Presentation on theme: "Alberta’s Provincial Drivers Hours of Service for School Buses"— Presentation transcript:
1Alberta’s Provincial Drivers Hours of Service for School Buses Alberta Drivers’ Hours of Service Regulation (AR 317/2002)Traffic Safety ActDeveloped in cooperation by the Alberta School Bus Safety Committee and Alberta Transportation for delivery through the Alberta Student Transportation Advisory Council (ASTAC)
2DisclaimerEvery 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:
3PurposeIt’s been recognized that fatigue related collisions do occur in all transportation industries, including school bus operationsThese collisions can be reduced or even prevented completely if the driver and their supervisor are fully aware of their legal responsibilitiesThis basic course covers the minimum criteria that a professional driver needs to knowThe complete presentation should take approximately 4 hours and, to satisfy due diligence expectations, it may include successful completion of an exam to demonstrate learning33
4Alberta’s Provincial Drivers Hours of Service for School Buses Section 1: Overview4
5What will I learn in this section? Why the hours of service regulations are in placeDefinitions: carrier, driver, school busCommercial vehicles that apply to the Provincial RegulationsCommercial vehicles that are excluded from Provincial Regulations
6Why are the Hours of Service Regulations in Place? Reduce or prevent collisionsReduce or prevent fatigue incidentsThe Hours of Service regulations are intended to help reduce driver fatigue and prevent the NEXT collisionCollisions:It is estimated that over 85% of all collisions involving commercial vehicles are caused directly or indirectly by the driverFatigue:Many of these collisions involve the driver being fatigued and falling asleep or making poor decisions66
7Who is a carrier?An individual or a company who transports passengers by busOperates a vehicle for commercial purposesA “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
8Who is considered a driver? A “driver” is anyone “who is driving or is in actual physical control of a vehicle” including:Full-time and part-time driversVolunteer drivers (e.g. teacher, parent, etc.)Spare/casual driversMaintenance staff who test drive (mechanics)Owner/management or administrative staff who drive (e.g. principal, office staff)Section 2(2) the Alberta HOS Regulations states:“This Regulation applies to a driver with respect to theoperation of the following vehicles:(a) a bus;(b) in the case of a vehicle other than a bus, a vehicle that isregistered under the Act for a gross weight of 11,794 ormore kilograms.”
9What is a “School Bus”?A “School Bus” can be used to transport pupils:To/from schoolTo/from field trips or similar functions if trip is authorized in writing by principal and a copy is with the bus driverFor 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 contractSection 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.
10What 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 reasonSuch a vehicle includes:A passenger vehicle originally designed to transport 11 or more persons, including the driver; andA truck/trailer registered for a combined weight of 4,501 kilograms or moreNote: 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:
11What is the difference between a ‘Federal’ and ‘Provincial’ Carrier? A “Provincial” carrier is one who has no NSC vehicle that leaves AlbertaSuch a vehicle includes:A passenger vehicle originally designed to transport 11 or more persons, including the driver; andA truck/trailer with a gross weight of 11,794 kgs or moreExample: 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:
12Commercial 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
13Provincial 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.
30What is a “duty status”? Four categories of duty status: Off-duty time, other than time spent in a sleeper berthOff-duty time spent in a sleeper berthDriving time (on-duty time)On-duty time, other than driving timeNote: there is not necessarily a direct relationship between duty status and a driver’s paid time
31“On-duty time”Begins when driver starts work or is required by a carrier to be available for workDoes 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 carrierOn-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.
33Off-Duty Time, Other Than Time Spent in a Sleeper Berth Driver has the freedom to do whatever driver wants to doDriver is relieved of all duty, responsibility and obligation for care and custody of vehicle, its accessories, and any passengers or cargo it may be carryingDriver has freedom to leave vehicle to do something else
35Off-Duty Time Spent in a Sleeper Berth Driver is in sleeper berth areaSleeper berth is in the cab or passenger compartment of commercial vehicleThere are specific dimensions and environmental requirements for sleeper berthsNote: 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.
36Driving Time Driver operates or controls a commercial vehicle Example: - Driving a school busSection 1(e) of the Alberta HOS regulations defines:“driving time” means the period of time during whichThe driver is occupying the position in the vehicle that is normally occupied by a person driving the vehicle, andthe vehicle is in motion
38On-Duty, Other Than Driving Time Traveling in a commercial vehicle as a co-driverTraveling as a passenger in a commercial vehicle to a point where the driver will begin drivingPerforming any other work for a motor carrier such as completing paperwork, teaching, coaching or attending training
39What is a logbook and how is it used? Logbook is used to record driver’s duty status activitiesEach page in a logbook records one day’s (24 hours) activitiesObtain logbooks from carriers or purchase them at truck stops, stationary stores or commercial printing companiesIn 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).
40What is a logbook and how is it used? Sample logYou can use this blank sample log during student exercises.
41The “grid” is shown here for training purposes Daily gridThis 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.
