GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Commercial Vehicle Drivers Hours of Service Regulations — 41
41 (1) A driver who is driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off-duty time requirements of section 39 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; (c.1) the sleeper berth meets the requirements of Schedule 1; (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 18 th hour after the driver comes on duty, calculated in accordance with subsection (2); and (f) none of the daily off-duty time is deferred to the next day. (2) The 18 th 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 (3) [Repealed, SOR/2019-165, s. 12] SOR/2019-165, s. 12
Commercial Vehicle Drivers Hours of Service Regulations — 42
42 (1) A team of drivers driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off-duty time requirements of section 39 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 off-duty time is spent resting in the sleeper berth; (c) the sleeper berth meets the requirements of Schedule 1; (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 18 th hour after the driver comes on duty, calculated in accordance with subsection (2); and (f) none of the off-duty time is deferred to the next day. (2) The 18 th 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) [Repealed, SOR/2019-165, s. 13] SOR/2019-165, s. 13
Commercial Vehicle Drivers Hours of Service Regulations — 49
49 A motor carrier shall require that a driver follows and the driver shall follow either cycle 1 or cycle 2.
Commercial Vehicle Drivers Hours of Service Regulations — 50
50 Subject to section 53, no motor carrier shall request, require or allow a driver to drive and no driver shall drive unless the driver has taken at least 24 consecutive hours of off-duty time in the preceding 14 days.
Commercial Vehicle Drivers Hours of Service Regulations — 51
51 Subject to section 53, no motor carrier shall request, require or allow a driver who is following cycle 1 to drive and no driver who is following cycle 1 shall drive after the driver has accumulated 80 hours of on-duty time during any period of 7 days.
Commercial Vehicle Drivers Hours of Service Regulations — 52
52 Subject to section 53, no motor carrier shall request, require or allow a driver who is following cycle 2 to drive and no driver who is following cycle 2 shall drive after the driver has accumulated (a) 120 hours of on-duty time in any period of 14 days; or (b) 80 hours of on-duty time, without having taken at least 24 consecutive hours of off-duty time.
Commercial Vehicle Drivers Hours of Service Regulations — 53
53 (1) A driver may end the current cycle and begin a new cycle if they first take the following off-duty time: (a) for cycle 1, at least 36 consecutive hours; or (b) for cycle 2, at least 72 consecutive hours. (2) After taking the off-duty time, the driver begins a new cycle, the accumulated hours are set back to zero and the driver’s hours begin to accumulate again.
Commercial Vehicle Drivers Hours of Service Regulations — 54
54 (1) No motor carrier shall request, require or allow a driver to switch and no driver shall switch from one cycle to the other without first taking the following off-duty time before beginning to drive again: (a) to switch from cycle 1 to cycle 2, at least 36 consecutive hours; or (b) to switch from cycle 2 to cycle 1, at least 72 consecutive hours. (2) After taking the off-duty time, the driver begins the other cycle, the accumulated hours are set back to zero and the driver’s hours begin to accumulate again.
Commercial Vehicle Drivers Hours of Service Regulations — 61
61 (1) The 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 unlikely to be jeopardized. (2) Sections 12 to 54 and 76 to 99 do not apply in respect of special permits. (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. SOR/2019-165, s. 14
Commercial Vehicle Drivers Hours of Service Regulations — 62
62 (1) A provincial director may issue a permit to a motor carrier in respect of a commercial vehicle other than an oil well service vehicle if (a) the safety and health of the public, the driver or the employees of the motor carrier are 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 14(3) if the commercial vehicle is driven south of latitude 60°N; and (b) an increase in driving time and on-duty time of up to a total of 2 hours. SOR/2019-165, s. 15
Commercial Vehicle Drivers Hours of Service Regulations — 63
63 (1) A provincial director may issue a permit to a motor carrier in respect of an oil well service vehicle if (a) the driver has 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 unlikely to be jeopardized. (2) Sections 24 to 29 and 49 to 54 do not apply in respect of an oil well service vehicle permit, but instead the permit shall require that the driver take (a) at least 3 periods of off-duty time, each at least 24 hours long, in any period of 24 days, the periods being taken consecutively or separated by on-duty time; and (b) at least 72 consecutive hours of off-duty time after ending driving under the provisions of the permit and beginning driving under those sections. (3) When the driver begins to drive again under sections 24 to 29 or 49 to 54, they begin to accumulate hours in the cycle. (4) Waiting time and standby time at an oil or natural gas well site or ancillary facility shall not be included as on-duty time if (a) the driver performs no work during the time; (b) the time is fully and accurately recorded in the record of duty status as off-duty time and denoted as waiting or standby time; 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. SOR/2019-165, s. 16
Commercial Vehicle Drivers Hours of Service Regulations — 64
