Alberta’s Provincial Drivers Hours of Service for School Buses

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)

Disclaimer 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:

Purpose 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 3 3

Section 1: Overview 4

What will I learn in this section?
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

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 Collisions: It is estimated that over 85% of all collisions involving commercial vehicles are caused directly or indirectly by the driver Fatigue: Many of these collisions involve the driver being fatigued and falling asleep or making poor decisions 6 6

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) Bus means a commercial vehicle that is designed for carrying 11 or more persons, including the person driving the vehicle and that is used or intended to be used for the transportation of persons. A carrier is defined in section 130(1)(b) of the Traffic Safety Act that states: “carrier” means an owner of a commercial vehicle in respect of which a certificate is issued or who holds a certificate or is required to hold a certificate.” 7

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 drivers Volunteer drivers (e.g. teacher, parent, etc.) Spare/casual drivers Maintenance staff who test drive (mechanics) Owner/management or administrative staff who drive (e.g. principal, office staff) Section 2(2) the Alberta HOS Regulations states: “This Regulation applies to a driver with respect to the operation of the following vehicles: (a) a bus; (b) in the case of a vehicle other than a bus, a vehicle that is registered under the Act for a gross weight of 11,794 or more kilograms.”

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 Section 18 of the Commercial Vehicle Safety Regulation (CVSR) identifies the compliance standards for a school bus and Sections 19 and 20 covers the limitations on the use of a School Bus. Section 21 of CVSR specifies what to do when a vehicle is no longer going to operate as a school bus.

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. Check Module 2 of Alberta Transportation's Educational Manual for more information on the National Safety Code and on Operating Status of carriers when they are required to have a Safety Fitness Certificate from Alberta Transportation. It’s available on their website at:

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). What is NSC? The National Safety Code (NSC) standards serve as guidelines to each province or territory for the preparation and adoption of legislation to guide and regulate commercial carriers. It is the provincial legislation and applicable federal legislation which directs carrier operations within each province, not the NSC Standards. Carriers must comply with the legislated requirements within each province. Since many carriers operate outside of their home province, the NSC is a useful means of standardizing these requirements. A complete copy of the standards is available on the Canadian Council of Motor Transport Administrators (CCMTA) website at:

Commercial Vehicles that Fall Under the Provincial Regulations
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

Provincial Safety Fitness Certificate
More information on Operating Status is available on the department’s website at: This includes a form that carriers can use to request changing their status.

Federal Safety Fitness Certificate

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®

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 © Microsoft®

Commercial Vehicles Excluded from the Provincial Regulations
Commercial vehicle with total registered gross vehicle weight of 11,793 kilograms or less (including trailer combinations) Vehicles that fall under the 11, 794 kgs threshold and operate only provincially are not part of the National Safety Code program although they would still be required to register as a commercial vehicle. © Microsoft® Total Registered Gross Vehicle Weight ≤ 11,793 kilograms

Emergency vehicles Fire-fighting vehicle, ambulance, police vehicle, or other vehicle used during an emergency Tow trucks are not an emergency vehicle These vehicles are only exempted from the hours of service regulation. All other applicable regulations must still be met. © Microsoft®

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 Section 2 (3) Drivers Hours of Service Regulation (AR 317/2002) states: “(3) Notwithstanding subsections (1) and (2), this Regulation does not apply to a driver or carrier with respect to the operation of a vehicle (a) that is an emergency vehicle as defined in the Act, (b) that is engaged in the transportation of goods or passengers for the purpose of providing relief in the case of a natural disaster or a disaster caused by human intervention, (c) that is being used primarily to transport an agricultural product where the driver of the vehicle (i) is a bona fide farmer who owns or produced that agricultural product, or (ii) is an employee of that farmer, (d) that is a 2- or 3-axle vehicle that is primarily used for the transportation of primary products of a forest, lake or river, where the driver or the driver’s employer is the producer of those primary products, (e) that is a recreational vehicle, (f) that is an urban transit bus, (g) that is equipped with (i) a mounted mobile service rig, or (ii) equipment that is directly used in the operation or the transportation of a mounted mobile service rig, or (h) that is exempted by the Registrar.” © Microsoft®

Municipality’s public transit service bus Travels within 25 kilometres of boundary of a municipality A Recreational Vehicle © Microsoft®

Section 2: Responsibilities

Driver responsibilities Employee responsibilities Motor carrier management responsibilities © Microsoft®

