Highway Traffic Act

ONTARIO REGULATION 555/06

hours of service

Historical version for the period March 27, 2012 to November 28, 2016.

Last amendment:  O. Reg. 43/12.

This is the English version of a bilingual regulation.

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CONTENTS

Interpretation, Application

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; (“co-conducteur”)

“daily log” means the daily log required to be kept by section 17; (“journal de bord”)

“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; (“journée”)

“home terminal” for any driver, means the location at which the driver ordinarily reports for work, including an operator’s place of business; (“gare d’attache”)

“inspector” means a police officer or officer appointed for the purpose of carrying out the provisions of the Act; (“inspecteur”)

“principal place of business”, for an operator, means the last known address of the operator appearing on the records of the Ministry; (“établissement principal”)

“supporting document” means a document or information, recorded and stored by any means, that could be used to determine compliance with this Regulation. (“pièce justificative”)  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).

(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).

Exemptions from Regulation

3. (1) Subject to subsection (3), a driver and operator are exempt from this Regulation while the driver is driving a commercial motor vehicle of a type and in the circumstances described in any of the following paragraphs:

1. A two or three-axle commercial motor vehicle, or combination of a two-axle commercial motor vehicle and a one-axle trailer, being used,

i. to transport the primary products of a farm, forest, sea or lake, if the driver or the operator is the owner and producer or harvester of the products, or

ii. to return after transporting the primary products of a farm, forest, sea or lake, if the vehicle is empty or is transporting supplies and equipment used for the production of primary products of a farm, forest, sea or lake.

2. A vehicle being used by a person in the lawful performance of his or her duties as an inspector.

3. A cardiac arrest emergency vehicle operated by or under the authority of a hospital.

4. A vehicle engaged in providing relief in an emergency, being a situation or impending situation that constitutes a danger of major proportions to life, property or the environment, whether caused by forces of nature, an accident, an intentional act or otherwise.

4.1 A vehicle operated by or on behalf of a municipality, road authority or public utility while responding to a situation or impending situation that constitutes an imminent danger, though not one of major proportions, to life, property or the environment, whether caused by forces of nature, an accident, an intentional act or otherwise.

5. A bus that is operated by or on behalf of a municipality as part of the municipality’s public transit service, either within the municipality or within 25 kilometres of the boundary of the municipality.  O. Reg. 555/06, s. 3 (1); O. Reg. 405/07, s. 1 (1).

(2) This Regulation does not apply to a driver, or the operator of such driver, while driving a pick-up truck that,

(a) is being used for personal purposes without compensation; and

(b) is not carrying, or towing a trailer that is carrying, commercial cargo or tools or equipment of a type normally used for commercial purposes.  O. Reg. 555/06, s. 3 (2).

(3) A driver’s on-duty time and off-duty time, within the meaning of this Regulation, when he or she is exempt from this Regulation under subsection (1) shall nonetheless be included in the calculations of a driver’s hours of off-duty and on-duty time for the purposes of complying with this Regulation on the days when the driver is not exempt under subsection (1).  O. Reg. 555/06, s. 3 (3).

(4) In this section,

“pick-up truck” means a commercial motor vehicle that,

(a) has a manufacturer’s gross vehicle weight rating of 6,000 kilograms or less, and

(b) is fitted with either,

(i) the original box that was installed by the manufacturer, which has not been modified, or

(ii) a replacement box that duplicates the one that was installed by the manufacturer, which has not been modified.  O. Reg. 555/06, s. 3 (4); O. Reg. 405/07, s. 1 (2).

Exemption for volunteer firefighters

3.1 (1) A driver and operator are exempt from this Regulation while the driver is performing duties as a volunteer firefighter, as defined in the Fire Protection and Prevention Act, 1997, but no matter how many hours the driver actually performs duties as a volunteer firefighter, the exemption shall not exceed,

(a) two consecutive hours a day; or

(b) two consecutive hours in the mandatory off-duty time period required by section 9.  O. Reg. 114/09, s. 1.