64 (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 drive a commercial vehicle for the motor carrier; (c) the driver licence numbers of the drivers and the provinces of issuance; (d) the 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; and (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. (m) [Repealed, SOR/2019-165, s. 17] (2) If requested by the director to do so, the motor carrier shall make available to the director the records of duty status, supporting documents or records of on-duty times, for the 6 months before the date of the application, of every driver who will drive a commercial vehicle of the motor carrier under the permit. SOR/2019-165, s. 17 SOR/2019-165, s. 44
Commercial Vehicle Drivers Hours of Service Regulations — 64.1
64.1 The director may, at any time after the application has been made, require an applicant to provide additional information in order for the director to evaluate whether the granting of a permit would be likely to jeopardize the safety or health of the public, the driver or the employees of the motor carrier. SOR/2019-165, s. 18
Commercial Vehicle Drivers Hours of Service Regulations — 65
65 (1) Before issuing a permit, a director shall obtain the written approval of the provincial directors of the provinces in which the commercial vehicle will be driven under the permit. (2) A provincial director from whom approval is sought shall (a) respond to the request for approval within 30 days after receiving it; and (b) give their approval if they have no reason to believe that the safety or health of the public, the driver or the employees of the motor carrier would be likely to be jeopardized by the granting of the permit. SOR/2019-165, s. 19
Commercial Vehicle Drivers Hours of Service Regulations — 66
66 A director who issues a permit shall specify in the permit (a) the reasons for issuing it; (b) its duration, which shall not exceed one year; (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; and (d) the provinces in respect of which the permit is to apply. SOR/2019-165, s. 20
Commercial Vehicle Drivers Hours of Service Regulations — 67
67 (1) A motor carrier to whom a permit is issued shall (a) provide the director with a list of the commercial vehicles that will be operated under the permit before undertaking any activity under the permit; (a.1) ensure that a copy of the permit is placed in each commercial vehicle in respect of which it applies; (b) keep the director informed of any changes to the list of the commercial vehicles that will be operated under the permit; (c) make available for inspection by the director, on request, the records of duty status 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) [Repealed, SOR/2019-165, s. 21] SOR/2019-165, s. 21
Commercial Vehicle Drivers Hours of Service Regulations — 68
68 (1) A director who issues a permit may amend, cancel or suspend it, and a director who approves a permit issued by another director may withdraw the approval, on written notification to the motor carrier, if (a) the motor carrier or the driver contravenes these Regulations or any term or 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 likely to be jeopardized. (2) [Repealed, SOR/2019-165, s. 22] (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. SOR/2019-165, s. 22
Commercial Vehicle Drivers Hours of Service Regulations — 76
76 (1) The requirements of these Regulations in respect of driving time, on-duty time and off-duty time do not apply to a driver who, in an emergency, requires more driving time to reach a destination that provides safety for the occupants of the commercial vehicle and for other users of the road or the security of the commercial vehicle and its load. (2) A driver who encounters adverse driving conditions while driving the vehicle during a trip south of latitude 60°N may extend the permitted 13 hours of driving time specified in sections 12 and 13 and reduce the 2 hours of daily off-duty time required by subsection 14(3) by the amount of time needed to complete the trip if (a) the driving, on-duty and elapsed time in the cycle the driver followed 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 driving the vehicle during a trip north of latitude 60°N may extend the permitted 15 hours of driving time specified in section 39 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 record of duty status. SOR/2019-165, s. 23
Commercial Vehicle Drivers Hours of Service Regulations — 77
r the data with respect to the driver’s hours of service to an inspector; (c) an instruction sheet for the driver describing the measures to take in the event that the ELD malfunctions; and (d) a sufficient number of records of duty status to allow the driver to record the information required under section 82 for at least 15 days. (8) The motor carrier shall ensure that the driver records the information related to their record of duty status and the driver is required to record that information in a complete and accurate manner. SOR/2019-165, s. 24
Commercial Vehicle Drivers Hours of Service Regulations — 78
78 (1) A motor carrier shall ensure that any ELD that is installed or used in a commercial vehicle that it operates is in good working order and is calibrated and maintained in accordance with the manufacturer’s or seller’s specifications. (2) If a driver of a commercial vehicle becomes aware of the fact that the ELD is displaying a malfunction or data diagnostic code set out in Table 4 of Schedule 2 of the Technical Standard, the driver shall notify the motor carrier that is operating the commercial vehicle as soon as the vehicle is parked. (3) The driver shall record, in the record of duty status on the day on which he or she noticed the malfunction or data diagnostic code, the following information: (a) the malfunction or data diagnostic code as set out in Table 4 of Schedule 2 of the Technical Standard; (b) the date and time when the malfunction or data diagnostic code was noticed; and (c) the time when notification of the malfunction or data diagnostic code was transmitted to the motor carrier. (4) The driver shall record the code referred to in paragraph (3)(a) in each record of duty status following the day on which the code was noticed, until the ELD is repaired or replaced. (5) A motor carrier shall, within 14 days after the day on which