Canadian H.O.S.

                                                                      Canadian Hours of Service                                  

                                                               
                                                                    Referenced from: Ontario Highway Traffic Act 
                                                                          ONTARIO REGULATION 555/06



Definitions
1.  In this Regulation,
“co-driver” means a person who shares the driving of a commercial motor vehicle with another driver and who rides in the vehicle as a passenger when not driving;
“daily log” means the daily log required to be kept by section 17;
“day”, for any driver, means a 24-hour period that starts at midnight or at such other hour designated by the operator for the driver;
“home terminal” for any driver, means the location at which the driver ordinarily reports for work, including an operator’s place of business;
“inspector” means a police officer or officer appointed for the purpose of carrying out the provisions of the Act;
“principal place of business”, for an operator, means the last known address of the operator appearing on the records of the Ministry;
“supporting document” means a document or information, recorded and stored by any means, that could be used to determine compliance with this Regulation. O. Reg. 555/06, s. 1.

Duty status time

2.  (1)  There are four categories of duty status time for the purpose of this Regulation:
1. Off-duty time, other than time spent in a sleeper berth.
2. Off-duty time spent in a sleeper berth.
3. On-duty time spent driving.
4. On-duty time, other than time spent driving. O. Reg. 555/06, s. 2 (1).

On Duty Status

(2)  A driver is on duty when he or she drives a commercial motor vehicle for an operator or performs any other work for an operator, including time spent,
(a) inspecting, servicing, repairing, cleaning and warming up a commercial motor vehicle;
(b) travelling in a commercial motor vehicle as a co-driver, when the time is not spent in the sleeper berth;
(c) participating in the loading and unloading of a commercial motor vehicle;
(d) inspecting and checking the load of a commercial motor vehicle;
(e) waiting for a commercial motor vehicle to be serviced, loaded, unloaded and dispatched;
(f) waiting for a commercial motor vehicle or its load to be inspected; and
(g) waiting at an en-route point because of an accident or other unplanned occurrence or situation. O. Reg. 555/06, s. 2 (2).



(3)  A driver is off duty when he or she is not on duty. O. Reg. 555/06, s. 2 (3).

(4)  Despite subsection (2), a driver is off duty when he or she drives a commercial motor vehicle if,
(a) he or she is driving the vehicle for personal use that has no commercial purpose;
(b) the vehicle has been unloaded;
(c) any trailers have been unhitched;
(d) he or she does not drive the vehicle more than 75 kilometres in a day; and
(e) an entry is made in the “Remarks” section of the daily log or on the time record required by subsection 18 (3),
(i) stating that the driver used the vehicle for personal use, and
(ii) setting out the odometer readings at the start and the end of the personal use driving. O. Reg. 555/06, s. 2 (4).

(5)  Despite clause (2) (b), if a driver travels as a passenger to a location where he or she is to start driving a commercial motor vehicle and takes eight consecutive hours of off-duty time at the location before starting to drive, the time spent as a passenger getting to the location is counted as off-duty time. O. Reg. 555/06, s. 2 (5).



Designation of driver’s day
4.  (1)  The operator shall designate the hour at which the driver’s day starts if it does not start at midnight and shall notify the driver of the designation. O. Reg. 555/06, s. 4 (1).
(2)  The designation shall apply for the duration of the driver’s cycle. O. Reg. 555/06, s. 4 (2).
( Unless you have a Start Time on your log sheet, your day starts at midnight)


Daily driving time
5.  (1)  After a driver has accumulated 13 hours of driving time in a day, the driver shall not drive again on the same day. O. Reg. 555/06, s. 5 (1).

(2)  After a driver has accumulated 14 hours of on-duty time in a day, the driver shall not drive again on the same day. O. Reg. 555/06, s. 5 (2).