(2) The exemption period under subsection (1) shall be included as off-duty time in the calculations of the driver’s hours of off-duty and on-duty time for the purposes of complying with this Regulation when the driver is not exempt under subsection (1).  O. Reg. 114/09, s. 1.

Daily Requirements

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).

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).

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.

Shift Requirements

Requirements for sleeper berth

8. For the purposes of sections 10 and 11, a sleeper berth must,

(a) be designed to be used as sleeping accommodation;

(b) not be located in or on a trailer;

(c) be located,

(i) in the cab of the commercial motor vehicle or immediately adjacent to the cab and be securely fixed to it,

(ii) in the cargo space of the commercial motor vehicle and be separated from the remainder of the cargo space by a solid physical barrier, or 

(iii) in the case of a bus, in the passenger compartment of the bus and be separated from the passenger area of the passenger compartment by a solid physical barrier that is equipped with a door that can be locked;

(d) in the case of a bus,

(i) be at least 1.9 metres long, 60 centimetres wide and 60 centimetres high,

(ii) provide privacy for the occupant, and

(iii) be equipped with a means to significantly limit the amount of light entering the area;

(e) in the case of a commercial motor vehicle other than a bus,

(i) be rectangular in shape,

(ii) be at least 1.9 metres long,

(iii) be at least 60 centimetres wide, and

(iv) be at least 60 centimetres high, measured from the top of the sleeping mattress to the highest point of the area;

(f) be constructed so that there are no impediments to ready entrance to or exit from the area;

(g) have a direct and readily accessible means of passing from it into the driver’s seat or compartment;

(h) be protected against leaks and overheating from the vehicle’s exhaust system;

(i) be equipped to provide adequate heating, cooling and ventilation;

(j) be reasonably sealed against dust and rain;

(k) be equipped with a mattress that is at least 10 centimetres thick and adequate bedding so that the occupant can get restful sleep; and

(l) be equipped with a means of preventing ejection of the occupant during deceleration of the commercial motor vehicle, the means being designed, installed and maintained to withstand a total force of 2,700 kilograms applied toward the front of the vehicle and parallel to the longitudinal axis of the vehicle.  O. Reg. 555/06, s. 8.

Mandatory off-duty time

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).

Exception to mandatory off-duty time — travelling by ferry

10. (1) A driver travelling for more than five hours by a ferry may meet the mandatory off-duty time requirement of section 9 by spending a minimum of eight hours resting in two or more of,

(a) a sleeper berth while waiting at the terminal to board the ferry;

(b) rest accommodations on the ferry; and

(c) a rest stop that is no more than 25 kilometres from the point of disembarkation from the ferry.  O. Reg. 555/06, s. 10 (1).

(2) For the purposes of section 9,

(a) off-duty time taken under this section is deemed to begin at the start of the last period of off-duty time described in subsection (1); and

(b) the elapsed time referred to in subsection 9 (3) must not include the periods of off-duty time described in subsection (1) that precede the start of the last period of off-duty time described in subsection (1).  O. Reg. 555/06, s. 10 (2).

(3) The driver shall record the hours spent as described in subsection (1) in the daily log as off-duty time spent in a sleeper berth and shall retain the receipts for the crossing and rest accommodation fees as supporting documents.  O. Reg. 555/06, s. 10 (3).

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).

(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).

Cycle Requirements

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).

Record-Keeping

Records to be in 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).

(2) Subsection (1) does not apply to a driver who is driving under a permit issued under section 191 of the Act.  O. Reg. 555/06, s. 18 (2).

