GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Commercial Vehicle Drivers Hours of Service Regulations — Commercial Vehicle Drivers Hours of Service Regulations
Act means the Motor Vehicle Transport Act . ( Loi )
Commercial Vehicle Drivers Hours of Service Regulations — Commercial Vehicle Drivers Hours of Service Regulations
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. ( mauvaises conditions de circulation )
Commercial Vehicle Drivers Hours of Service Regulations — Commercial Vehicle Drivers Hours of Service Regulations
co-driver means a person who is present in a commercial vehicle because of having been, or being about to be, its driver. ( coconducteur )
Commercial Vehicle Drivers Hours of Service Regulations — (a)
commercial vehicle means a vehicle that (a) is operated by a motor carrier and propelled otherwise than by muscular power; and (b) is a truck, tractor, trailer or any combination of them that has a registered gross vehicle weight in excess of 4 500 kg or a bus that is designed and constructed to have a designated seating capacity of more than 10 persons, including the driver. ( véhicule utilitaire )
Commercial Vehicle Drivers Hours of Service Regulations — (a)
cycle means (a) cycle 1, under which on-duty time is accumulated over a period of 7 days; and (b) cycle 2, under which on-duty time is accumulated over a period of 14 days. ( cycle )
Commercial Vehicle Drivers Hours of Service Regulations — Commercial Vehicle Drivers Hours of Service Regulations
daily log [Repealed, SOR/2019-165, s. 1]
Commercial Vehicle Drivers Hours of Service Regulations — Commercial Vehicle Drivers Hours of Service Regulations
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. ( jour ou journée )
Commercial Vehicle Drivers Hours of Service Regulations — Commercial Vehicle Drivers Hours of Service Regulations
director means a federal director or a provincial director. ( directeur )
Commercial Vehicle Drivers Hours of Service Regulations — (a)
driver (a) means a person who drives a commercial vehicle; (b) means, in respect of a motor carrier, a person employed or otherwise engaged by the motor carrier to drive a commercial vehicle, including a self-employed driver; and (c) for the purposes of section 98, includes a co-driver. ( conducteur )
Commercial Vehicle Drivers Hours of Service Regulations — (a)
duty status means any of the following periods: (a) off-duty time, other than time spent in a sleeper berth; (b) off-duty time spent in a sleeper berth; (c) driving time; or (d) on-duty time, other than driving time. ( activité )
Commercial Vehicle Drivers Hours of Service Regulations — Commercial Vehicle Drivers Hours of Service Regulations
electronic logging device or ELD means a device or technology that automatically records a driver’s driving time and facilitates the recording of the driver’s record of duty status, and that is certified by an accredited certification body under section 79.1. ( dispositif de consignation électronique ou DCE )
Commercial Vehicle Drivers Hours of Service Regulations — Commercial Vehicle Drivers Hours of Service Regulations
electronic recording device [Repealed, SOR/2019-165, s. 1]
Commercial Vehicle Drivers Hours of Service Regulations — Commercial Vehicle Drivers Hours of Service Regulations
emergency vehicle means a fire-fighting vehicle, ambulance, police vehicle or other vehicle that is used for emergency purposes. ( véhicule de secours )
Commercial Vehicle Drivers Hours of Service Regulations — Commercial Vehicle Drivers Hours of Service Regulations
federal director means the Chief of the Motor Carriers Division of the Department of Transport. ( directeur fédéral )
Commercial Vehicle Drivers Hours of Service Regulations — Commercial Vehicle Drivers Hours of Service Regulations
home terminal means the place of business of a motor carrier at which a driver ordinarily reports for work and, for the purposes of recording information related to the driver’s record of duty status, includes a temporary work site designated by the motor carrier. ( gare d’attache )
Commercial Vehicle Drivers Hours of Service Regulations — (a)
inspector means (a) a person designated under subsection 3(2); or (b) a peace officer within the meaning of section 2 of the Criminal Code. ( inspecteur )
Commercial Vehicle Drivers Hours of Service Regulations — Commercial Vehicle Drivers Hours of Service Regulations
motor carrier means a person who is engaged in the operation of an extra-provincial bus undertaking or an extra-provincial truck undertaking. ( transporteur routier )
Commercial Vehicle Drivers Hours of Service Regulations — Commercial Vehicle Drivers Hours of Service Regulations
off-duty time means any period other than on-duty time. ( heures de repos )
Commercial Vehicle Drivers Hours of Service Regulations — (a)