it was notified of an ELD malfunction or data diagnostic code by the driver or otherwise became aware of it, or at the latest, upon return of the driver to the home terminal from a planned trip if that return exceeds the 14-day period, repair or replace the ELD. (6) The motor carrier shall maintain a register of ELD malfunction or data diagnostic codes for ELDs installed or used in commercial vehicles that it operates for which a malfunction was noticed, and that register shall contain the following information: (a) the name of the driver who noticed the malfunction or data diagnostic code; (b) the name of each driver that used the commercial vehicle following the discovery of the malfunction or data diagnostic code until the ELD was repaired or replaced; (c) the make, model and serial number of the ELD; (d) the licence plate of the commercial vehicle in which the ELD is installed or used, or the Vehicle Identification Number; (e) the date when the malfunction or data diagnostic code was noticed and the location of the commercial vehicle on that date, as well as the date when the motor carrier was notified or otherwise became aware of the code; (f) the date the ELD was replaced or repaired; and (g) a concise description of the actions taken by the motor carrier to repair or replace the ELD. (7) The motor carrier shall retain the information set out in subsection (6) for each ELD for which a malfunction was noticed for a period of 6 months from the day on which the ELD is replaced or repaired. SOR/2019-165, s. 24
Commercial Vehicle Drivers Hours of Service Regulations — 78.1
78.1 A motor carrier shall create and maintain a system of accounts for ELDs that is in compliance with the Technical Standard and that (a) allows each driver to record their record of duty status in a distinct and personal account; and (b) provides for a distinct account for the driving time of an unidentified driver. SOR/2019-165, s. 24
Commercial Vehicle Drivers Hours of Service Regulations — 78.2
78.2 A driver shall, immediately after recording the last entry for a day, certify the accuracy of their record of duty status. SOR/2019-165, s. 24
Commercial Vehicle Drivers Hours of Service Regulations — 78.3
78.3 (1) A motor carrier shall verify the accuracy of the certified records of duty status that are forwarded by the driver according to the supporting documents provided and shall require from the driver those changes necessary to ensure the accuracy of the records. (2) The driver shall either accept or reject the changes required by the motor carrier, make the necessary changes and recertify the accuracy of their record of duty status and forward the amended records of duty status to the motor carrier. SOR/2019-165, s. 24
Commercial Vehicle Drivers Hours of Service Regulations — 79
79 Any person or body that wishes to be accredited as a certification body for the purpose of certifying an ELD model as meeting the requirements set out in the Technical Standard and these Regulations must apply for the accreditation, in writing, to the Minister and must undergo an assessment to verify (a) their compliance with the International Organization for Standardization standard ISO/IEC 17065, entitled Conformity assessment — Requirements for bodies certifying products, processes and services , as amended from time to time; (b) their knowledge with respect to the certification of ELDs in accordance with the Technical Standard; and (c) the validity of their testing methodology and the validity of the results of that methodology. SOR/2019-165, s. 25 SOR/2020-240, s. 3
Commercial Vehicle Drivers Hours of Service Regulations — 79.1
79.1 (1) If the Minister is satisfied that the applicant meets the requirements of paragraphs 79(a) to (c), he or she must accredit the applicant, provide them with an accreditation number and notify them in writing of the period of validity referred to in subsection (2). (2) The accreditation of a certification body is valid for five years beginning on the day on which the Minister accredits the applicant. SOR/2019-165, s. 25
Commercial Vehicle Drivers Hours of Service Regulations — 79.2
79.2 (1) An accredited certification body must assign a certification number to every ELD model that meets the requirements set out in the Technical Standard and these Regulations. (2) An accredited certification body must, within seven days after certifying an ELD model, provide the Minister with the following information about that ELD model: (a) the model name; (b) the model number; (c) the model’s software version; (d) the name of the model manufacturer; (e) the email address of the contact person for the model manufacturer; and (f) the certification number that was assigned to the model. SOR/2019-165, s. 25
Commercial Vehicle Drivers Hours of Service Regulations — 79.3
79.3 (1) Subject to subsection (2), the Minister must suspend the accreditation of a certification body if it does not meet any of the requirements of paragraphs 79(a) to (c) or of section 79.2. (2) The Minister must not suspend an accreditation unless the certification body (a) was provided with a written report that sets out the grounds for the suspension and the period within which remedial actions must be taken in order to avoid the suspension; and (b) has failed to take corrective actions within that period or, if the Minister granted an extension at the written request of the certification body, within any later period specified by the Minister. (3) The Minister may grant an extension of the period in which corrective actions must be taken only once. (4) The Minister must notify the certification body in writing of the suspension and the date on which it takes effect. (5) The certification body must provide the Minister, within 15 days after the day on which the suspension takes effect, with a list of pending applications for certification. (6) The suspension of an accreditation must be lifted if the Minister determines that corrective actions have been taken. SOR/2019-165, s. 25