Canada’s Driver Hours of Service Rules

Canada’s driver hours of service rules have changed in recent years! The new rules, implemented in early 2007, were developed by Transport Canada through the Canadian Council of Motor Transport Administrators (CCMTA) with significant input from the truck and bus industry, unions and road safety advocates. The rules are based on
the most comprehensive fatigue management research ever undertaken and are designed to provide more opportunity for drivers to obtain rest. Here are some of the major provisions of the new rules that you should know.

Maximum Driving Time
No change. Drivers can drive for maximum of 13 hours per day.

Maximum Shift Length
The maximum number of “on-duty” hours per day is reduced from 15 hours to 14 hours. In addition, the new rules introduce a cap on the length of the driver’s work shift. The driver cannot drive after16 hours has elapsed from the time he/she went “on-duty” despite the num ber of “on-duty” hours that day. This will impact tours where
the driver has an early start, has some “off-duty” time during the day, and then is asked to do some work late in the evening. For example, a driver that starts work at 6:00 am cannot drive after 10 pm, regardless of the number of “on-duty” or “off-duty” hours that day.

Before driving again, the driver must take 8 consecutive hours “off-duty”.

Minimum daily “off-duty” time
Drivers must take at least 10 hours “off-duty” each day. At least 8 hours of the “off -duty” time are required before a driver can begin a new work shift. Note: no “short turns” allowed! The two other hours of “off-duty” time may be distributed throughout the day in blocks of time no less than 30 minutes each. A driver that is not able to
obtain 10 hours of “off-duty” time in one day may defer a maximum of 2 hours of the daily “off-duty” time to the following day provided the total “off -duty” time taken in the two days is at least 20 hours, and the deferred “off -duty” time is tacked onto the next 8 consecutive hour “off-duty” period.

Mandatory Day Off
Drivers must have at least one period of 24 consecutive hours “off-duty” every 15 days, regardless of the amount of “on-duty” time accumulated. This applies even if the driver doesn’t reach an “on-duty” cycle limit.

Weekly or Bi-weekly (Cycle) Limits
Drivers are limited to 70 hours of “on -duty” time in 7 days, or 120 hours “on-duty” time in a 14 day period. Drivers on the 70 hour cycle must take 36 consecutive hours “off-duty” once they reach the 70th hour. This is called a cycle re-set. Drivers on the 120 hour cycle must take a minimum of 72 hours “off-duty” once they reach 120 hours in a 14-day period. In addition, drivers using the 120 hour cycle must take 24 consecutive hours “off-duty” prior to the 70th hour of the cycle.

Client culpability
Under the new rules, it will be an offence for any person or organization to request, require or allow a driver to drive who is not in compliance with the hours of service regulations. This includes Tour Operators and Tour Chaperones who could be prosecuted and fined for driver hours of service violations. (Under the old rules, only the
driver and the carrier could be charged).

Driver Regulations – Daily Driving and On-Duty Times

Reference 2005-11-16 Canada Gazette Part II, Vol. 139, No. 23
SOR/2005-313 October 25, 2005
MOTOR VEHICLE TRANSPORT ACT
Commercial Vehicle Drivers Hours of Service Regulations

Daily Driving and On-duty Time

12. (1) No motor carrier shall request, require or allow a driver to drive and no driver shall drive after the driver has accumulated 13 hours of driving time in a day.

(2) No motor carrier shall request, require or allow a driver to drive and no driver shall drive after the driver has accumulated 14 hours of on-duty time in a day.

Mandatory Off-duty Time

13. (1) No motor carrier shall request, require or allow a driver to drive and no driver shall drive after the driver has accumulated 13 hours of driving time unless the driver takes at least 8 consecutive hours of off-duty time before driving again.

(2) No motor carrier shall request, require or allow a driver to drive and no driver shall drive after the driver has accumulated 14 hours of on-duty time unless the driver takes at least 8 consecutive hours of off-duty time before driving again.

(3) No motor carrier shall request, require or allow a driver to drive and no driver shall drive after 16 hours of time have elapsed between the conclusion of the most recent period of 8 or more consecutive hours of off-duty time and the beginning of the next period of 8 or more  consecutive hours of off-duty time.