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®

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 Section 144 of Alberta’s Traffic Safety Act states, in part, that where a person other than the carrier performs a “related function” in respect of that commercial vehicle, and as a result of carrying out that related function this Act is not complied with, that person and the carrier are jointly and severally liable for that non-compliance unless it can be proved to the satisfaction of the court that the non-compliance occurred without the consent, expressed or implied, of that person/carrier. A “related function” would include: • Loading goods on or into a commercial vehicle; • Adjusting or rearranging goods being carried by a commercial vehicle; • Unloading or removal goods from a commercial vehicle; • Providing documentation or records, other than motor vehicle documents, with respect to the operation of a commercial vehicle; and • Giving directions, directives, instruction or orders respecting the operation of the commercial vehicle. © Microsoft®

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 © Microsoft®

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®

Section 3: Driver Activities

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 © Microsoft® 28 28

What activities do commercial vehicle drivers perform in a day?
© Microsoft® 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

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

“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 On-duty time is ANY work performed for the carrier. This would include teaching time if the driver is a teacher employed by the school board and the board is a carrier. Section 4 of the Alberta HOS regulations states: For the purposes of this Regulation, a driver is on duty during any period of time that the driver is (a) checking in or preparing reports at the commencement or termination of a work shift, (b) inspecting, servicing, repairing, conditioning or starting a vehicle, (c) driving a vehicle, (d) in the case of a vehicle that is being operated by co-drivers, traveling as one of the drivers, except the time that the driver spends resting en route in a sleeper berth, (e) participating in the loading or unloading of a vehicle, (f) inspecting or checking the load of a vehicle, (g) waiting, at the request of the carrier by whom the driver is employed or otherwise engaged, for a vehicle to be serviced, loaded or unloaded, (h) waiting for a vehicle or load to be checked at customs, at a vehicle inspection station or by a peace officer, (i) at the request of the carrier by whom the driver is employed or otherwise engaged, travelling 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, (j) waiting at a point en route due to an accident involving the vehicle that the driver is operating or other unplanned event, or (k) at the request of the carrier by whom the driver is employed or otherwise engaged, waiting in readiness for work at any place other than (i) a private residence, or (ii) a motel, hotel or other similar place of rest, where the accommodation is provided by the carrier.

“Off-duty time” Any time other than on-duty time
Off-duty time is when the driver has NO responsibilities for the vehicle or to the carrier. Buses parked at a driver’s home would not make the driver “responsible” for the purpose of this regulation. Section 5 of the Alberta HOS regulations states: 5(1) Subject to subsections (3) and (4), a carrier shall not permit a driver to commence a work shift unless the driver has been off duty for at least 8 consecutive hours immediately prior to commencing the work shift. (2) Subject to subsections (3) and (4), a driver shall not commence a work shift unless the driver has been off duty for at least 8 consecutive hours immediately prior to commencing the work shift. (3) Where a driver is driving a vehicle that is equipped with a sleeper berth, the driver may take the time off duty referred to in subsections (1) or (2) in 2 periods of rest if neither of the 2 periods of rest is less than 2 hours, (b) the aggregate of the time spent resting in the sleeper berth immediately preceding and immediately following the time on duty is at least 8 hours in total, and (c) the aggregate of the driving time immediately preceding and immediately following the resting time in the sleeper berth does not exceed 13 hours in total. (4) Subject to subsections (5) and (6), where the last work shift of a driver did not exceed 15 hours, the number of hours that the driver is off duty before the driver commences the driver’s next work shift may be reduced to not less than 4 hours if the total consecutive hours that the driver will be off duty immediately following that next work shift will not be less than 8 hours plus the number of hours by which the driver’s time off duty had been reduced before the driver had commenced that next work shift. (5) A driver’s time off duty may only be reduced under subsection (4) once in any period of 7 consecutive days. (6) If the Registrar is of the opinion that a reduction under subsection (4) of the number of hours that a driver is off duty will jeopardize or is likely to jeopardize the safety or health of the driver, the Registrar may (a) direct that off duty time not be reduced under subsection (4), or (b) specify the minimum number of hours that the driver must be off duty before the driver commences the driver’s next work shift. © Microsoft®

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

Off-Duty Time, Other Than in a Sleeper Berth
Examples: Meal break Rest break Sleep Work performed for an organization other than a motor carrier Vacation time Days off (e.g. weekends) © Microsoft®

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! See section 5(3) of the HOS regulations for information on sleeper berth: (3) Where a driver is driving a vehicle that is equipped with a sleeper berth, the driver may take the time off duty referred to in subsections (1) or (2) in 2 periods of rest if (a) neither of the 2 periods of rest is less than 2 hours, (b) the aggregate of the time spent resting in the sleeper berth immediately preceding and immediately following the time on duty is at least 8 hours in total, and (c) the aggregate of the driving time immediately preceding and immediately following the resting time in the sleeper berth does not exceed 13 hours in total.

