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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1001/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1001/96

Highway Traffic Hours of Service Regulations
under the
Highway Traffic Act
(O.C. 96‑301)

Under the authority of section 197 of the Highway Traffic Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Hours on duty

        4.   Application

        5.   Rest requirement

        6.   Accumulation of rest period

        7.   Reduction of rest requirement

        8.   Hours of service

        9.   60th parallel

      10.   Permit extension

      11.   Out of service declaration

      12.   Operation prohibited

      13.   Exceptional circumstances

      14.   Powers of director

      15.   Daily log requirements

      16.   On‑board device

      17.   Daily log

      18.   Exemption from requirement

      19.   Log offences

      20.   Daily log management

      21.   Monthly log management

      22.   Log retention

      23.   Record availability

      24.   Seizure of documents

      25.   Offence

      26.   Repeal


Short title

        1. These regulations may be cited as the Highway Traffic Hours of Service Regulations.

50/89 s1

Definitions

        2. In these regulations

             (a)  "Act" means the Highway Traffic Act;

             (b)  "adverse driving conditions" means snow, sleet, fog or other adverse weather conditions, a highway covered with snow or ice or unusual road and driving conditions, none of which were apparent on the basis of information known to the commercial vehicle driver or the person dispatching the trip at the time it began;

             (c)  "automatic on‑board recording device" means an electric, electronic or electro‑mechanical device capable of recording a driver's duty status information, in whole or in part, accurately and automatically;

             (d)  "carrier" means a person who owns, leases or is responsible for the operation of a commercial vehicle for the purpose of transporting passengers or goods;

             (e)  "commercial vehicle" means

                      (i)  a truck, tractor or trailer or combination of them exceeding a registered gross vehicle weight of 4,500 kilograms, or

                     (ii)  a bus designed, constructed and used for the transportation of passengers and/or goods with a designated seating capacity of 7 or more in addition to the driver, except while operating solely for personal use;

              (f)  "commercial vehicle driver" means a person who drives a commercial vehicle;

             (g)  "consecutive days" means all the days in a period of days beginning on a day at the time a carrier designates as the beginning of the 24 hour period;

             (h)  "daily log" means a calendar day record of the information required to be kept as set out in section 15;

              (i)  "director" means the Registrar of Motor Vehicles, or a person designated by the minister to fulfil the responsibilities as set out in these regulations;

              (j)  "driving time" means the period of time that a commercial vehicle driver is at the controls of a commercial vehicle in operation;

             (k)  "emergency vehicle" means firefighting apparatus, ambulance, police vehicle and other vehicles classified as emergency vehicles;

              (l)  "home terminal" means the place of business of a carrier where the commercial vehicle driver normally reports for work;

            (m)  "hours on duty" means all that time from the time a commercial vehicle driver begins to work or is required by the carrier to be in readiness to work until the time the driver stops work or is relieved of the job responsibilities by the carrier and includes the time spent performing the activities described in section 3;

             (n)  "inspector" means a peace officer or a person duly authorized to enforce these regulations;

             (o)  "minister" means the minister appointed under the Executive Council Act to administer the Act;

             (p)  "out of service" means a status of a commercial vehicle driver who is in violation of the driving times as set out in these regulations and who has been so declared by an inspection under section 11;

             (q)  "recreation vehicle" means

                      (i)  a wheeled vehicle designed as mobile accommodations and includes cabin trailer, collapsible cabin trailer, tent trailer, camping trailer and self‑propelled mobile accommodation,

                     (ii)  a vehicle used to transport recreational equipment such as snowmobiles, watercraft, fishing and hunting equipment, motorcycles, bicycles and other similar recreational items where that transportation is not in connection with any business, employment or commercial enterprise;

              (r)  "sleeper berth" means sleeping accommodation provided in a commercial vehicle and designed, constructed and maintained in a manner so that the accommodation is in accordance with good industrial practice;

             (s)  "24 hour period" means a period of any 24 consecutive hours commencing at the time designated by the carrier for the terminal from which the commercial vehicle driver is normally dispatched; and

              (t)  "urban transit service" means a bus used for passenger service of passengers within a municipality or within 25 air kilometres of the boundary of that municipality.

