecting or checking the load of a
commercial vehicle, (v) waiting for a commercial vehicle to be
serviced, loaded, unloaded or dispatched, (vi) waiting for a commercial vehicle or its load
to be inspected, (vii) waiting at an en-route point because of an
accident or other unplanned occurrence or situation, (viii) resting in or occupying a commercial vehicle
for any other purpose, except (A) time counted as off-duty time in accordance
with section 6, (B) time spent in a sleeper berth, (C) time spent in a stationary commercial vehicle
to satisfy the requirements of sections 9 and 10, and (D) time spent in a stationary commercial vehicle
that is in addition to the off-duty requirements of section 10, and (E) performing any work for any motor carrier; (t) "out-of-service declaration" means a
declaration issued by a director or inspector under section 50; (u) "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; (v) "sleeper berth" means an area of a
commercial vehicle that meets the requirements of the schedule; and (w) "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 3. (1) These
regulations apply to all commercial vehicles except: (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 kilometres of the boundary of the municipality or contiguous
municipalities in which the public transit service is provided; and (e) a commercial vehicle when driven for personal
use, if (i) the vehicle has
been unloaded, (ii) any trailers have been unhitched, (iii) the distance travelled does not exceed 75
kilometres 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 50. (2) Notwithstanding subsection (1), the minister
may exempt a commercial vehicle or motor carrier from the application of these
regulations where that exemption is, in the opinion of the minister, required
in the interest of public safety, and the exemption may be subject to the terms
and conditions that the minister may impose. (3) 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. Director and
inspectors designated 4. (1) The minister may designate a person to exercise in the province
the duties and functions of a director for the purposes of these regulations. (2) A director may designate inspectors for the purpose of these regulations. Responsibilities
of motor carriers, shippers, consignees and drivers 5. (1) A motor carrier, shipper, consignee or other person shall not
request, require or allow a driver to drive and a driver shall not 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. (2) A person who contravenes subsection (1) is
guilty of an offence. Travelling as a
passenger, off duty time 6. 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. PART I
7. Sections 8 to 20 apply with respect to driving south of latitude 60° north. Daily driving and
on-duty time 8. (1)
A motor carrier shall not request, require or allow a driver to drive and a
driver shall not drive after the driver has accumulated 13 hours of driving
time in a day. (2) A motor carrier shall not request, require or allow a driver to drive and a driver shall not drive after the driver has accumulated 14 hours of on-duty time in a day. (3) A person who contravenes this section is guilty of an offence and is liable on summary conviction to a fine of not less than $25 nor more than $100. Mandatory off-duty
time 9. (1) A motor carrier shall not request, require or allow a
driver to drive and a driver shall not 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) A motor carrier shall not request, require or
allow a driver to drive and a driver shall not 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. (3) A motor carrier shall not request, require or allow a driver to drive and a driver shall not 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. (4) A person who contravenes this section is
guilty of an offence. Daily off-duty time
10. (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 9. (4) A person who contravenes this section is
guilty of an offence. Deferral of daily
off-duty time 11. Notwithstanding sections 8 and 10, a driver who is not splitting off-duty
time in accordance with section 13 or 14 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) there 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 12. Notwithstanding sections 9 and 10, 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 kilometres 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. Splitting of daily
off-duty time, single driver 13. (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 9 and 10 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 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 sixteenth 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 sixteenth 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) A motor carrier shall not request, require or
allow a driver to begin to drive again and a driver shall not begin to drive
again in accordance with the requirements of sections 9 and 10 without first
taking at least 8 consecutive hours of off-duty time. Splitting of daily
off-duty time, team of drivers 14. (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
requirements of sections 9 and 10 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 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 sixteenth 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 sixteenth 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) A motor carrier shall not request, require or allow a driver to begin to drive again and a driver shall not begin to drive again in accordance with the requirements of sections 9 and 10 without first taking at least 8 consecutive hours of off-duty time. Cycles required 15. A motor carrier shall require that a driver follows and the driver shall follow either cycle 1 or cycle 2. Prohibition 16. (1) A motor carrier shall not request, require or allow a driver to drive and a driver shall not drive unless the driver has taken at least 24 consecutive hours of off-duty time in the preceding 14 days. (2) A person who contravenes subsection (1) is