Driving Time Driver operates or controls a commercial vehicle
Example: - Driving a school bus Section 1(e) of the Alberta HOS regulations defines: “driving time” means the period of time during which The driver is occupying the position in the vehicle that is normally occupied by a person driving the vehicle, and the vehicle is in motion

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) Section 4 Drivers’ Hours of Service Regulation (AR 317/2002) identifies on-duty time. © Microsoft®

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

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 In the definition section of the Drivers’ Hours of Service Regulations (AR 317/2002) a “Daily log” means a daily record maintained pursuant to sections 9 and 10 and the Schedule of the regulation. Review these sections for a complete understanding of the information that needs to be shown on the log, and how to enter that information and when it’s required to be entered (e.g. start of trip, during trip, at end of the trip).

What is a logbook and how is it used?
Sample log You can use this blank sample log during student exercises.

The “grid” is shown here for training purposes
Daily grid This grid is defined in the Schedule of the regulations and cannot be altered in any significant way by a carrier. For example, a carrier can’t delete the row for sleeper berth times even if none of their vehicles have sleeper berths.

Daily Grid Example Time 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 Supervise loading of vehicle On-duty, other than driving time 4 hours Drive Driving time Eat lunch Eat supper 2 hours Supervise unloading of vehicle, maintain vehicle and complete paperwork Relax and sleep

Daily Grid Example © Microsoft®

Section 4: Daily Limits

Definition of a workshift Driving time limit Off-duty time requirement © Microsoft®

≥ 8 consecutive off-duty hours ≥ 8 consecutive off-duty hours
What is a workshift? Period of time between 2 periods of 8 consecutive hours off duty Core Rest Period ≥ 8 consecutive off-duty hours Workshift Core Rest Period ≥ 8 consecutive off-duty hours Section 1(n) of the HOS regulations defines a workshift: “work shift” means the period of time during which a driver is on duty. © Microsoft® © Microsoft®

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

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 Section 6 Drivers’ Hours of Service Regulations (AR 317/2002) 6(1) Except as permitted by this Regulation, a carrier shall not permit a driver during the driver’s work shift (a) to exceed 13 hours of driving time, or (b) to drive at any time after the driver has been on duty for 15 or more consecutive hours. (2) Except as permitted by this Regulation, a driver shall not during the driver’s work shift (a) exceed 13 hours of driving time, or (b) drive at any time after the driver has been on duty for 15 or more consecutive hours. STOP DRIVING AFTER 13 HOURS DRIVING

Driving Time 8:00 – 13:00 5 hours 14:00 – 19:00 5 hours 20:00 – 23:00 3 hours Total 13 hours  Total Driving Time ≤ 13 hours

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 Again see Section 6 of the Alberta HOS regulations. 6(1) Except as permitted by this Regulation, a carrier shall not permit a driver during the driver’s work shift (a) to exceed 13 hours of driving time, or (b) to drive at any time after the driver has been on duty for 15 or more consecutive hours. (2) Except as permitted by this Regulation, a driver shall not during the driver’s work shift (a) exceed 13 hours of driving time, or (b) drive at any time after the driver has been on duty for 15 or more consecutive hours. STOP DRIVING AFTER 15 HOURS ON-DUTY

15

On-Duty Time 8:00 – 13:00 5 hours 14:00 – 19:00 5 hours 20:00 – 24:00 4 hours Total 14 hours  Total On-Duty Time ≤ 15 hours

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 Section 7 of the Alberta HOS regulations. 7(1) A driver may continuously drive a vehicle (a) for a period of time of up to 4 consecutive hours 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 (b) for a period of time that exceeds that permitted under clause (a) but does not exceed 6 consecutive hours 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. (2) A carrier shall not permit a driver to drive a vehicle unless the driver takes time off duty or non-driving time as required under subsection (1). (3) A driver of a vehicle shall not drive the vehicle unless the driver takes time off duty or non-driving time as required under subsection (1).

