June 2011 1 Albertas Provincial Drivers Hours of Service for School Buses Alberta Drivers Hours of Service Regulation (AR 317/2002) Traffic Safety Act

June 2011 1

Alberta’s Provincial Drivers Hours of Service for School Buses

Alberta Drivers’ Hours of Service Regulation (AR 317/2002)Traffic Safety Act

Developed in cooperation by the Alberta School Bus Safety Committee and Alberta Transportation for delivery through the Alberta Student Transportation Advisory Council (ASTAC)


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Every effort has been made to ensure that the information in this document is accurate at the time of preparation. However, this document is intended to serve only as a guide and is not meant to be a substitute for the Federal and Provincial Regulations.

The Alberta Drivers’ Hours of Service Regulation (and other legislation under the Traffic Safety Act) is available on the internet at:

www.transportation.alberta.ca/525.htm

Disclaimer

http://www.transportation.alberta.ca/525.htm


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It’s been recognized that fatigue related collisions do occur in all transportation industries, including school bus operations

These collisions can be reduced or even prevented completely if the driver and their supervisor are fully aware of their legal responsibilities

This basic course covers the minimum criteria that a professional driver needs to know

The complete presentation should take approximately 4 hours and, to satisfy due diligence expectations, it may include successful completion of an exam to demonstrate learning

Purpose

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Section 1: Overview


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Why the hours of service regulations are in place

Definitions: carrier, driver, school bus Commercial vehicles that apply to the

Provincial Regulations Commercial vehicles that are excluded

from Provincial Regulations

What will I learn in this section?


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Why are the Hours of Service Regulations in Place? Reduce or prevent collisions

Reduce or prevent fatigue incidents

The Hours of Service regulations are intended to help reduce driver fatigue and prevent the NEXT collision


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Who is a carrier?

An individual or a company who transports passengers by bus

Operates a vehicle for commercial purposes

A “carrier” is the registered owner of a commercial vehicle (e.g. School Board, bus contractor, individual)


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Who is considered a driver?

A “driver” is anyone “who is driving or is in actual physical control of a vehicle” including:Full-time and part-time driversVolunteer drivers (e.g. teacher, parent, etc.)Spare/casual driversMaintenance staff who test drive (mechanics)Owner/management or administrative staff

who drive (e.g. principal, office staff)


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What is a “School Bus”?

A “School Bus” can be used to transport pupils: To/from school To/from field trips or similar functions if trip is authorized

in writing by principal and a copy is with the bus driver For other types of trips, the same vehicle is

considered to be a regular “Commercial Bus” (e.g. community sports team, cub group, etc.)

Carriers often have a mixture of regulated vehicles in their name or under contract


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What is the difference between a ‘Federal’ and ‘Provincial’ Carrier? A “Federal“ carrier is one who has any regulated

commercial vehicle that leaves Alberta for any reason Such a vehicle includes:

A passenger vehicle originally designed to transport 11 or more persons, including the driver; and

A truck/trailer registered for a combined weight of 4,501 kilograms or more

Note: Once it is determined that federal legislation applies to a carrier, it will apply to their entire fleet, even those operated point-to-point within Alberta.


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What is the difference between a ‘Federal’ and ‘Provincial’ Carrier? A “Provincial” carrier is one who has no NSC

vehicle that leaves Alberta Such a vehicle includes:

A passenger vehicle originally designed to transport 11 or more persons, including the driver; and

A truck/trailer with a gross weight of 11,794 kgs or more

Example: if a 12 passenger van registered to a motor carrier leaves Alberta, then their Operating Status must be “Federal” and ALL the school buses (that may be operating only in Alberta) MUST comply to the Federal HOS regulations (i.e. must keep at least “detailed” radius records every day).


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Carriers with a Provincial Operating Status (as indicated on the carrier's Alberta Safety Fitness Certificate)

Note: a copy of the SFC must be retained in each bus

Commercial Vehicles that Fall Under the Provincial Regulations


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Provincial Safety Fitness Certificate


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Federal Safety Fitness Certificate


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Truck, tractor, trailer or any combination of these vehicles with gross vehicle weight of 11,794 kilograms or more

Note: service trucks/trailers, such as those used for building and vehicle maintenance, must be considered


© Microsoft®


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Bus with seating capacity of 11 persons or more, including the driver