oil well service vehicle means a commercial vehicle that is (a) specially constructed, altered or equipped to accommodate a specific service requirement associated with the oil or natural gas industry; and (b) used exclusively in the oil or natural gas industry for transporting equipment or materials to and from oil or natural gas well facilities or for servicing and repairing those facilities. ( véhicule de service de puits de pétrole )
Commercial Vehicle Drivers Hours of Service Regulations — (a)
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 if the driver is waiting to be assigned to work, and that ends when the driver stops work or is relieved of responsibility by the motor carrier, and (a) includes driving time and time spent by the driver (i) inspecting, servicing, repairing, conditioning, fuelling 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 before and while a commercial vehicle is serviced, loaded, unloaded or dispatched, (vi) waiting before and while a commercial vehicle or its load is inspected and the driver’s requirements are assessed, and, if relevant, the time spent taking the required remedial actions, (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 10, (B) time spent in a sleeper berth, (C) time spent in a stationary commercial vehicle to satisfy the requirements of subsection 14(3), and (D) time spent in a stationary commercial vehicle that is in addition to the off-duty requirements of subsection 14(3), (ix) performing any work for any motor carrier, and (x) performing yard moves of a commercial vehicle within a terminal, depot or port and that is not on a public road; and (b) does not include driving time for the driver’s personal use, if (i) the vehicle is not used in the course of the business of the motor carrier, (ii) the vehicle has been unloaded, (iii) any trailers have been unhitched, (iv) the distance travelled does not exceed 75 km in a day, (v) the driver had recorded in the record of duty status the odometer reading at the beginning and at the end of the personal use, and (vi) the driver is not the subject of an out-of-service declaration under section 91. ( heures de service )
Commercial Vehicle Drivers Hours of Service Regulations — Commercial Vehicle Drivers Hours of Service Regulations
out-of-service declaration means a declaration issued by a director or inspector under section 91. ( déclaration de mise hors service )
Commercial Vehicle Drivers Hours of Service Regulations — Commercial Vehicle Drivers Hours of Service Regulations
principal place of business means the place or places designated by the motor carrier where records of duty status and supporting documents are stored. ( établissement principal )
Commercial Vehicle Drivers Hours of Service Regulations — Commercial Vehicle Drivers Hours of Service Regulations
record of duty status means a record in which a driver records the information required under section 77 or 82, as the case may be, for each day. ( rapport d’activités )
Commercial Vehicle Drivers Hours of Service Regulations — Commercial Vehicle Drivers Hours of Service Regulations
sleeper berth [Repealed, SOR/2019-165, s. 1]
Commercial Vehicle Drivers Hours of Service Regulations — (a)
supporting document means any one of the following documents or information received or prepared by a driver in the course of their duties or received or prepared by the motor carrier: (a) any electronic mobile communication record reflecting communications between a driver and a motor carrier transmitted through a driver call-in or fleet management system; (b) any payroll record, settlement sheet or equivalent document that indicates payments to the driver; (c) any government-issued document indicating the location of the commercial vehicle; (d) any reports, receipts, records or other documentation relating to the load of the commercial vehicle, including any bill of lading, itinerary, schedule or equivalent document that indicates the origin and destination of each trip; (e) any reports, receipts, records or other documentation relating to the servicing, repairing, conditioning, fuelling, inspection or rental of the commercial vehicle; and (f) any reports, dispatch or trip records, receipts, or other documentation indicating the date, time, or location of the commercial vehicle during a trip, including arrival and departure times. ( document justificatif )
Commercial Vehicle Drivers Hours of Service Regulations — Commercial Vehicle Drivers Hours of Service Regulations
Technical Standard means the Technical Standard for Electronic Logging Devices , April 11, 2019, published by the Canadian Council of Motor Transport Administrators, as amended from time to time, other than provision 4.5.1.11(b)(9) of that standard. ( norme technique )
Commercial Vehicle Drivers Hours of Service Regulations — 1.1
