Hours of Service - WTA: Washington Trucking Associations

Report
Hours of Service
in Canada
Hours of Service in Canada
Hours of Service
•
The new federal regulation will come into effect on January 1,
2007. http://canadagazette.gc.ca/partII/2005/20051116/html/sor313-e.html
•
Hours of Service regulations are spelled out in federal
legislation under the Motor Vehicle Transportation Act (MVTA),
applicable to extra-provincial operations.
•
Application Guide is available on the CCMTA website
www.ccmta.ca
Hours of Service in Canada
2
What is a Commercial Vehicle?
• A commercial motor vehicle is defined as:
• Truck, truck tractor, trailer or any combination of these with a registered
gross vehicle weight of greater than 4,500Kg (10,000lbs)
• Bus with a designed seating capacity of greater than 10 passenger
• Exemptions
• 2 & 3 axle truck hauling primary products of the farm, forest sea or lake
(and the return trip)
• Emergency vehicles
• City bus
• Disaster relief
• Personal Use (with restrictions)
Hours of Service in Canada
3
History
• Current regulations introduced in the late 80’s based
on the US hours of service rules.
• limitations on the hours a commercial vehicle driver
can drive/work on a daily/weekly basis.
Hours of Service in Canada
4
Reason for change
Current HOS rules
:
• Not based on a day (24 hour period);
• Allow 16 hours of driving in a “day”;
• Allow 26 hours of driving in a 30 hour period (using off duty time
reduction);
• Do not limit a driver’s work shift;
• Allow a driver to work everyday;
• And………
Hours of Service in Canada
5
Continued …
Difficulty of identifying the cycle the driver is using