This includes 12 and 15 Passenger Vans when registered to a motor carrier


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Commercial Vehicles Excluded from the Provincial Regulations Commercial vehicle with total registered

gross vehicle weight of 11,793 kilograms or less (including trailer combinations)

Total Registered Gross Vehicle Weight

≤ 11,793 kilograms

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Emergency vehiclesFire-fighting vehicle, ambulance, police

vehicle, or other vehicle used during an emergency

Tow trucks are not an emergency vehicle

Commercial Vehicles Excluded from the Provincial Regulations

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Commercial vehicle providing relief in a “public welfare emergency”Fire, flood, drought, storm, earthquake,

hurricane, tornado or other natural phenomenon; disease in human beings, animals or plants; or accident or pollution

Drivers must document the emergency exemption when used


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Municipality’s public transit service bus Travels within 25 kilometres of boundary of

a municipality A Recreational Vehicle


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Section 2: Responsibilities


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Driver responsibilities Employee responsibilities Motor carrier management responsibilities

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What are the driver’s responsibilities?

Refuse to drive if: Driver’s abilities are impaired (by alcohol, drugs,

fatigue, health or unknown causes) and it’s unsafe for the driver to drive

Driving risks safety or health of public, driver or other motor carrier employees

Driver who has decided not to drive is protected under the Regulations

© Microsoft®

© Microsoft®


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What are the employee’s responsibilities?

Raise immediate awareness to management and/or supervisor if you suspect that a:

Driver’s abilities are impaired (by alcohol, drugs, fatigue, health or unknown causes) and it’s unsafe for the driver to drive

Driving risks safety or health of public, driver or motor carrier employees

Driver is not complying with the Provincial Regulations

Note: for provincial carriers this is a “due diligence” responsibility only

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What are the motor carrier’s and management’s responsibilities?

Refuse to allow a driver to drive if: Driver’s abilities are impaired (by alcohol, drugs, fatigue,

health or unknown causes) and it’s unsafe for the driver to drive

Driving risks safety or health of public, driver or motor carrier employees

Driver is not complying with the Provincial Regulations

Note: for provincial carriers this is a “due diligence” responsibility only

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Due Diligence

Need to ask:

What would a reasonable person do in the same situation to avoid harm to other persons or their property?

If a reasonable person would not let the driver drive, then the person must not request, require or allow the driver to drive

© Microsoft®

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Section 3: Driver Activities


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Duty Status activities classified as: Driving time On-duty other than driving time Off-duty time other than time spent in a sleeper

berth Off-duty time spent in a sleeper berth

How to use a logbook and time record

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What activities do commercial vehicle drivers perform in a day?

Pick up/drop off a load, drive, maintain vehicle, complete paperwork, eat, sleep

Every driver activity can be classified into one of four “duty status” categories

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What is a “duty status”?

Four categories of duty status: Off-duty time, other than time spent in a sleeper

berth Off-duty time spent in a sleeper berth Driving time (on-duty time) On-duty time, other than driving time

Note: there is not necessarily a direct relationship between duty status and a driver’s paid time


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“On-duty time”

Begins when driver starts work or is required by a carrier to be available for work

Does not include time when driver is waiting to be assigned work (if driver is free to do other things)

Ends when driver stops work or is relieved of all responsibility by the carrier


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“Off-duty time”

Any time other than on-duty time

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Off-Duty Time, Other Than Time Spent in a Sleeper Berth Driver has the freedom to do whatever

driver wants to do Driver is relieved of all duty, responsibility

and obligation for care and custody of vehicle, its accessories, and any passengers or cargo it may be carrying

Driver has freedom to leave vehicle to do something else


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Off-Duty Time, Other Than in a Sleeper BerthExamples: Meal break Rest break Sleep Work performed for an organization other than a

motor carrier Vacation time Days off (e.g. weekends)

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Off-Duty Time Spent in a Sleeper Berth Driver is in sleeper berth area Sleeper berth is in the cab or passenger

compartment of commercial vehicle There are specific dimensions and

environmental requirements for sleeper berths

Note: School buses do not have sleeper berths!