50/89 s2; 192/89 ss1&2

Hours on duty

        3. A commercial vehicle driver's hours on duty include the time spent

             (a)  inspecting, servicing, repairing, conditioning or starting the commercial vehicle;

             (b)  driving the commercial vehicle;

             (c)  travelling as one of 2 commercial vehicle drivers, except the off‑duty time the driver spends resting in the sleeper berth in a commercial vehicle;

             (d)  participating in the loading or unloading of a commercial vehicle;

             (e)  inspecting or checking the load of a commercial vehicle;

              (f)  waiting, at the request of the carrier, for the commercial vehicle to be serviced, loaded or unloaded;

             (g)  waiting for the commercial vehicle or load to be checked at a customs or weighing check point;

             (h)  travelling as a passenger in a commercial vehicle, at the request of the carrier, to a work assignment that will begin before the driver has had 8 consecutive hours of duty;

              (i)  waiting at an en route point because of an accident or other unplanned event; or

              (j)  performing any work in the capacity or employ of a carrier.

50/89 s3

Application

        4. (1) Every carrier and commercial vehicle driver shall comply with these regulations.

             (2)  Notwithstanding subsection (1), these regulations shall not apply in respect of a commercial vehicle driver operating

             (a)  any 2 or 3 axle commercial vehicle that is used for the transportation of primary products of a farm, forest, sea or lake provided the driver or his or her employer is the producer of those products;

             (b)  a commercial vehicle exempted by the director;

             (c)  an emergency vehicle;

             (d)  a commercial vehicle transporting passengers or goods to or from any section of the country with the object of providing relief in the case of an earthquake, flood, fire, famine, drought, epidemic, pestilence or other calamitous visitation or disaster;

             (e)  a recreation vehicle; or

              (f)  urban transit service.

50/89 s4

Rest requirement

        5. A carrier shall not permit a commercial vehicle driver to commence and a commercial vehicle driver shall not commence work and subsequently drive unless the commercial vehicle driver has had at least 8 consecutive hours off duty.

50/89 s5

Accumulation of rest period

        6. Notwithstanding section 5, a commercial vehicle driver driving a commercial vehicle equipped with a sleeper berth may accumulate the 8 hours off duty required by that section by resting in a sleeper berth in 2 separate periods provided that

             (a)  neither of those periods of rest is less than 2 hours;

             (b)  the aggregate of the time spent resting in the sleeper berth immediately preceding and immediately following the on‑duty period is at least 8 hours in total; and

             (c)  the aggregate of the driving time immediately preceding and immediately following a sleeper berth rest period does not exceed 13 hours in total.

50/89 s6

Reduction of rest requirement

        7. (1) Notwithstanding section 5, the number of hours off duty that a commercial vehicle driver shall have immediately before beginning work may be reduced to not less than 4 consecutive hours once in a period of 7 consecutive days if the following conditions are met:

             (a)  the number of hours on duty in the immediately proceeding work period was not more than 15 hours; and

             (b)  the total number of hours off before commencing the next period of driving duty will not be less than 8 hours plus the number of hours by which the commercial vehicle driver's hours off duty was reduced.

             (2)  Notwithstanding subsection (1), where the director, or a person authorized in writing by the director, is of the opinion that a reduction in the number of hours off duty permitted by subsection (1) is jeopardizing or likely to jeopardize the safety or health of a commercial vehicle driver, the director may direct that section 5 be complied with or that the commercial vehicle driver have a specified number of hours off duty immediately before beginning to drive.

50/89 s7

Hours of service

        8. (1) Subject to sections 5, 9, 10, 11 and 12, a carrier shall not permit a commercial vehicle driver to drive and a commercial vehicle driver shall not drive

             (a)  more than 13 hours following at least 8 consecutive hours off duty;

             (b)  after being on duty 15 hours following at least 8 consecutive hours off duty;

             (c)  after completing 60 hours on duty during a period of 7 consecutive days;

             (d)  after completing 70 hours on duty during a period of 8 consecutive days; or

             (e)  after completing 120 hours on duty during a period of 14 consecutive days.

             (2)  A commercial vehicle driver shall have a minimum of 24 consecutive hours of off‑duty time during the period referred to in paragraph (1)(e).