guilty of an offence. Prohibition 17. (1) A motor carrier shall not request, require or allow a driver who is following cycle 1 to drive and a driver who is following cycle 1 shall not 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 19, during the period of the cycle that was ended. (2) A person who contravenes subsection (1) is guilty
of an offence. Prohibition 18. (1) A motor carrier shall not request, require or allow a
driver who is following cycle 2 to drive and a driver who is following cycle 2
shall not 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 section 19,
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. (2) A person who contravenes this section is
guilty of an offence. Cycle reset, off-duty
time 19. (1) Notwithstanding sections 16, 17 or 18, 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 20. (1) A motor carrier shall not request, require or allow a
driver to switch and a driver shall not 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. PART II Application 21. Sections 22 to 32 apply with respect to driving north of latitude 60° north. Driving and on-duty
time 22. (1)
A motor carrier shall not request, require or allow a driver to drive and a
driver shall not drive after the driver has accumulated 15 hours of driving
time. (2) A motor carrier shall not request, require or allow a driver to drive and a driver shall not drive after the driver has accumulated 18 hours of on-duty time. (3) A person who contravenes this section is
guilty of an offence. Mandatory off-duty
time 23. (1)
A motor carrier shall not request, require or allow a driver to drive and a
driver shall not 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) A motor carrier shall not request, require or allow a driver to drive and a driver shall not 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. (3) A person who contravenes this section is
guilty of an offence. Daily off-duty time
24. (1) A motor carrier shall ensure that a driver takes and the driver shall take at least 8 hours of off-duty time. (2) A person who contravenes subsection (1) is
guilty of an offence. Splitting of
daily off-duty time, single driver 25. (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 23 and 24 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 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 daily off-duty time is deferred to
the next day. (2) The 18th 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 (iv) any other period spent in the sleeper berth
that does not qualify as counting towards meeting the requirements of this
section. (3) A motor carrier shall not request, require or
allow the driver to begin to drive again in accordance with the requirements of
sections 23 and 24 and a driver shall not 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 26. (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 requirements of sections 23 and 24 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 18th 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) A motor carrier shall not request, require or
allow the driver to begin to drive again in accordance with the requirements of
sections 23 and 24 and a driver shall not begin to drive again without first
taking at least 8 consecutive hours of off-duty time. Cycles 27. A
motor carrier shall require that a driver follows and the driver shall follow
either cycle 1 or cycle 2. Prohibition 28. (1) A motor carrier shall not request, require or allow a driver to drive and a driver shall not drive unless the driver has taken at least 24 consecutive hours of off-duty time in the preceding 14 days. (2) A person who contravenes subsection (1) is
guilty of an offence. Prohibition 29. (1) A motor carrier shall not request, require or allow a driver who is following cycle 1 to drive and a driver who is following cycle 1 shall not drive after the driver has accumulated 80 hours of on-duty time during any period of 7 days. (2) A person who contravenes subsection (1) is
guilty of an offence. Prohibition 30. (1) A
motor carrier shall not request, require or allow a driver who is following
cycle 2 to drive and driver who is following cycle 2 shall not 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. (2) A person who contravenes subsection (1) is
guilty of an offence. Cycle reset, off-duty
time 31. (1) Notwithstanding
section 28, 29 or 30, 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 32. (1) A motor carrier shall not request,
require or allow a driver to switch and a driver shall not 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. PART Special permits 33. (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 8 to 32 and 41 to 54 do not apply in
respect of special permits, but sections 36 to 40 apply with the modifications that
the circumstances may 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 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 34. (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 (a) a reduction of the 2 hours of daily off-duty
time required by subsection 10(3) if the commercial vehicle is operated south
of latitude 60° north; and (b) an increase in driving time and on-duty time
of up to a total of 2 hours. Oil well service vehicle
permits 35. (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 successfully 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 15 to 20 and 27 to 32 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 15 to 20 or 27 to 32, 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 36. (1) A motor carrier may apply to a 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; (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; (l) 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 director
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 37. (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
38. 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 (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
holders 39. (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 40. (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 employees 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. PART IV Non-application 41. (1) The requirements of these regulations with respect to 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°