Daily off-duty time
6.  (1)  A driver shall take at least 10 hours of off-duty time in a day. O. Reg. 555/06, s. 6 (1).
(2)  Off-duty time under subsection (1) that is in addition to the mandatory eight consecutive hours of off-duty time required by section 9 may be distributed throughout the day in blocks of no less than 30 minutes each. O. Reg. 555/06, s. 6 (2).
(3)  The off-duty time referred to in subsection (2) shall be at least two hours and may be added to the mandatory eight consecutive hours of off-duty time but cannot form part of it. O. Reg. 555/06, s. 6 (3).
( You must have 8 consecutive hours off, and an additional 2 hours off, which can be consecutive or accumulative in periods of no less than 30 minutes each.)
See Splitting Off-duty Time (bunk) O. Reg. 555/06, s. 11 (1). for the exception.


Deferral of off-duty time

7.  A driver may split the off-duty time required by section 6 over any two consecutive days by deferring a maximum of two hours of the daily off-duty time from the first day to the second day and increasing the total of the driving and on-duty times in the first day by not more than two hours if,
 
(a) the deferred off-duty time does not form part of the mandatory period of eight consecutive hours of off-duty time required by section 9;
(b) before the end of the second day, the driver takes a consecutive period of off-duty time consisting of the eight consecutive hours required by section 9 plus the off-duty time deferred from the first day;
(c) the total off-duty time taken in the two days is at least 20 hours;
(d) the total driving time in the two days does not exceed 26 hours;
(e) the total on-duty time in the two days does not exceed 28 hours;
(f) the driver is not splitting off-duty time under section 11 at any time during the two days; and
(g) an entry is made in the “Remarks” section of the daily log or on the record required by subsection 18 (3) clearly indicating the day from which the off-duty time has been deferred and the day to which it was deferred. O. Reg. 555/06, s. 7.
( Do not use this before going to the U.S. unless you can satisfy the 10 consecutive hours off time before crossing the border)


Mandatory off-duty time ( must take 8 consecutive hours off )

9.  (1)  After a driver has accumulated 13 hours of driving time from the end of the most recent period of eight or more consecutive hours of off-duty time, the driver shall not drive again unless he or she takes at least eight consecutive hours of off-duty time. O. Reg. 555/06, s. 9 (1).

(2)  After a driver has accumulated 14 hours of on-duty time from the end of the most recent period of eight or more consecutive hours of off-duty time, the driver shall not drive again unless he or she takes at least eight consecutive hours of off-duty time. O. Reg. 555/06, s. 9 (2).

(3)  After 16 hours have elapsed from the end of the most recent period of eight or more consecutive hours of off-duty time, the driver shall not drive again unless he or she takes at least eight consecutive hours of off-duty time. O. Reg. 555/06, s. 9 (3). ( You must have 2 hours in the Off Duty Status during your shift to elapse an extra 2 hours to your tour of duty)

When taking only 8 hours off you must take an additional 2 hours off during the day as consecutive, or in periods of no less than 1/2 hour. This is not to be confused with Defferal




Splitting off-duty time

11.  (1)  A driver may meet the off-duty time requirement of section 9 in a sequence of sleeper berth periods under subsection (2) or (3) until the sequence of sleeper berth periods ends with a period of at least eight consecutive hours of off-duty time, if all the sleeper berth periods in the sequence meet the requirements of subsection (2) or (3), as the case may be. O. Reg. 555/06, s. 11 (1).
(2)  A driver who is driving a commercial motor vehicle fitted with a sleeper berth may meet the mandatory off-duty time requirement of section 9 by accumulating off-duty time in no more than two periods where,
(a) neither period of off-duty time is less than two hours;
(b) the total of the two periods of off-duty time is at least 10 hours;
(c) the off-duty time is spent resting in the sleeper berth; and
(d) the driver does not drive again when,
(i) the total of the driving times before and after each sleeper berth period in a sequence referred to in subsection (1) exceeds 13 hours,
(ii) the total of the on-duty times before and after each sleeper berth period in a sequence referred to in subsection (1) exceeds 14 hours, and
(iii) the total of the elapsed times before and after each sleeper berth period in a sequence referred to in subsection (1) exceeds 16 hours. O. Reg. 555/06, s. 11 (2).

