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MTO Enforcement Program
April, 2006
Hours of ServiceHours of Service
April 2006 2
HistoryHistory
• Current regulations were first introduced as a countermeasure to fatigue in the
late 80’s and were based on the American hours of service rules.
• Hours of Service refers to legal limitations on the hours a commercial vehicle
driver can drive/work on a daily/weekly basis.
• The new rules incorporate current sleep and fatigue research that takes into
consideration the bodies circadian rhythm, driver’s health (opportunity to obtain
restorative sleep), irregular work shifts and sleep dept.
April 2006 3
Hours of ServiceHours of Service
• The new federal regulation will come into effect on January 1, 2007.
• Ontario plans to amend the current regulations to mirror the federal
hours of service rules.
• Hours of Service regulations are spelled out in federal legislation
under the Motor Vehicle Transportation Act (MVTA), applicable to
extra-provincial operations.
April 2006 4
The “top 11” changes are...The “top 11” changes are...
1. increase minimum daily off-duty time by 25% (8hrs to 10hrs)
2. reduce daily on-duty time by 13% (16 hrs to 14 hrs)
3. reduce daily driving time by18% (16 hrs to 13 hrs)
4. eliminate the “Time Reduction”(once-a-week)
5. restrict driver’s work shift to 16 hours (Tour of Duty)
6. requirement for driver to elect a cycle
7. standards for sleeper berths (split times, design, construction)
8. mandatory 24-hour off-duty period in 15 (regardless of on-duty accumulation)
9. allowing drivers to use a CMV for personal use (with restrictions)
10. shared responsibility for compliance (carrier, driver, dispatch, shipper, consultant)
11. new powers for enforcement officers - “out-of-service” orders
April 2006 5
Current RulesCurrent Rules
• Not based on a day (24 hour period);
• Allows 16 hours of driving in a “day”;
• Allows 26 hours of driving in a 30 hour period (using off duty time
reduction);
• No limit on a drivers work shift;
• Would allow a driver to work everyday;
• Driver and Operator assume all responsibility for compliance.
April 2006 6
The 3 Basic RulesThe 3 Basic Rules
1. Daily Restrictions
2. Mandatory Off-Duty Time “Work Shifts”
3. Cycle Restrictions
April 2006 7
Hours of ServiceHours of Service
Current
• Drive up to 16 hours in a day
• On duty up to 16 hours in a day
• No specified off-duty time for a
day
Rule
• Minimum of 10 hours of off-duty
must be taken every day.
• time, periods > 30 mins.
• Maximum of 13 hours in a day
• No driving after 14 hours of on-
duty in a day
Daily Requirements
April 2006 8
Daily Limits - a simple 3-point Daily Limits - a simple 3-point check for compliancecheck for compliance
24-hour period
113
10 hours off-duty
10* 8 hours
1
Off-duty ≥ 10
Driving ≤ 13
No driving after 14 hours On-duty
* Not required in the rules for the day
April 2006 9
Hours of ServiceHours of Service
No driving after 14 hours on-duty
DRIVING < 13
OFF DUTY > 10Off-Duty Periods must be at least 30 minutes long or
they do not count toward the 10 hours.
Daily Requirements
April 2006 10
Hours of ServiceHours of Service
Current
• After 13 hours of driving you
have to take 8 consecutive hours
before you can drive again
• After 15 hours of driving you
have to take 8 consecutive hours
before you can drive again
New Rule
• After 13 hours of driving you
have to take 8 consecutive hours
before you can drive again
• After 14 hours of on-duty you
have to take 8 consecutive hours
before you can drive again
Work Shift Rules
April 2006 11
Hours of ServiceHours of Service
Current
• No restriction on length of work
shift
• Off-duty periods extend the time
between
Rule
• Maximum of 16 hour (elapsed time)
• Time period which starts the instant
you are on duty after having just taken
minimum 8 hours off duty
• Includes all time and activities
• 8 consecutive hours off-duty resets the
work shift.·
• Sleeper berth rest periods are not
counted in the 16 hour duty period
when they qualify for the sleeper berth
rest provision
Work Shift Rules Cont’d
April 2006 12
What are the rules for the work shift?What are the rules for the work shift?
•Work Shift ≤ 16 hours •Driving time ≤ 13 hours•No driving after 14 hours on-duty
Shift Reset End
8 consecutive hours 8 consecutive hours
April 2006 13
Mandatory Off-Duty TimeAfter 16 Hours Work Shift
2
8
14
WORK SHIFT
8 consecutive hours
April 2006 14
Hours of ServiceHours of Service
Current
• May reduce the 8-consecutive
hour off-duty period to a
minimum of 4 hours- once in a 7
day period
Rule
• 48 hour averaging allows a
driver to reduce the daily off
duty requirement by the 2
“other” hours of off duty time
and this time is added to the 8
consecutive hours on Day 2.
This provision may be
exercised every 2nd day if a
driver chooses.