42Daily Grid Example Time Driver Activity Duty Status 8 hours Sleep Off-duty time other than time spent in a sleeper berth1 hourEat breakfast and drive to motor carrierSupervise loading of vehicleOn-duty, other than driving time4 hoursDriveDriving timeEat lunchEat supper2 hoursSupervise unloading of vehicle, maintain vehicle and complete paperworkRelax and sleep
48Workshift Driving Time Limit No driving after 13 hours of driving in a workshiftDriving periods may start and stop throughout dayTotal Driving Time in a workshift ≤ 13 hoursSection 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
50Workshift Driving Time Limit 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
51Workshift On-Duty Time Limit No driving after 15 hours On-Duty Time in a workshiftOn-Duty Time = “Driving Time” + “On-Duty Time Other Than Driving”Total On-Duty Time ≤ 15 hoursAgain 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
53Workshift On-Duty Time Limit 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
54Time 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 ORfor 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 timeSection 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).
55How many hours does a driver need to be off-duty? Required RestMust 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 againA 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.
56How many hours does a driver need to be off-duty? Reduced Rest ProvisionA 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 andThe 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.
58Off-Duty RequirementOff-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
59Summary of Driving Limits and Off-Duty Requirement
60Summary of Driving Limits and Off-Duty Requirement (cont’d) No driving after 15 hours on-duty
61Summary of Driving Limits and Off-Duty Requirement (cont’d) 8 hours of consecutive off-duty time
62Summary of Workshift Limits No driving after 13 hours drivingNo driving after 15 hours on-dutyAt least 8 consecutive hours off-duty before driver can drive again; and10 consecutive minutes non-driving after 4 hours of continuous driving; or30 consecutive minutes of non-driving after 6 hours of continuous driving.6262
63Alberta’s Provincial Drivers Hours of Service for School Buses Section 5: Exemptions
66What is an emergency?Sudden, urgent, unexpected situation that requires immediate actionSafety or security of the people or the vehicle are at riskDoes not include driver’s desire to get home, passenger demands, loading/ unloading delays or a shortage of drivers
67What can a driver do in an emergency? Driving, on-duty and off-duty limits do not apply in an emergencyDrive to the first available safe locationRemove persons and load from emergency situationRecord emergency in “Remarks” section of daily logSection 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.
69What can a driver do in adverse driving conditions? Increase driving and on-duty time by no more than 2 hoursThis provision only applies if the trip as originally planned could have been completed within the driving time and on-duty time limits as previously coveredSection 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 Limit13 hours + 2 hours= 15 hoursDaily On-Duty Limit15 hours + 2 hours= 17 hours
70What can a driver do in adverse driving conditions? Driver must stop driving after 17 hours of total on-duty time in a workshiftDriver must stop after 15 hours of drivingRecord adverse driving conditions in the “Remarks” section of daily log
72When 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
73Alberta’s Provincial Drivers Hours of Service for School Buses Section 6: Daily Logs
77What is required in a daily log? 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 obtainedUpdated 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 conditionsSee 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 workshift,(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 thework day.
79What 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 daysDaily log for current day, completed up to time when last change of duty status occurredAny 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 isrequired 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.
81What are the rules regarding the tampering with daily logs? Daily log tampering violations:Driver keeps more than one daily log for any dayDriver records inaccurate information in daily log (handwritten or electronic device)Driver falsifies, mutilates or defaces daily log or supporting documentsOfficer can take enforcement action for any of these types of violationsSection 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.
82Alberta’s Provincial Drivers Hours of Service for School Buses Section 7: Radius Exemption – 160 Kilometer Radius
85What 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 driverThe driver returns to the home terminal and is released from work within 15 hours from the commencement of the driver’s work shiftThe 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 showingthe time that the driver reports to commence the driver’s work shift and the time that the driver is released from work.
86What criteria must a driver meet to qualify for a daily log exemption? 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 carrierA 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
87What criteria must a driver meet to qualify for a daily log exemption? 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 RegulationsThe exception applies only to the requirement of maintaining a logbook
89What 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)
90What 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 exemptionRecord 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.
91Alberta’s Provincial Drivers Hours of Service for School Buses Section 8: Time Records
98What are the driver’s responsibilities? Complete accurate daily logs and time records, as applicableForward originals to carrier within 20 daysIf driver is employed by 2 or more carriers, the driver is required to provide each carrier with copy of all logsKeep 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
99What are the motor carrier’s responsibilities? Distribute and keep daily logs and time recordsPrevent tampering with daily logs and time recordsProduce daily logs and supporting documents for inspectionNote: to meet due diligence expectations, carriers are urged to monitor the compliance of their drivers and take action(s) as needed
100Distribute 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
101Prevent Daily Log Tampering No one may alter a daily log, electronic log, time record or scanned documentIf Safety Officer finds an error on a daily log and wants to “correct” a log, they must copy log and edit the copyNo one may alter or destroy an original record because it is a legal document
106Violation Driver exceeds driving time limits Driver may not drive until after the number of hours needed to return the driver to complianceDriver fails to meet off-duty time requirementDriver may not drive until after the number of hours needed to return the driver to compliance (e.g. complete 8 consecutive hours off duty)
108ViolationEvidence that driver completed more than one daily log, entered inaccurate information in the daily log or falsified information in the daily logDriver may not drive until after required documentation is produced
110What 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)
111Alberta’s Provincial Drivers Hours of Service for School Buses QUESTIONS?