(3) If a driver is not required to keep a daily log for a day pursuant to subsection (1), the operator shall keep a record for the day showing,

(a) the date, the driver’s name and the location at which the driver starts and ends the day;

(b) the cycle that the driver is following;

(c) the hour at which each duty status starts and ends and the total number of hours spent in each duty status; and

(d) the number of hours of on-duty time and the number of hours of off-duty time, within the meaning of this Regulation, that the driver accumulated each day during the 14 days immediately before the start of the day, for which the driver was exempt from this Regulation and not required to keep a daily log.  O. Reg. 555/06, s. 18 (3).

(4) For the purpose of clause (3) (c), if the driver is on duty within a municipality such that a number of periods of driving time are interrupted by a number of periods of other on-duty time of less than one hour each, the periods of driving time may be combined and the periods of other on-duty time may be combined.  O. Reg. 555/06, s. 18 (4).

Contents of daily log

19. (1) A driver shall, at the start of each day, enter the following information in the daily log:

1. The driver’s name.

2. The date.

3. The name of the driver’s co-drivers, if any.

4. The start time of the day being recorded, if the day does not start at midnight.

5. The cycle that the driver is following. 

6. The odometer reading, at the start of the day, of the commercial motor vehicle to be operated by the driver.

7. The number of hours of on-duty time and the number of hours of off-duty time, within the meaning of this Regulation, that the driver accumulated each day during the 14 days immediately before the start of the day, for which the driver was exempt from this Regulation and not required to keep a daily log, recorded in the “Remarks” section of the daily log.

8. The number plate of each commercial motor vehicle to be driven and each trailer to be drawn by the driver on the day.

9. The name of the operator for whom the driver is to drive during the day.

10. The addresses of the driver’s home terminal and of the principal place of business of the operator for whom the driver is to drive during the day.  O. Reg. 555/06, s. 19 (1).

(2) A driver shall, over the course of each day, enter the following information in the daily log:

1. The start and end times for each duty status during the day.

2. Each city, town, village or highway location and the province or state where the driver’s duty status changes.  O. Reg. 555/06, s. 19 (2).

(3) A driver shall, at the end of each day, enter the following information in the daily log:

1. The total time spent in each duty status during the day.

2. The odometer reading at the end of the day.

3. The total distance driven by the driver.  O. Reg. 555/06, s. 19 (3).

(4) A driver is not required to record the information described in paragraph 7 of subsection (1) for any day for which the driver carries copies of the records required to be kept by the operator under subsection 18 (3).  O. Reg. 555/06, s. 19 (4).

(5) If the driver is on duty within a municipality such that a number of periods of driving time are interrupted by a number of periods of other on-duty time of less than one hour each,

(a) instead of recording the information described in paragraph 1 of subsection (2), the periods of driving time may be combined and the periods of other on-duty time may be combined;

(b) the driver is not required to record the information described in paragraph 2 of subsection (2) with respect to the periods that have been combined under clause (a); and

(c) the driver shall enter on the graph grid of Form 1 the municipality in which he or she is on duty.  O. Reg. 555/06, s. 19 (5).

Handwritten daily log

20. (1) If the daily log is handwritten, the entries required by section 19 must be made legibly.  O. Reg. 555/06, s. 20 (1).

(2) If the daily log is handwritten, the driver shall sign each page at the end of the day, attesting to the accuracy of the information recorded on it.  O. Reg. 555/06, s. 20 (2).

(3) A handwritten daily log must include a duty status graph grid in Form 1.  O. Reg. 555/06, s. 20 (3).

Computer-generated daily log

21. (1) A driver may make a daily log by entering all the information required by section 19 into a computer at the start of, over the course of and at the end of the day as required by that section.  O. Reg. 555/06, s. 21 (1).

(2) If a driver uses a computer to make the daily log, the computer must be capable of printing the daily log in an understandable format and the driver must be able to prepare a handwritten daily log from the information recorded in the computer.  O. Reg. 555/06, s. 21 (2).

(3) If a driver prints a daily log from the computer or prepares a handwritten daily log from the information stored in the computer, he or she shall date and sign each page, attesting to the accuracy of the information recorded on it.  O. Reg. 555/06, s. 21 (3).