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Driving Time

Driver operates or controls a commercial vehicle

Example:- Driving a school bus


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On-Duty, Other Than Driving Time Driver performs other activities while

on-duty Inspecting, servicing, cleaning or repairing

a commercial vehicle Waiting to be dispatched (at a motor carrier

or shipper facility or in the vehicle)

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On-Duty, Other Than Driving Time Traveling in a commercial vehicle as a

co-driver Traveling as a passenger in a commercial

vehicle to a point where the driver will begin driving

Performing any other work for a motor carrier such as completing paperwork, teaching, coaching or attending training


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What is a logbook and how is it used? Logbook is used to record driver’s duty

status activities Each page in a logbook records one day’s

(24 hours) activities Obtain logbooks from carriers or purchase

them at truck stops, stationary stores or commercial printing companies


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What is a logbook and how is it used? Sample log


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The “grid” is shown here for training purposes Daily grid


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Daily Grid ExampleTime Driver Activity Duty Status

8 hours Sleep Off-duty time other than time spent in a sleeper berth

1 hour Eat breakfast and drive to motor carrier

Off-duty time other than time spent in a sleeper berth

1 hour Supervise loading of vehicle

On-duty, other than driving time

4 hours Drive Driving time

1 hour Eat lunch Off-duty time other than time spent in a sleeper berth


1 hour Eat supper Off-duty time other than time spent in a sleeper berth


1 hour Supervise unloading of vehicle, maintain vehicle and complete paperwork

On-duty, other than driving time

1 hour Relax and sleep Off-duty time other than time spent in a sleeper berth


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Daily Grid Example

© Microsoft®

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Section 4: Daily Limits


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Definition of a workshift Driving time limit Off-duty time requirement

© Microsoft®


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What is a workshift?

Period of time between 2 periods of 8 consecutive hours off duty

Core Rest Period

≥ 8 consecutive

off-duty hours

WorkshiftCore Rest

Period≥ 8

consecutive off-duty hours

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How many hours can a driver drive in a workshift? Workshift Driving Time Limit Workshift On-Duty Time Limit

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Workshift Driving Time Limit

No driving after 13 hours of driving in a workshift

Driving periods may start and stop throughout day

Total Driving Time in a workshift ≤ 13 hours

STOP DRIVING AFTER

13 HOURS DRIVING


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Driving Time8:00 – 13:00 5 hours14:00 – 19:00 5 hours20:00 – 23:00 3 hoursTotal 13 hours Total Driving Time ≤ 13 hours


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Workshift On-Duty Time Limit

No driving after 15 hours On-Duty Time in a workshift

On-Duty Time = “Driving Time” + “On-Duty Time Other Than Driving”

Total On-Duty Time ≤ 15 hours

STOP DRIVING AFTER

15 HOURS

ON-DUTY


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15


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On-Duty Time8:00 – 13:00 5 hours14:00 – 19:00 5 hours20:00 – 24:00 4 hoursTotal 14 hours Total On-Duty Time ≤ 15 hours


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Time Breaks

A driver may continuously drive a vehicle: for a period of up to 4 consecutive hours of driving

if, at the conclusion of driving for that period of time, the driver takes at least 10 consecutive minutes off duty or of non-driving time OR

for a period of up to 6 consecutive hours of driving if, at the conclusion of driving for that period of time, the driver takes at least 30 consecutive minutes off duty or of non-driving time


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How many hours does a driver need to be off-duty? Required Rest

Must have 8 consecutive hours of off-duty time after 13 hours driving or 15 hours of on-duty time before becoming eligible to drive a commercial vehicle again


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How many hours does a driver need to be off-duty? Reduced Rest Provision

A driver may, once in 7 days, reduce the required 8 hours rest to not less than 4 hours of rest if:

Before the reduced rest, the driver has not been on-duty for more than 15 hours and

The reduced number of hours taken is added to the next consecutive 8 hours of rest that is at least 8 hours long (for a total of 12 consecutive hours off if the maximum 4 hours is taken off)

Note: You cannot violate any of the other driving or on-duty limits!


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Off-Duty Requirement

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Off-Duty Requirement

Off-Duty Time0:00 – 8:00 8 hours13:00 – 14:00 1 hour19:00 – 20:00 1 hoursTotal 10 hours Total Off-Duty Time ≥ 8 hours


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Summary of Driving Limits and Off-Duty Requirement


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Summary of Driving Limits and Off-Duty Requirement (cont’d)

No driving after 15 hours on-duty


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Summary of Driving Limits and Off-Duty Requirement (cont’d)

8 hours of consecutive off-duty time


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Summary of Workshift Limits No driving after 13 hours driving

No driving after 15 hours on-duty

At least 8 consecutive hours off-duty before driver can drive again; and 10 consecutive minutes non-driving after 4 hours of

continuous driving; or 30 consecutive minutes of non-driving after 6 hours of

continuous driving.