Splitting off-duty time ( Team Drivers)

(3)  Where a team of two or more co-drivers are driving a commercial motor vehicle fitted with a sleeper berth, each driver may meet the mandatory off-duty time requirement of section 9, not by accumulating off-duty time as provided by subsection (2), but by accumulating off-duty time in no more than two periods where,

(a) neither period of off-duty time is less than four hours;

(b) the total of the two periods of off-duty time is at least eight hours;

(c) the off-duty time is spent resting in the sleeper berth; and

(d) the driver does not drive again when,

(i) the total of the driving times before and after each sleeper berth period in a sequence referred to in subsection (1) exceeds 13 hours,

(ii) the total of the on-duty times before and after each sleeper berth period in a sequence referred to in subsection (1) exceeds 14 hours, and

(iii) the total of the elapsed times before and after each sleeper berth period in a sequence referred to in subsection (1) exceeds 16 hours. O. Reg. 555/06, s. 11 (3).

(4)  For the purpose of subsection (3), each driver must record in the “Remarks” section of the daily log the times when a co-driver, other than a co-driver described in subsection 2 (5), enters the commercial motor vehicle. O. Reg. 555/06, s. 11 (4).




7 or 14-day cycle

12.  (1)  An operator shall require that each driver follows either a 7-day or a 14-day cycle, as designated by the operator for the driver. O. Reg. 555/06, s. 12 (1).
(2)  A driver shall follow the cycle designated for him or her by the operator. O. Reg. 555/06, s. 12 (2).
(3)  An operator shall not change a driver’s cycle except as provided by section 14. O. Reg. 555/06, s. 12 (3).


Off-duty requirements

13.  (1)  Subject to section 14, a driver shall not drive unless the driver has taken at least 24 consecutive hours of off-duty time in the preceding 14 days. O. Reg. 555/06, s. 13 (1).
(2)  A driver who is following a 7-day cycle shall not drive again in that cycle after accumulating 70 hours of on-duty time during any period of seven days or during the period beginning on the day on which the cycle was reset under section 14, whichever is less. O. Reg. 555/06, s. 13 (2).
(3)  A driver who is following a 14-day cycle shall not drive again in that cycle after accumulating 120 hours of on-duty time during any period of 14 days or during the period beginning on the day on which the cycle was reset under section 14, whichever is less. O. Reg. 555/06, s. 13 (3).
(4)  A driver who is following a 14-day cycle shall not drive again in that cycle after accumulating 70 hours of on-duty time without having taken at least 24 consecutive hours of off-duty time during the period when the 70 hours were accumulated. O. Reg. 555/06, s. 13 (4).


Cycle reset — off-duty time

14.  (1)  An operator may end a driver’s 7-day cycle and designate a new 7-day or 14-day cycle for the driver if the driver takes at least 36 consecutive hours of off-duty time before starting the new cycle. O. Reg. 555/06, s. 14 (1).
(2)  An operator may end a driver’s 14-day cycle and designate a new 14-day or 7-day cycle if the driver takes at least 72 consecutive hours of off-duty time before starting the new cycle. O. Reg. 555/06, s. 14 (2).
(3)  For the purpose of the cycle requirements of this Regulation, a driver’s accumulated hours at the start of each new cycle are deemed to be zero and the driver’s hours start to accumulate again at the start of the new cycle. O. Reg. 555/06, s. 14 (3).


Adverse Driving Conditions
Increased driving and on-duty times in adverse driving conditions

15.  (1)  A driver who encounters adverse driving conditions while driving a commercial motor vehicle may,
(a) increase the driving time permitted by section 5 by up to two hours and the on-duty time permitted by that section by up to two hours and reduce the off-duty time required by subsection 6 (2) by a corresponding amount; and
(b) increase the driving time permitted by sections 9 and 11 by up to two hours and the on-duty times permitted by those sections by up to two hours if the 16 hour elapsed time required by subsection 9 (3) is not exceeded. O. Reg. 555/06, s. 15 (1).
(2)  If, as a result of subsection (1), the driver exceeds the on-duty time for the cycle permitted by sections 12 to 14, the cycle requirements under those sections must be met by the end of the following day. O. Reg. 555/06, s. 15 (2).
(3)  If a driver extends his or her driving or on-duty times under subsection (1), the reason for the extension must be entered in the “Remarks” section of the daily log or on the time record required by subsection 18 (3). O. Reg. 555/06, s. 15 (3).
(4)  In this section,
“adverse driving conditions” means significantly impaired driving conditions that were not known, or could not reasonably have been known, to a driver or an operator dispatching a driver immediately before the driver began driving. O. Reg. 555/06, s. 15 (4).