1.1 (1) For the purposes of these Regulations, every reference to “HOS Regulations” in the Technical Standard shall be read as a reference to these Regulations. (2) [Repealed, SOR/2020-240, s. 1] (3) [Repealed, SOR/2020-240, s. 1] (4) [Repealed, SOR/2020-240, s. 1] SOR/2019-165, s. 2 SOR/2020-240, s. 1
Commercial Vehicle Drivers Hours of Service Regulations — 2
2 (1) These Regulations apply to all commercial vehicles other than the following: (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; and (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) [Repealed, SOR/2009-157, s. 1] (e) [Repealed, SOR/2019-165, s. 3] (2) [Repealed, SOR/2019-165, s. 3] SOR/2009-157, s. 1 SOR/2019-165, s. 3
Commercial Vehicle Drivers Hours of Service Regulations — 3
3 (1) The minister responsible for highway safety in a province 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 purposes of these Regulations.
Commercial Vehicle Drivers Hours of Service Regulations — 4
4 No motor carrier, shipper, consignee or other person shall request, require or allow a driver to drive and no driver shall drive if (a) [Repealed, SOR/2019-165, s. 4] (b) driving would 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. SOR/2019-165, s. 4
Commercial Vehicle Drivers Hours of Service Regulations — 10
10 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, by any mode of transportation, 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. SOR/2020-240, s. 2
Commercial Vehicle Drivers Hours of Service Regulations — 11
11 Sections 12 to 29 apply in respect of driving south of latitude 60°N.
Commercial Vehicle Drivers Hours of Service Regulations — 12
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.
Commercial Vehicle Drivers Hours of Service Regulations — 13
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.
Commercial Vehicle Drivers Hours of Service Regulations — 14
14 (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 13.
Commercial Vehicle Drivers Hours of Service Regulations — 16
16 Despite sections 12 and 14, a driver who is not splitting off-duty time in accordance with section 18 or 19 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 record of duty status 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. SOR/2019-165, s. 5
Commercial Vehicle Drivers Hours of Service Regulations — 17
17 Despite sections 13 and 14, 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 km from the point of disembarkation from the ferry combine to total a minimum of 8 hours; (b) the hours are recorded in the record of duty status 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 record of duty status entries. SOR/2019-165, s. 44
Commercial Vehicle Drivers Hours of Service Regulations — 18
18 (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 13 and 14 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; (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 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 16 th 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 14 th hour. (2) The 16 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 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) [Repealed, SOR/2019-165, s. 6] SOR/2019-165, s. 6
Commercial Vehicle Drivers Hours of Service Regulations — 19
19 (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 13 and 14 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 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 16 th 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 14 th hour. (2) The 16 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. 7] SOR/2019-165, s. 7
Commercial Vehicle Drivers Hours of Service Regulations — 24
24 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 — 25
25 Subject to section 28, 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 — 26
26 Subject to section 28, 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 70 hours of on-duty time during any period of 7 days. SOR/2019-165, s. 8
Commercial Vehicle Drivers Hours of Service Regulations — 27
27 Subject to section 28, 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 during any period of 14 days; or (b) 70 hours of on-duty time without having taken at least 24 consecutive hours of off-duty time. SOR/2019-165, s. 9
Commercial Vehicle Drivers Hours of Service Regulations — 28
28 (1) 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.
Commercial Vehicle Drivers Hours of Service Regulations — 29
29 (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 — 37
37 Sections 39 to 54 apply in respect of driving north of latitude 60°N. SOR/2019-165, s. 10
Commercial Vehicle Drivers Hours of Service Regulations — 39
39 (1) No motor carrier shall request, require or allow a driver to drive and no driver shall 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) No motor carrier shall request, require or allow a driver to drive and no driver shall 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.