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Section 5: Exemptions


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Emergencies Adverse driving conditions Traveling as a passenger

© Microsoft®


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Situations when a driver is exempt from driving, on-duty or off-duty limits:

Emergencies Adverse driving conditions Driver traveling as a passenger

© Microsoft®


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What is an emergency?

Sudden, urgent, unexpected situation that requires immediate action

Safety or security of the people or the vehicle are at risk

Does not include driver’s desire to get home, passenger demands, loading/ unloading delays or a shortage of drivers


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What can a driver do in an emergency? Driving, on-duty and off-duty limits do not

apply in an emergency Drive to the first available safe location Remove persons and load from

emergency situation Record emergency in “Remarks” section

of daily log


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What are adverse driving conditions? Snow, sleet, fog, or other adverse weather

conditions, that were not known to a driver or a motor carrier immediately before driver began driving from last place of rest

Includes unusual road conditions Does not include delays at railway

crossings© Microsoft®


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What can a driver do in adverse driving conditions?

Increase driving and on-duty time by no more than 2 hours

This provision only applies if the trip as originally planned could have been completed within the driving time and on-duty time limits as previously covered Daily Driving

Limit

13 hours + 2 hours

= 15 hours

Daily On-Duty Limit

15 hours + 2 hours

= 17 hours


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What can a driver do in adverse driving conditions?

Driver must stop driving after 17 hours of total on-duty time in a workshift

Driver must stop after 15 hours of driving Record adverse driving conditions in the

“Remarks” section of daily log


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Example


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When is a driver traveling as a passenger?

At the request of the carrier by whom the driver is employed or otherwise engaged, traveling as a passenger to a work assignment when the driver has not been off duty for at least 8 consecutive hours immediately prior to departure.

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Section 6: Daily Logs


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Daily log requirements Possession of daily logs and documents Production of daily logs Distribution and keeping of daily logs Tampering with daily logs

© Microsoft®


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Commercial vehicle drivers must fill out a daily log each day that accounts for all of the driver’s on-duty and off-duty time for that day

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What is required in a daily log?

At start of each day enter: Date and start time Driver name and signature Unit number or licence plate Initial odometer reading Name and address of the carrier

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During each day enter: Hours for each duty status (recorded using a line on the

graph grid and updated at the end of each change in duty status)

Location of each change of duty status (municipality and province – e.g. “Red Deer, AB”)

Location and amount (liters/gallons) of fuel obtained Updated each time duty status changes (not at end of

day, not after 4 hours, etc.) “Remarks” section – any extension to driving, on-duty or

elapsed time (workshift) because of emergency or adverse driving conditions


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At end of each day enter: Total hours for each duty status and total

hours for the day Final odometer reading Total distance driven

© Microsoft®


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What are the rules regarding the possession of daily logs? Driver must possess the following before starting

to drive: Copy of the daily logs for preceding 2 days Daily log for current day, completed up to time

when last change of duty status occurred Any supporting documents or relevant records

that driver receives during the current trip (e.g. receipts for meals, fuel, or repairs; bills of lading; violation tickets and roadside inspection documents)


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What are the rules regarding the distribution and keeping of daily logs? Within 20 calendar days after completing each

daily log, driver must forward the original daily log and supporting documents to home terminal

Carrier to keep logs and supporting documents for 6 months

Driver to keep copy of each log

for 6 months

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What are the rules regarding the tampering with daily logs?

Daily log tampering violations: Driver keeps more than one daily log for any day

Driver records inaccurate information in daily log

(handwritten or electronic device) Driver falsifies, mutilates or defaces daily log or

supporting documents Officer can take enforcement action for any of

these types of violations

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Section 7: Radius Exemption – 160 Kilometer Radius


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Application of daily log record exemption Record of duty status Documentation requirements for drivers

utilizing this exemption

© Microsoft®


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Some drivers may qualify for a daily log exemption

What criteria must a driver meet to qualify for a daily log exemption?

What is a record of duty status? What documentation does an exempt

driver need to possess?

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The driver does not operate beyond a radius of 160 km from the home terminal of that driver

The driver returns to the home terminal and is released from work within 15 hours from the commencement of the driver’s work shift

The carrier that employs the driver maintains and retains for 6 months accurate time records showing the time the driver reports to start their work shift and the time that the driver is released from work.