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 A carrier shall not permit a driver to drive a vehicle unless the driver takes the required off duty time. A driver of a vehicle shall not drive the vehicle unless the driver takes the required off duty time. Section 5 of the Alberta HOS regulations states: 5(1) Subject to subsections (3) and (4), a carrier shall not permit a driver to commence a work shift unless the driver has been off duty for at least 8 consecutive hours immediately prior to commencing the work shift. (2) Subject to subsections (3) and (4), a driver shall not commence a work shift unless the driver has been off duty for at least 8 consecutive hours immediately prior to commencing the work shift.

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! See Section 5(4) of the Alberta HOS regulations. (4) Subject to subsections (5) and (6), where the last work shift of a driver did not exceed 15 hours, the number of hours that the driver is off duty before the driver commences the driver’s next work shift may be reduced to not less than 4 hours if the total consecutive hours that the driver will be off duty immediately following that next work shift will not be less than 8 hours plus the number of hours by which the driver’s time off duty had been reduced before the driver had commenced that next work shift.

Off-Duty Requirement 8

Off-Duty Requirement Off-Duty Time 0:00 – 8:00 8 hours 13:00 – 14:00 1 hour 19:00 – 20:00 1 hours Total 10 hours  Total Off-Duty Time ≥ 8 hours

Summary of Driving Limits and Off-Duty Requirement

Summary of Driving Limits and Off-Duty Requirement (cont’d)
No driving after 15 hours on-duty

Summary of Driving Limits and Off-Duty Requirement (cont’d)
8 hours of consecutive off-duty time

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. 62 62

Section 5: Exemptions

Emergencies Adverse driving conditions Traveling as a passenger © Microsoft®

Adverse driving conditions Driver traveling as a passenger
© Microsoft® Situations when a driver is exempt from driving, on-duty or off-duty limits: Emergencies Adverse driving conditions Driver traveling as a passenger

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

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 Section 6(4) AR 317/2002 states; (4) Where the safety of an occupant of a vehicle, the goods being transported by a vehicle or a vehicle itself is in jeopardy, the driver of the vehicle may exceed the number of hours that the driver is permitted to drive under this Regulation in order to reach a place of safety for the person, goods or vehicle, as the case may be.

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®

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 Section 6 (3) states; (3) A driver may, in the case of unexpected adverse driving conditions, exceed by not more than 2 additional hours the number of hours that the driver is permitted to drive under this Regulation if the trip as originally planned could have been completed within the driving time or the time on duty specified by subsection (2). Daily Driving Limit 13 hours + 2 hours = 15 hours Daily On-Duty Limit 15 hours + 2 hours = 17 hours

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

Example

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. Section 4(i) of the Alberta HOS regulations says that on-duty time includes: (i) At the request of the carrier by whom the driver is employed or otherwise engages, 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

Section 6: Daily Logs

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

© Microsoft® 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 See Sections 9(1) and 9(2) of the Alberta HOS regulations. 9(1) Subject to section 10, a carrier shall ensure that for each work day, a daily log is maintained by every driver employed or otherwise engaged by the carrier. (2) Subject to section 10, every driver shall, for each work day that the driver is engaged as a driver, maintain a true and accurate daily log in duplicate.

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 © Microsoft® See Section 9(3), (3) The following information must be entered in a daily log: (a) a graph grid in the form set out in the Schedule; (b) the date; (c) the odometer reading at the commencement of driving; (d) the total number of kilometres or miles driven by the driver during the work day; (e) in the case where a vehicle is being operated by co-drivers, the total number of hours that the vehicle has traveled during a work day; (f) the vehicle’s unit or licence plate number; (g) the name of the carrier for whom the driver worked during the work day; (h) the name and signature of the driver; (i) the name of any co-driver; (j) the time of commencement of the work shift and the location at which the driver commenced the work shift; (k) the address of the principal place of business and of the home terminal of each carrier for whom the driver is employed or otherwise engaged during the work day.

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 See Section 9(4), (4) The information required by subsection (3) must be entered in the daily log, (a) in the case of the graph grid referred to in subsection (3)(a), at each change in a duty status referred to in the Schedule, (b) in the case of the information referred to in subsection (3)(b) and (f) to (k), at the commencement of the work shift, (c) in the case of the information referred to in subsection (3)(c), at the commencement of driving, and (d) in the case of the distance driven or hours traveled referred to in subsection (3)(d) and (e), at the end of the work day.