You may extend your driving (13 to 15 hrs.) and on-duty times (14 to 16 hrs.) but cannot go over the 16 hour elapsed time. O.Reg 15 (1) (a) (b)


Records (log sheets) to be in drivers local time.
 
16.  (1)  Time recorded in a driver’s daily log and in the operator’s record required by subsection 18 (3) must be the local time at the driver’s home terminal at the start of each cycle. O. Reg. 555/06, s. 16 (1).
(2)  The same local time applies for the duration of a driver’s cycle. O. Reg. 555/06, s. 16 (2).


Daily log requirement

17.  (1)  Every driver shall keep a daily log each day that accounts for all of the driver’s on-duty time and off-duty time for that day in accordance with this Regulation. O. Reg. 555/06, s. 17 (1).
(2)  An operator shall require every driver to keep a daily log in accordance with this Regulation. O. Reg. 555/06, s. 17 (2).

Exception to daily log requirement

18.  (1)  A driver is not required to keep a daily log for a day if the driver,
(a) on the operator’s instructions, drives a commercial motor vehicle solely within a radius of 160 kilometres of the location at which the driver starts the day; and
(b) returns at the end of the day to the same location from which he or she started. O. Reg. 555/06, s. 18 (1).

The operator (company) must keep a record of the drivers duty status.

Required to carry and surrender daily logs and supporting documents

23.  (1)  A driver who is required to keep a daily log shall not drive unless the driver has in his or her possession,
(a) a copy of the daily logs or a copy of the record required to be kept under subsection 18 (3), for the preceding 14 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. O. Reg. 555/06, s. 23 (1).
(2)  A driver shall forthwith surrender the documents referred to in subsection (1) for inspection upon the demand of an inspector. O. Reg. 555/06, s. 23 (2).
(3)  If a driver is using a recording device to make a daily log or did use a recording device to make a daily log for any of the preceding 14 days, the driver shall,
(a) forthwith surrender, upon demand of an inspector, a printed or handwritten daily log generated from the information stored in the device for each of such days; and
(b) show, upon demand of an inspector,
(i) a readable display from the device of the required information stored in the device for each of such days, and
(ii) a readable display from the device indicating that it has not been disconnected during any of the previous 14 days that it has been used to make a daily log. O. Reg. 555/06, s. 23 (3).
(4)  An operator shall not request, require or allow a driver to drive in contravention of subsection (1). O. Reg. 555/06, s. 23 (4).


Documents forwarded to operator

24.  (1)  A driver shall, within 20 days after completing a daily log, forward the original daily log and supporting documents to a place of business of the operator. O. Reg. 555/06, s. 24 (1).
(2)  An operator shall ensure that every driver complies with subsection (1). O. Reg. 555/06, s. 24 (2).
Daily log requirements — driver works for multiple operators

26.  (1)  Where a driver works for more than one operator in a day, the driver shall,
(a) enter in the daily log the name of each operator and the address of the principal place of business of each operator;
(b) designate in the daily log one operator as the principal operator; and
(c) for the purpose of subsection 24 (1),
(i) forward the original daily log to a place of business of the principal operator and a copy of the daily log to a place of business of each of the other operators, and
(ii) forward the supporting documents to a place of business of the operator to whom it relates. O. Reg. 555/06, s. 26 (1).
(2)  For the purpose of section 4, the designation of the hour at which a driver’s day starts shall be made by the principal operator. O. Reg. 555/06, s. 26 (2).
(3)  For the purpose of subsection 12 (1), the designation of a 7-day or 14-day cycle shall be made by the principal operator. O. Reg. 555/06, s. 26 (3).
(4)  Section 18 does not apply where a driver works for more than one operator in a day. O. Reg. 555/06, s. 26 (4).


Note- This is the Ontario Highway Traffic Act   ONTARIO REGULATION 555/06 Hours Of Service listed for single driver application. For team drivers and ferry users please refer to a copy of the highway traffic act or the National Safety Code # 9


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