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A “home terminal” is defined as where “the driver normally reports for work” and can include a person’s home, carrier’s shop, etc. as authorized by the carrier

A driver’s “start” time is the time at which off duty ends and ANY work for the motor carrier begins such as trip inspection, paper work, cleaning the vehicle, etc.

Similarly, the “end” time is when on-duty stops and NO further work is done for the motor carrier


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The exemption from having to keep a logbook does not exempt a driver from being in compliance with the remainder of the Hours of Service Regulations

The exception applies only to the requirement of maintaining a logbook


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What is a record of duty status?

Motor carrier must maintain a record of duty status that includes:

Driver’s name and date Driver’s workshift start and end times

© Microsoft®


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What documentation does a driver need to possess when using this exemption? Any supporting documents or relevant records

that the driver receives during the current trip (e.g. receipts for meals, fuel, or repairs; bills of lading; tickets and inspection documents)

Driver must be able to explain to the Officer why the driver qualifies for daily log exemption (e.g. within radius, within hour limit and will return to home terminal)


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What does a driver need to do when the driver exceeds the 160 kilometer radius or works through the night?

Fill out daily log for day(s) the driver does not qualify for the exemption

Record the hours worked for each of the previous 7 days into the Remarks section of the log sheet (a table may already be available on the log or time record for this purpose)

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Section 8: Time Records


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How to complete Daily Time Records How to complete Daily Log Sheets

© Microsoft®


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Section 9: Responsibilities


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What will I learn in this module?

Driver’s responsibilities Motor carrier’s responsibilities

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Motor carriers and government Investigators may monitor driver compliance with the Regulations using internal auditing procedures

What are the driver’s responsibilities? What are the carrier’s responsibilities?

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What are the driver’s responsibilities? Complete accurate daily logs and time records,

as applicable Forward originals to carrier within 20 days

If driver is employed by 2 or more carriers, the driver is required to provide each carrier with copy of all logs

Keep logs for previous 2 days on the bus with them (if used) or a record showing the total on-duty time for each of the previous 7 days (if using time records)

Keep copies of daily logs at their residence for a period of at least 6 months


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What are the motor carrier’s responsibilities? Distribute and keep daily logs and time records Prevent tampering with daily logs and time

records Produce daily logs and supporting documents

for inspection

Note: to meet due diligence expectations, carriers are urged to monitor the compliance of their drivers and take action(s) as needed


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Distribute and Keep Daily Logs

Carrier must retain daily logs/time records and supporting documents at its principal place of business after receiving them from driver (unless a divided record authority permit has been obtained from Alberta Transportation)

Any logs and time records along with supporting documentation (as defined earlier) that are produced/collected for each calendar day must be kept in chronological order for each driver for a minimum of 6 months


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Prevent Daily Log Tampering

No one may alter a daily log, electronic log, time record or scanned document

If Safety Officer finds an error on a daily log and wants to “correct” a log, they must copy log and edit the copy

No one may alter or destroy an original record because it is a legal document


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Produce Daily Logs and Supporting Documents for Inspection

Motor carrier must make available for inspection:

Daily logs, supporting documents and other relevant records

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Section 10: Enforcement


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Options for enforcement action

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If a driver violates maximum allowable driving times or minimum required off-duty times, driver can be subject to enforcement action.

What may happen if a driver is not in compliance?

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Violation

Driver exceeds driving time limits Driver may not drive until after the number of hours

needed to return the driver to compliance

Driver fails to meet off-duty time requirement Driver may not drive until after the number of hours

needed to return the driver to compliance (e.g. complete 8 consecutive hours off duty)


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Violation

Driver is unable or refuses to produce his/her daily logbook (if not using radius exemption) Driver may not drive until after required

documentation is produced

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Violation

Evidence that driver completed more than one daily log, entered inaccurate information in the daily log or falsified information in the daily log Driver may not drive until after required



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Violation

Driver mutilates or defaces daily log or supporting document in such a way that the Officer cannot determine whether the driver has followed the driving time and off-duty requirements Driver may not drive until after required


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What enforcement options are available to Officer? Issue a verbal warning to driver explaining

violation(s) Issue a written warning to driver outlining

violation(s) Issue ticket(s) to driver formally charging

the driver with the violation(s) (standard penalty is $345 per violation)

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QUESTIONS?