(4) A daily log printed from the computer shall include a duty status graph grid in Form 1.  O. Reg. 555/06, s. 21 (4).

(5) For greater certainty, the information stored in the computer is itself a daily log for the purposes of this Regulation.  O. Reg. 555/06, s. 21 (5).

Recording device-generated daily log

22. (1) A driver may make a daily log by using a recording device installed in a commercial motor vehicle, if the device,

(a) automatically records time and movement for the vehicle;

(b) automatically records and indicates the number of times it is disconnected and keeps a record of the time and date of these occurrences;

(c) keeps track of and records the total on-duty time remaining in the driver’s cycle and the total on-duty time accumulated in the driver’s cycle;

(d) stores all the information required to be kept under section 19, as well as the information required to be recorded by clauses (a), (b) and (c); and

(e) can display the stored information in a readable and understandable format on demand.  O. Reg. 555/06, s. 22 (1).

(2) The recording device may be an electric, electronic, telematic or other device.  O. Reg. 555/06, s. 22 (2).

(3) If a driver uses a recording device to make a daily log, the driver shall enter into the device all the information required by section 19, at the start of, over the course of and at the end of the day as required by that section, that is not automatically recorded and stored by the device.  O. Reg. 555/06, s. 22 (3).

(4) If a driver uses a recording device to make the daily log, the device must be capable of printing the daily log in an understandable format or the driver must be able to prepare a handwritten daily log from the information stored in the device.  O. Reg. 555/06, s. 22 (4).

(5) If a driver prints a daily log from the recording device or prepares a handwritten daily log from the information stored in the device, he or she shall date and sign each page, attesting to the accuracy of the information recorded on it.  O. Reg. 555/06, s. 22 (5).

(6) A handwritten daily log generated from the information stored in a recording device must include a duty status graph grid in Form 1.  O. Reg. 555/06, s. 22 (6).

(7) For greater certainty, the information stored in the recording device is itself a daily log for the purposes of this Regulation.  O. Reg. 555/06, s. 22 (7).

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).

Retention of documents by operator

25. (1) An operator shall,

(a) deposit each daily log and its supporting documents at its principal place of business within 30 days after receiving them; and

(b) keep, for at least six months, at its principal place of business,

(i) all the daily logs and supporting documents for each driver, in chronological order,

(ii) the records required by subsection 18 (3) in respect of each driver, and

(iii) the records required by section 28.  O. Reg. 555/06, s. 25 (1).

(2) Despite subsection (1), where any of the documents described in that subsection are in an electronic, digital or other form other than handwritten or printed form, the operator may retain them at a place where they can be readily accessed by the operator from the operator’s principal place of business in a format,

(a) that can produce a readable and understandable display of the information; and

(b) from which a printed or handwritten version of the information can be produced.  O. Reg. 555/06, s. 25 (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).

Integrity of daily logs

27. (1) No person shall enter inaccurate information in a daily log or falsify, mutilate or deface a daily log or any supporting documents.  O. Reg. 555/06, s. 27 (1).

(2) An operator shall not request, require or allow a driver to contravene this section.  O. Reg. 555/06, s. 27 (2).

Operators to monitor drivers’ compliance

28. (1) An operator shall monitor each driver’s compliance with this Regulation.  O. Reg. 555/06, s. 28 (1).

(2) If an operator determines that a driver has failed to comply with any provision of this Regulation, the operator shall record the details of the non-compliance and of the remedial action taken by the operator in response to it.  O. Reg. 555/06, s. 28 (2).

29. Omitted (revokes other Regulations).  O. Reg. 555/06, s. 29.

30. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 555/06, s. 30.

FORM 1
DUTY STATUS GRAPH GRID

Highway Traffic Act

Insert regs\Graphics\Source Law\2006\555\555001ae.tif

O. Reg. 555/06, Form 1.