Off Duty Exceptions
April 2006 15
Daily Off Duty Time DeferralDaily Off Duty Time Deferral
Day 2
Day 1
10 Hours (8 + the 2 deferred from Day 1)
8
11.54.5
12
111
April 2006 16
Hours of ServiceHours of Service
Current
• Must be in compliance with 1 or the 3
cycles
• Three cycles:
• 60 hours/7 days,
• 70 hours/8 days,
• 120 hours/14 days (24-hour off-duty
prior to 75th hour on-duty)
• switching allowed
New Rule
• Two cycles (must elect one)
• Cycle 1: 70 hours/7 days,
• Cycle 2: 120 hours/14 days (must
take 24 consecutive hours off-duty
prior to 70th hour,every period)
• cycle switching only allowed after
completing required off-duty
period
• Cycle 1: 36 hours
• Cycle 2: 72 hours
Cycles
April 2006 17
S M T W T F S
13 h. 1
8 h. 2
12 h. 3
10 h. 4
11 h. 5
0 h. 6
? h. 7
S M T W T F S
8 h. 1
12 h. 2
10 h. 3
11 h. 4
0 h. 5
3 h. 6
? h. 7
13 h.
S M T W T F S
8 h.
12 h. 1
10 h. 2
11 h. 3
0 h. 4
3 h. 5
10 h. 6
13 h. ? h.
7
Accumulated Day 1-6:54 h
Available:16 h
Accumulated Day 1-6:46 h
Available:24 h
Accumulated Day 1-6:44 h
Available:26 h
Illustration of Cycle 1 (70 hrs/7 days)
April 2006 18
Hours of ServiceHours of Service
Current
• Only required for 14 day cycle
Rule
• Mandatory 24 consecutive hours
off duty in preceding 14 days
Mandatory 24-hours Off-Duty
April 2006 19
Mandatory 24 hrs. off in 15-daysMandatory 24 hrs. off in 15-days
• to address perceived problem of driving in perpetuity
• driver must have at least one 24-hour consecutive off-duty period in
preceding 14 days
• applies regardless of amount of on-duty time accumulated
2007
April 2006 20
Hours of ServiceHours of Service
Current
• Commercial motor vehicle (CMV)
drivers using a sleeper berth
must take 8 hours off- duty, but
may split the sleeper-berth time
into two periods provided neither
is less than 2 hours.
Rule
• Single drivers using a sleeper berth
must take 10 hours off-duty, but
may split the sleeper-berth time
into two periods provided neither is
less than 2 hours
• Team drivers using a sleeper berth
must take 8 hours off-duty, but
may split the sleeper-berth time
into two periods provided neither is
less than 4 hours
Sleeper Berth
April 2006 21
Hours of ServiceHours of Service
Current
• Commercial motor vehicle (CMV)
drivers using a sleeper berth
must take 8 hours off- duty, but
may split the sleeper-berth time
into two periods provided neither
is less than 2 hours.
New Rule
• Must still comply with “Daily
Requirements”:
• Maximum of 13 hours driving
• No driving after 14 hours on-duty
• Minimum of 10 hours off-duty
• No driving after accumulating (prior
and subsequent to the period):
• 13 hours driving
• 14 hours on-duty
• 16 hours in the work shift·
Sleeper Berth
April 2006 22
Sleeper Berth (Single Driver)Sleeper Berth (Single Driver)
3 + 7 = 10 hours
•Driving < 13
•No Driving after 14 hours On-Duty
•No Driving after 16th hour since last sleeper period
Off-duty ≥ 10
Driving ≤ 13
No driving after 14 hours On-duty
April 2006 23
Sleeper Berth (Team Driver)Sleeper Berth (Team Driver)
4 + 4 = 8 hours
•Driving < 13
•No Driving after 14 hours On-Duty
•No Driving after 16th hour since last sleeper period
2
8
2
12
April 2006 24
Hours of ServiceHours of Service
Current
• Suitable accommodation,
constructed and maintained
for sleeper
Rule
• Must meet prescribed standards
specified in Schedule 1
Sleeper Berth Specifications
April 2006 25
Hours of ServiceHours of Service
Current
Exempt from a daily log if:
• instructed to drive within 160 km;
• returns to and goes off duty
within 15 hours; and
• operator keeps accurate on duty
status records
New Rule
Exempt from a daily log if:
• operates CMV within 160 km;
• returns to home terminal each day to begin an 8 hour off-duty period;
• operator maintains accurate and legible records for each day indicating;
• hour at which each duty status begins & ends:
• total hours spent in each status;
• elected cycle;
• records kept for 6 months; and
• not subject to an HOS permit
Daily Log Exemption
April 2006 26
On-duty Status RecordsOn-duty Status Records
April 2006 27
Hours of ServiceHours of Service
Current
• Driving time means all time spent
at the controls of a CMV operated
on a highway- driver must show as
“DRIVING”
Rule
• Is not considered to be “On
Duty” provided that:
• CVM is unloaded
• Not towing a trailer
• Maximum of 75 km/day
• Odometer readings are recorded
• Driver is not subject of an OOS
declaration
Personal Use Exemption
April 2006 28
Hours of ServiceHours of Service
NOTE: If you extend your driving, on-duty or elapsed time (work shift) because of an emergency or adverse driving conditions, you must record the reason for doing so in the “Remarks” Section
Contents of Daily Log
April 2006 29
Hours of ServiceHours of Service
Current
• Driver and Operator are
responsible to ensure compliance
Rule
• No person shall permit, or request
a person to contravene the
regulation
Responsibilities