north may extend the permitted 13 hours of driving time specified in sections 8
and 9 and reduce the 2 hours of daily off-duty time required by subsection 10(3)
by the amount of time needed to complete the trip if (a) the driving, 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°
north may extend the permitted 15 hours of driving time specified in section 22
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. PART V Interpretation 42. 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 43. (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 carrier to operate a commercial vehicle within a radius of 160 kilometres
of the home terminal; (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. (3) A person who contravenes this section is
guilty of an offence and is liable on summary conviction to a fine of not less
than $125 nor more than $1,000. Content of daily logs
44. (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 (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 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 11 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 the manner prescribed
by the minister, 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. (4) A person who contravenes this section is
guilty of an offence and is liable on summary conviction to a fine of not less
than $25 nor more than $100. Use of electronic
recording devices 45. A driver may use an electronic recording device for recording his or
her duty status if (a) the information 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; (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 its 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 46. (1) A driver who is required to fill out a daily log shall not drive
and a motor carrier shall not request, require or allow the driver to drive
unless the driver has in his or her 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. (2) A person who contravenes subsection (1) is
guilty of an offence and is liable on summary conviction to a fine of not less
than $25 nor more than $100. Distribution and keeping
of daily logs 47. (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 (a) the original of the daily log to the home
terminal of the first motor carrier for which the driver worked and 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. (4) A person who contravenes this section is
guilty of an offence. Tampering 48. (1) A
motor carrier shall not request, require or allow a driver to keep and a driver
shall not keep more than one daily log in respect of any day. (2) A motor carrier shall not request, require or allow any person to enter and a person shall not 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. (3) A person who contravenes this section is
guilty of an offence and is liable on summary conviction to a fine of not less
than $500 nor more than $2,000. Monitoring by motor
carriers 49. (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. PART VI Out of service
declarations 50. (1) A director or an inspector may issue an out-of-service declaration
in respect of a driver if (a) the driver contravenes paragraph 5(a) or (b); (b) the driver fails to comply with any of the
driving time or off-duty time requirements of Part I, Part II or a permit; (c) the driver is unable or refuses to produce
their daily log book in accordance with section 53; (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 Part I, Part II or a permit. (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 5(a) or (b); (b) for 10 consecutive hours, if the driver
contravenes section 8 or 22; (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 Part
I or Part II; and (d) for 72 consecutive hours, if the driver
contravenes section 48 or 53. (4) The out-of-service declaration in respect of a driver who contravenes section 48 or 53 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. (5) A person who contravenes this section is
guilty of an offence and is liable on summary conviction to a fine of not less
than $1,000 nor more than $3,000. PART Proof of authority
51. 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 52. (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 the Schedule. (4) A person shall not 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 53. (1) At the request of an inspector, 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 under
which the driver may be driving. (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 prescribed by the minister for the copy of the daily logs, supporting documents and other relevant records. Inspection 54. (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 prescribed by the minister for
any expired permit as well 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. PART VIII Offence 55. A person who contravenes a provision of these regulations for which a penalty is not specifically provided is guilty of an offence and on summary conviction is liable to a fine of not less than $25 nor more than $100 for each contravention. CNLR 1001/96 Rep.
56. The Highway Traffic Hours of Service Regulations,
Consolidated Newfoundland and Labrador Regulation 1001/96, are repealed. Commencement 57. These regulations shall come into force on Schedule 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) it is located in
the passenger compartment, (ii) it is at least 1.9 metres in length, 60 centimetres
in width and 60 centimetres 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 metres in
length, measured on the centre line of the longitudinal axis, (ii) 60 centimetres in width, measured on the
centre line of the transverse axis, and (iii) 60 centimetres 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;
(l) it is equipped with a mattress that is at
least 10 centimetres 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
kilograms applied toward the front of the vehicle and parallel to the
longitudinal axis of the vehicle. ©Earl G. Tucker, Queen's Printer |