             (3)  A person who contravenes the provisions of subsection (1) or (2) is guilty of an offence and on summary conviction is liable

             (a)  where a single violation is identified in one inspection, to a fine of not less than $25 nor more than $100;

             (b)  where 2 separate violations are identified in one inspection, to a fine of not less than $50 nor more than $200;

             (c)  where 3 or more separate violations are identified in one inspection, to a fine of not less than $75 nor more than $300.

50/89 s8; 192/89 s3; 102/92 s1

60th parallel

        9. A commercial vehicle driver who on a particular trip drives a commercial vehicle north of the 60th parallel of latitude in Canada shall not drive or be permitted to drive

             (a)  more than 15 hours following 8 consecutive hours off duty;

             (b)  after being on duty for 20 hours following 8 consecutive hours off duty;

             (c)  after being on duty for 70 hours in a period of 7 consecutive days; or

             (d)  after being on duty for 80 hours in a period of 8 consecutive days.

50/89 s9

Permit extension

     10. (1) The director or person authorized in writing by the director may upon application in writing by a carrier extend by permit any provisions contained in section 8 for a period of not more than one year.

             (2)  In considering an application made under subsection (1), the director or person authorized in writing by the director may consider any factors considered relevant with respect to need and may impose conditions to the permit necessary in the opinion of the director or person authorized in writing by the director to ensure that the issuance of the permit is unlikely to jeopardize the safety or health of a person.

             (3)  The director may, for cause, suspend a permit issued under this section.

50/89 s10

Out of service declaration

     11. (1) Where a commercial vehicle driver exceeds the maximum driving times permitted by these regulations, an inspector may declare the commercial vehicle driver to be out of service and where that declaration is made shall notify the commercial vehicle driver of the declaration.

             (2)  Where a commercial vehicle driver is declared out of service under subsection (1), the commercial vehicle driver is out of service for a period equal to

             (a)  8 hours where the commercial vehicle driver exceeded the driving times and on‑duty times set out in paragraphs 8(1)(a) and (b) or paragraphs 9(a) and (b) and where paragraph 8(1)(c), (d) or (e) or paragraph 9(c) or (d) did not apply;

             (b)  24 hours where the commercial vehicle driver has not complied with subsection 8(2) and the commercial vehicle driver's on‑duty time in the period immediately before the declaration of out of service did not exceed 120 hours; or

             (c)  the numbers of hours until the commercial vehicle driver meets the requirements of paragraph 8(1)(c), (d) or (e) or paragraph 9(c) or (d) in respect of a period set out in that subsection.

             (3)  A person who contravenes subsection (2) is guilty of an offence and on summary conviction is liable to a fine of not less than $1,000 nor more than $3,000.

             (4)  During any period a commercial vehicle driver is out of service, a motor carrier shall not request, require or permit a commercial vehicle driver who has been declared to be out of service to drive or operate a commercial motor vehicle and no commercial vehicle driver who has been declared to be out of service shall drive or operate a commercial motor vehicle.

192/89 s4; 102/92 s2

Operation prohibited

     12. A commercial vehicle driver shall not operate a commercial vehicle and a carrier shall not permit a commercial vehicle driver to operate a commercial vehicle while the driver's ability or alertness is impaired due to fatigue or illness to such a degree that it is unsafe for the driver to begin or continue to operate the commercial vehicle.

50/89 s12

Exceptional circumstances

     13. (1) A driver of a commercial vehicle may, in the case of an emergency, exceed the driving time and total hours on duty prescribed by section 8 in order to complete the trip or to reach a place offering safety for vehicle occupants and security for the vehicle and its cargo.

             (2)  A driver of a commercial vehicle may, in the case of unexpected adverse road or driving conditions, exceed the driving time and total hours on duty by not more than 2 additional hours only if the normal trip could be completed within the driving time permitted by these regulations.

50/89 s13

Powers of director

     14. Where a power is conferred by these regulations upon an inspector, the power may be exercised by the director.

50/89 s14

Daily log requirements

     15. (1) Every commercial vehicle driver shall each day make a daily log in duplicate and every carrier shall ensure that each commercial vehicle driver employed by the carrier each day makes a daily log in duplicate.