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®

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) See Section 13, 13(1) Where a driver is required to maintain a daily log, a carrier shall not permit the driver to drive a vehicle unless the driver has in the driver’s possession in the vehicle, (a) for the driver’s current work shift and the 2 previous days, the original and one duplicate of the daily log that the driver is required to maintain, and (b) the documents and receipts required by section 11. (2) Where a driver is required to maintain a daily log, the driver shall not drive a vehicle unless the driver has in the driver’s possession in the vehicle, (a) for the driver’s current work shift and the 2 previous days, the original and duplicate of the daily log that the driver is required to maintain, and (3) Every driver shall, on request by a peace officer, produce forthwith to the peace officer for inspection (a) the daily logs, and (b) the documents and receipts referred to in section 11, that the driver is required to have in the driver’s possession in the vehicle.

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 Section 15 & 16 AR 317/2002 Distribution of daily logs 15(1) Where a driver is employed or otherwise engaged by more than one carrier in a calendar day, the driver shall forward a copy of the daily log for that day to each carrier by whom the driver was employed or otherwise engaged. (2) A driver shall, within 20 days from the day that a daily log is completed, forward the original of the daily log to the home terminal of the driver or to the principal place of business of the carrier by whom the driver was employed or otherwise engaged. Retention of records by carrier 16(1) A carrier shall retain at its principal place of business (a) every copy of the daily log that is forwarded to the carrier pursuant to section 15(1), and (b) every daily record referred to in section 15(2), for a period of at least 6 months from the date that the information is recorded in the daily log. (2) A carrier (a) shall retain the daily records and daily logs referred to in subsection (1) in a neat and orderly manner, and (b) shall, on request by a peace officer, produce forthwith to the peace officer the daily records and logs for inspection. (3) A carrier shall, within 30 days after it has received the original copy of a daily log pursuant to section 15, place the original copy of the daily log at the location where the carrier retains the records relating to its drivers or at such other location as may be approved in writing by the Registrar. © Microsoft®

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 Section 9(2) states; (2) Subject to section 10, every driver shall, for each work day that the driver is engaged as a driver, maintain a true and accurate daily log in duplicate. Section 14 states; No driver shall maintain more than one daily log for each calendar day. Section 19 states; No person shall knowingly falsify or enter false information into a daily log.

Section 7: Radius Exemption – 160 Kilometer Radius

Application of daily log record exemption Record of duty status Documentation requirements for drivers utilizing this exemption © Microsoft®

Some drivers may qualify for a daily log exemption
© Microsoft® 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?

What criteria must a driver meet to qualify for a daily log exemption?
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. Section 12 states; 12(1) Notwithstanding sections 9 and 10, a daily log is not required to be maintained where all of the following conditions exist: (a) the driver does not operate beyond a radius of 160 km from the home terminal of that driver; (b) the driver returns to the home terminal and is released from work within 15 hours from the commencement of the driver’s work shift; (c) the carrier that employs the driver maintains and retains for a period of 6 months accurate time records showing the time that the driver reports to commence the driver’s work shift and the time that the driver is released from work.

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

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

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®

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)

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) Section 12(2) states; (2) Notwithstanding subsection (1), if one or more of the conditions under which a person is excused from maintaining a daily log ceases to exist, (a) the carrier shall, on that condition ceasing to exist, comply with section 9 or 10, as the case may be, and (b) the driver shall, (i) on that condition ceasing to exist, commence keeping a daily log, and (ii) record in the daily log the total number of hours on duty accumulated by the driver during the 7 days immediately preceding the day on which that condition ceased to exist.

Section 8: Time Records

This is an example of instructions regarding completing daily time records.

An example of a table designed to collect daily time record information.

Section 9: Responsibilities

© Microsoft® 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?

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

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

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

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

Produce Daily Logs and Supporting Documents for Inspection
Motor carrier must make available for inspection: Daily logs, supporting documents and other relevant records © Microsoft®

Section 10: Enforcement

What may happen if a driver is not in compliance?
© Microsoft® 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?

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)

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 Drivers on the road who cannot produce the requested records are subject to being placed Out of Service. Drivers driving beyond the Hours of Service limitations are subject to prohibition of driving by a Peace Officer until such a time that they have enough hours available to proceed. Under the Provincial legislation, a driver can be place Out of Service for up to 8 consecutive hours or for the time required to correct the violation, depending on the violation. © Microsoft®

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 documentation is produced

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 documentation is produced © Microsoft®

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)

QUESTIONS?

Alberta’s Provincial Drivers Hours of Service for School Buses

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Alberta’s Provincial Drivers Hours of Service for School Buses

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