Driver changes cycles whenever he/she wants

No requirement to declare the cycle on the daily log sheet
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6
Principal problems with current the rules
Little rest, long working hours and irregular rest periods.
8 consecutive
hours off-duty
8 consecutive
hours off-duty
8 consecutive
hours off-duty
13
13
3
24-hour period
Off-duty: 8 h
Driving : 16 h (13+3)
Hours of Service in Canada
13
10
6
24-hour period
Off-duty : 8 h
Driving : 16 h (10+6)
7
Continued …
Length of the "work shift"(36 hours).
8 consecutive
hours off-duty
8 consecutive
hours off-duty
6
3
3
3
3
3
3
3
6
12
1
1
2
2
1
2
2
2
1
1
Shift
Length: 36 hours
Off-duty: 21 hours
Driving: 13 hours
Work: 15 hours
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New HOS
• New rules incorporate
• current sleep and fatigue research
• takes into consideration the bodies circadian rhythm,
• driver’s health (opportunity to obtain restorative sleep)
• irregular work shifts and
• sleep debt
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9
The “top 12” changes are...
1.
increase minimum daily off-duty time by 25% (8hrs to 10hrs)
2.
reduce daily on-duty time by 7% (15 hrs to 14 hrs) *w/o deferral
3.
reduce daily driving time by 18% (16 hrs to 13 hrs) *w/o deferral
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 and reset provisions
7.
standards for sleeper berths (split times, design, construction)
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Top 12 changes (con’t)
8. mandatory 24-hour off-duty period in previous 14 days
(regardless of on-duty accumulation)
9. 48 hour averaging
10. allowing drivers to use a CMV for personal use (with
restrictions)
11. shared responsibility for compliance (carrier, driver, dispatch,
tour agency, consultant)
12. additional authority for enforcement officers - “out-of-
service” orders
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The 3 Basic Rules
1.
“Daily” Rules
2.
“Work Shift” Rules
3.
Cycle Rules
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12
1 . What is a “day”
• Day is defined as:
“In respect of a driver, means a 24-hour period that
begins at the hour designated by the motor carrier
for the duration of the driver’s cycle”
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Hours of Service
Daily Requirements
Current
• Drive up to 16 hours in a day
• No limit to on-duty time in a day
• No specified off-duty time for a day
Rule
• Minimum of 10 hours of off-duty
must be taken every day.
• Off-duty periods > 30 mins.
• Maximum of 13 hours driving in a
day. (w/o deferral)
• No driving after 14 hours of on-duty
in a day. (w/o deferral)
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Daily Limits - a simple 3-point
check for compliance
24-hour period
10 hours off-duty
* 8 hours
10
Off-duty ≥ 10
13
11
Driving ≤ 13
No driving
after 14 hours
On-duty
* Not required in the rules for the day
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Hours of Service
Daily Requirements
OFF DUTY > 10
Off-Duty Periods must be at least 30 minutes long or
they do not count toward the 10 hours.
DRIVING < 13
NO DRIVING > 14
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2. What is a “Work Shift”
• Work shift starts at the conclusion of 8 consecutive
hours off duty (or equivalent)
• Work shift ends with the next 8 consecutive hours off
duty (or equivalent)
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Hours of Service
Work Shift Rules
Current
New Rule
• After 13 hours of driving you have to
• After 13 hours of driving you have to
take 8 consecutive hours before you
take 8 consecutive hours before you
can drive again
can drive again
• After 15 hours of on-duty you have to
• After 14 hours of on-duty you have
take 8 consecutive hours before you
to take 8 consecutive hours before
can drive again
you can drive again
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Hours of Service
Work Shift Rules Cont’d
Rule
Current
• No restriction on length of work shift
•
Maximum of 16 hour (elapsed time)
• Off-duty periods extend the time
•
Time period which starts the instant you
are on duty after having just taken
between shifts
minimum 8 hours consecutive 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
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What are the rules for the work shift?
8 consecutive hours
Shift Reset
Hours of Service in Canada
8 consecutive hours
•Work Shift ≤ 16 hours
•Driving time ≤ 13 hours
•No driving after 14 hours on-duty
End
20
Mandatory Off-Duty Time
After 16 Hours Work Shift
WORK SHIFT
8 consecutive hours
14
8
2
Hours of Service in Canada
21
Hours of Service
Deferral Option
Current
• May reduce the 8-consecutive hour
off-duty period to a minimum of 4
Rule
•
Driver may reduce the daily off
duty requirement by the 2 “other”
hours- once in a 7 day period
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.
•
Hours of Service in Canada
Declaration on log
22
Daily Off Duty Time Deferral (48 Hour
Averaging)
Day 1
8
11.5
4.5
10 Hours (8 + the 2 deferred from Day 1)
Day 2
12
11
1
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3. What are the cycles?
• Cycle is defined as:
(a) cycle 1, under which on-duty time is accumulated over a
period of 7 days
(b) cycle 2, under which on-duty time is accumulated over a
period of 14 days
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24
Hours of Service
Cycles
Current
New Rule
• Must be in compliance with 1 of the 3 cycles
• Two cycles (must elect one)
• Three cycles:
• Cycle 1: 70 hours/7 days,
• 60 hours/7 days,
• 70 hours/8 days,
• 120 hours/14 days (24-hour off-duty prior to
75th hour on-duty)
• switching allowed
• Cycle 2: 120 hours/14 days (must
take 24 consecutive hours off-duty
prior to 70th hour)
• cycle switching only allowed after
completing required off-duty period
• Cycle 1: 36 hours (also reset)
• Cycle 2: 72 hours (also reset)
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Illustration of Cycle 1 (70 hrs/7 days)
S
M
T
13 h. 8 h.
1
2
W
T
F
S
12 h. 10 h. 11 h. 0 h.
3
4
5
6
? h.
7
S
3 h.
5
Accumulated
Day 1-6:
54 h
Available:
16 h
M
T
W
13
8 h.
h.
10 h. ? h.
6
Hours of Service in Canada
7
T
F
2
3
M
T
13
8 h.
1
h.
3 h. ? h.
6
W
T
F
S
12 h. 10 h. 11 h. 0 h.
2
3
4
5
7
S
12 h. 10 h. 11 h. 0 h.
1
S
4
Accumulated
Day 1-6:
46 h
Accumulated
Day 1-6:
44 h
Available:
24 h
Available:
26 h
26
Hours of Service
Mandatory 24-hours Off-Duty
Current
• Only required for 14 day cycle
Rule
• Mandatory 24 consecutive hours off
duty in preceding 14 days
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Mandatory 24 hrs. off in preceding 14 days
• to address perceived problem of driving every day of the year
• 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
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Hours of Service
Sleeper Berth
Current
• Commercial motor vehicle (CMV)
Rule
•
Single drivers using a sleeper berth
drivers using a sleeper berth must
must take 10 hours off-duty, but may
take 8 hours off-duty, but may split
split the sleeper-berth time into two
the sleeper-berth time into two
periods provided neither is less than 2
periods provided neither is less than 2
hours
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
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Hours of Service
Sleeper Berth
New Rule
Current
• Commercial motor vehicle (CMV)
•
Must still comply with “Daily
Requirements”:
drivers using a sleeper berth must
take 8 hours off- duty, but may split
•
Maximum of 13 hours driving
the sleeper-berth time into two
•
No driving after 14 hours on-duty
•
Minimum of 10 hours off-duty
periods provided neither is less than 2
hours.
•
No driving after accumulating (prior and
subsequent to the period):
Hours of Service in Canada
•
13 hours driving
•
14 hours on-duty
•
16 hours in the work shift·
30
Sleeper Berth (Single Driver)
3 + 7 = 10 hours
Off-duty ≥ 10
Driving ≤ 13
No driving
after 14 hours
On-duty
•Driving < 13
•No Driving after 14 hours On-Duty
•No Driving after 16th hour since last sleeper period
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Sleeper Berth (Team Driver)
4 + 4 = 8 hours
2
8
12
2
•Driving < 13
•No Driving after 14 hours On-Duty
•No Driving after 16th hour since last sleeper period
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Hours of Service
Sleeper Berth Specifications
Current
• Suitable accommodation,
constructed and maintained for
Rule
• Must meet prescribed standards
specified in Schedule 1
sleeper
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Hours of Service
Contents of Daily Log
Current
Rule
• Date
• Same as old, plus
• Driver (co-driver) name/signature
• Principle place of business
• Carrier name, address
• Cycle declaration
• Unit#’s / License#’s
• 48 hour averaging designation
• Duty Status (grid) – current to
• Personal use
• Odometer reading
• Location of change of duty status
• Km’s driven
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Hours of Service
Contents of Daily Log
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
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Hours of Service
Daily Log Exemption
New Rule
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
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;
• carrier 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
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Record keeping requirements - Local
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On-duty Status Records (Example 2)
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Hours of Service
Personal Use Exemption
Current
Rule
• Driving time means all time spent at the •
controls of a CMV operated on a
highway- driver must show as
“DRIVING”
Is not considered to be “On Duty”
provided that:
•
CMV is unloaded
•
Not towing a trailer
•
Maximum of 75 km/day
•
Odometer readings are recorded
•
Driver is not subject of an OOS
declaration
Hours of Service in Canada
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Hours of Service
Responsibilities
Current
• Driver and Operator are responsible
to ensure compliance
Hours of Service in Canada
Rule
• No person shall permit, or request a
person to contravene the regulation
40
Questions?
Hours of Service in Canada
41

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