             (2)  The following must be included on the daily log:

             (a)  date;

             (b)  driver's name;

             (c)  odometer reading at the commencement of driving;

             (d)  total distance driven;

             (e)  truck, bus or tractor licence plate(s) or unit number;

              (f)  trailer licence plate or unit number(s);

             (g)  name of carrier(s);

             (h)  driver's signature;

              (i)  name of co‑driver;

              (j)  24 hour period starting time, if different than 12:00 midnight;

             (k)  main office address for each carrier; and

              (l)  total hours in each duty status.

             (3)  The information as detailed in subsection (2), with the exception of paragraphs (d) and (l), shall be entered in the daily log when the commercial vehicle driver commences work.

             (4)  A graph grid as prescribed by the minister shall be incorporated into each commercial vehicle driver's daily log.

             (5)  During the current trip where a driver has been issued fuel receipts, bills of lading, shipping documents and accommodation receipts, the driver shall retain those documents and produce them on the demand of an inspector.

             (6)  During the current trip where a driver has left the province or entered the province by means of a ferry, the driver shall retain the ferry ticket and produce it on the demand of an inspector.

             (7)  Every commercial vehicle driver shall maintain his or her daily log in a timely fashion and the log shall be updated to the last stopping point or, if no stop was made, within the last 4 hours of the current trip.

             (8)  A person who contravenes subsection (1) is guilty of an offence and on summary conviction is liable to a penalty of not less than $125 nor more than $1,000.

             (9)  A person who contravenes subsections (2) through (7) is guilty of an offence and on summary conviction is liable to a penalty of not less than $25 nor more than $100.

           (10)  For purposes of determining compliance with these regulations either the original copy of a daily log or the duplicate copy or a copy produced under section 16 shall be considered to be, in the absence of evidence to the contrary, proof of the hours of service of a driver.

           (11)  Notwithstanding subsection (10), where sufficient evidence is produced to prove that a record of the hours of service is not accurate, the record may not be used as a defence to a charge under these regulations.

50/89 s15; 102/92 s3

On‑board device

     16. A commercial vehicle driver may use an automatic on‑board recording device for recording the hours of service provided that

             (a)  the commercial vehicle driver possesses true copies of the driver's daily logs for the previous 7 consecutive days or, if operating in compliance with paragraph 8(1)(d), copies of the driver's daily logs for the previous 8 consecutive days or, if operating in compliance with paragraph 8(1)(e), copies of the driver's daily logs for the previous 14 consecutive days, these logs may consist of information stored in and retrievable from the automatic on‑board recording device, handwritten or computer generated logs, or a combination of them;

             (b)  the device is capable of displaying

                      (i)  hours of driving and hours on duty for each day the device is being used,

                     (ii)  available on‑duty hours remaining in the 7 day cycle or if operating in compliance with paragraph 8(1)(g), the available on‑duty hours remaining in the 8 day cycle or if operating in compliance with paragraph 8(1)(e), copies available on duty hours remaining in the 14 day cycle, and

                    (iii)  the sequential changes in duty status and the times the changes occurred for each day the device is being used;

             (c)  the driver is capable of preparing a handwritten daily log on the prescribed form from the information stored in the device for each day the device is being used;

             (d)  the system automatically records and indicates whenever the device has been disconnected;

             (e)  the device automatically records time and movement for the vehicle;

              (f)  not later than December 31, 1989, newly installed devices must warn the driver visually and/or audibly that the device has ceased to function and devices installed and operational as of December 31, 1989 are exempt from this requirement;

             (g)  all hard copies of the daily logs must be signed by the driver certifying that the information is true and correct;

             (h)  the carrier and commercial vehicle driver shall have daily log forms available in the commercial vehicle for the driver's use in preparing daily logs;

              (i)  support systems used in conjunction with on‑board recording devices at a driver's home terminal or the carrier's principal place of business must be capable of reporting on‑board system sensor failures and identifying edited data when reproduced in printed form;

              (j)  the driver notes any failure of the automatic on‑board recording device and reconstructs the driver's record of duty status for the current day and the previous 7, 8 or 14 days less any days for which the driver already has a signed hard copy of the daily log and the driver shall continue to prepare handwritten records until the device is operational.

