February 2007 Commercial Vehicle Drivers Hours of Service Module 23: Enforcement Action.

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Presentation transcript:

February 2007 Commercial Vehicle Drivers Hours of Service Module 23: Enforcement Action

Commercial Vehicle Drivers Hours of Service Module Inspectors can use a five-step guide to check for compliance with Regulations How does an officer check for compliance? What happens if a driver is not in compliance? © Microsoft®

Commercial Vehicle Drivers Hours of Service Module What will I learn in this module? Compliance checks Enforcement action © Microsoft®

Commercial Vehicle Drivers Hours of Service Module How can an officer check for compliance with the Regulations? Five-step guide to check for compliance: Ensure log is current to last change of duty status Ensure logbook is true and accurate Check the day Check the work shift Check the cycle © Microsoft®

Commercial Vehicle Drivers Hours of Service Module Step 1 - Ensure the Log Is Current to Last Change of Duty Status Note time when driver was stopped Note time and date of last entry in logbook (copy log and then allow driver to update logbook from last change of duty status to time when driver stopped) If driver claims to be a 160-kilometre radius exemption driver, check criteria (Module 18) Be aware that times recorded in logbook reflect local time at driver’s home terminal

Commercial Vehicle Drivers Hours of Service Module Step 1 - Ensure the Log Is Current to Last Change of Duty Status Check logbook form and manner (check for required entries) Ensure full 24 hours recorded for each day Check that driver possesses daily log for current day plus copies of daily logs for previous 14 days (refer to Module 17) Check that driver has supporting documentation for current trip © Microsoft®

Commercial Vehicle Drivers Hours of Service Module Step 2 - Ensure Logbook Is True and Accurate Review bills of lading, fuel receipts, trip permits, toll receipts, custom documents, violation notices, inspection reports, payroll records, meal receipts, and then compare dates, times, and locations with those in logbook Check distance traveled against driving time © Microsoft®

Commercial Vehicle Drivers Hours of Service Module Step 2 - Ensure Logbook Is True and Accurate Question driver about discrepancies between logbook and supporting documents If discrepancy can’t be resolved, determine if the driver produced a false logbook or an inaccurate logbook If inspector determines logbook is false, driver can be placed out-of-service (refer to Enforcement Action later in this module)

Commercial Vehicle Drivers Hours of Service Module Step 2 - Ensure Logbook Is True and Accurate If driver continues to produce false logbook on subsequent demands, driver not permitted to drive (out-of-service) Once driver produces true and accurate logbook, continue with steps 3 - 5

Commercial Vehicle Drivers Hours of Service Module Step 3 – Check the Day No driving after 13 hours driving No driving after 14 hours on-duty At least 10 hours off-duty before driver can drive again  8 consecutive off-duty hours (i.e., core rest period)  2 additional off-duty hours (blocks ≥ 30 minutes) that are not part of 8 consecutive hours © Microsoft®

Commercial Vehicle Drivers Hours of Service Module Step 3 – Check the Day If driver used deferral of off-duty time option: Total driving time in 2 days ≤ 26 hours Total off-duty time in 2 days ≥ 20 hours At least 8 consecutive hours off-duty in Day 1  10 consecutive hours plus 2 additional hours off-duty in Day 2

Commercial Vehicle Drivers Hours of Service Module Step 4 – Check the Work Shift No Sleeper Berth (Module 6) No driving after 13 hours driving in a work shift No driving after 14 hours on-duty in a work shift No driving after 16 hours elapsed time © Microsoft®

Commercial Vehicle Drivers Hours of Service Module Step 4 – Check the Work Shift Single Driver Using Sleeper Berth (Module 8) No driving after 13 hours driving on either side of each eligible sleeper berth period No driving after 14 hours on-duty on either side of each eligible sleeper berth period No driving after 16 hours elapsed time on either side of each eligible sleeper berth period (excluding time in eligible sleeper berth period) (Eligible sleeper berth period ≥ 2 hours and total for 2 eligible sleeper berth periods ≥ 10 hours)

Commercial Vehicle Drivers Hours of Service Module Step 4 – Check the Work Shift Team Drivers Using Sleeper Berth (Module 8) No driving after 13 hours driving on either side of each eligible sleeper berth period No driving after 14 hours on-duty on either side of each eligible sleeper berth period No driving after 16 hours elapsed time on either side of each eligible sleeper berth period (excluding time in eligible sleeper berth period) (Eligible sleeper berth period ≥ 4 hours and total for 2 eligible sleeper berth periods ≥ 8 hours. Require 2 additional hours of off-duty time)

Commercial Vehicle Drivers Hours of Service Module Core Rest Options TypeOptionDescription Single Driver – No Sleeper Berth 18 consecutive and uninterrupted hours off- duty Single Driver – Sleeper Berth 110 consecutive and uninterrupted hours off-duty in the sleeper berth 2Two separate eligible sleeper berth periods that total 10 hours, with each period in the sleeper berth a minimum of 2 hours duration Team Drivers – Sleeper Berth 18 consecutive and uninterrupted hours off- duty in the sleeper berth 2Two separate eligible sleeper berth periods that total 8 hours, with each period in the sleeper berth a minimum of 4 hours duration

Commercial Vehicle Drivers Hours of Service Module Step 5 – Check the Cycle Cycle 1 - limit of 70 hours on-duty time over a period of 7 consecutive days Cycle 2 - limit of 120 hours of on-duty time over a period of 14 consecutive days (with at least 24 consecutive hours off-duty time before reaching 70 hours of on-duty time) Day Off Regardless of Cycle – 24 consecutive hours off-duty in preceding 14 days

Commercial Vehicle Drivers Hours of Service Module Number of days in Cycle Calendar date Total on- duty hours Total hours accumulated Total Hours___________ Hours Over __________ Date eligible to drive _________ for _____________hours

Commercial Vehicle Drivers Hours of Service Module What enforcement action is available to inspector? Issue a verbal warning to driver explaining violation(s) Issue a written warning (Commercial Vehicle Inspection Report) to driver outlining violation(s)  Report can also serve as out-of-service declaration (Module 20)

Commercial Vehicle Drivers Hours of Service Module What enforcement action is available to officer? Issue an appearance notice to driver and then complete a long-form information formally charging the driver with the violation(s)

Commercial Vehicle Drivers Hours of Service Module

Commercial Vehicle Drivers Hours of Service Module