50/89 s16

Daily log

     17. (1) A carrier shall not operate or permit a commercial vehicle driver to operate a commercial vehicle and a commercial vehicle driver shall not operate a commercial vehicle unless the commercial vehicle driver possesses

             (a)  copies of the driver's daily logs for the preceding 7 consecutive days or if operating in the compliance with paragraph 8(1)(d) copies of the driver's daily logs for the preceding 8 consecutive days or if operating in compliance with paragraph 8(1)(e), copies of the driver's daily logs for the preceding 14 consecutive days; and

             (b)  the daily log completed to the time for which the last change in duty status occurred.

             (2)  Every commercial vehicle driver shall, upon request by an inspector, produce immediately the daily logs required by sections 15 and 17 and/or information stored on the automatic on‑board recording device and supporting documents.

             (3)  A person who contravenes the requirements of subsection (1) or (2) is guilty of an offence and on summary conviction is liable to a fine of not less than $25 nor more than $100.

50/89 s17; 102/92 s4

Exemption from requirement

     18. (1) A commercial vehicle driver shall be exempt from maintaining a daily log if the following conditions are met:

             (a)  the driver operates a commercial vehicle within a radius of 160 air kilometres of the home terminal;

             (b)  the driver returns to the home terminal and is released from work within 15 hours; and

             (c)  the carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing the time the driver reports for work and the time the driver is released from work each day.

             (2)  Every commercial vehicle driver who is normally exempt from making a daily log shall, when operating a commercial vehicle and required to make a daily log, enter in the driver's log book the total hours on duty for the 7 consecutive days preceding the day on which the driver is required to make a daily log.

50/89 s18

Log offences

     19. (1) A commercial vehicle driver shall not make more than one daily log for each calendar day and a carrier or commercial vehicle driver shall not falsify or permit to be falsified a daily log or data captured by an automatic on‑board recording device as applicable.

             (2)  A person who contravenes subsection (1) is guilty of an offence and on summary conviction is liable to a fine of not less than $500 nor more than $2,000.

50/89 s19; 102/92 s5

Daily log management

     20. Every commercial vehicle driver shall, where the driver's services are utilized by more than one carrier during a calendar day, forward as soon as is reasonably practicable to each of the carriers for whom the driver worked that day a copy of the driver's daily log.

50/89 s20

Monthly log management

     21. Every commercial vehicle driver shall, within 30 days in which the driver works as a commercial vehicle driver, forward the original of each daily log for that week to the driver's home terminal or to the principal place of business of each carrier by whom the driver was employed.

50/89 s21

Log retention

     22. (1) Every carrier shall ensure that all daily logs and supporting documentation are kept for a period of not less than 6 months and are readily available for inspection upon request by an inspector.

             (2)  Daily logs kept under subsection (1) may be retained at the home terminal of the commercial vehicle driver who submitted them for not more than 30 days and shall then be forwarded for retention to the location where the carrier keeps the commercial vehicle driver's records or to a location approved in writing by the director or person authorized in writing by the director.

50/89 s22

Record availability

     23. (1) The director or an inspector may enter a carrier's terminal or commercial vehicle for the purpose of examining records which are required to be kept by these regulations as long as it is reasonably necessary to determine compliance with the Act or these regulations.

             (2)  All records, books or documents required to be kept by these regulations are at all times during business hours to be available for the inspection of the director or an inspector.

             (3)  Every person in possession of any records, books or documents required to be kept by subsection (2) shall give the director or an inspector all reasonable assistance to carry out their duties and functions under this section and shall furnish the information that either the director or the inspector may reasonably require.

50/89 s23

Seizure of documents

     24. (1) A peace officer or a person duly appointed under these regulations may, without warrant, seize documents or records required by these regulations and may use them as evidence and a peace officer or a person duly appointed shall provide a certificate in the form prescribed by the director.

             (2)  When a seizure is made under subsection (1), the peace officer or person duly appointed under these regulations shall within 14 days supply the person from whom the seizure was made or an employee of the company with a complete copy or return the seized documents.

50/89 s24

Offence

     25. 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.

102/92 s6

Repeal

      26. The Highway Traffic (Hours of Service) Regulations, Newfoundland Regulation 50/89, are repealed.