1. MTO Enforcement Program April, 2006 Hours of Service

2. April 2006 2History Current regulations were first introduced as a countermeasure to fatigue in the late 80’s and were based on the American hours of service rules. Hours of Service refers to legal limitations on the hours a commercial vehicle driver can drive/work on a daily/weekly basis. The new rules incorporate current sleep and fatigue research that takes into consideration the bodies circadian rhythm, driver’s health (opportunity to obtain restorative sleep), irregular work shifts and sleep dept.

3. April 2006 3 Hours of Service The new federal regulation will come into effect on January 1, 2007. Ontario plans to amend the current regulations to mirror the federal hours of service rules. Hours of Service regulations are spelled out in federal legislation under the Motor Vehicle Transportation Act (MVTA), applicable to extra-provincial operations.

4. April 2006 4 The “top 11” changes are... 1.increase minimum daily off-duty time by 25% (8hrs to 10hrs) 2.reduce daily on-duty time by 13% (16 hrs to 14 hrs) 3.reduce daily driving time by18% (16 hrs to 13 hrs) 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 7.standards for sleeper berths (split times, design, construction) 8.mandatory 24-hour off-duty period in 15 (regardless of on-duty accumulation) 9.allowing drivers to use a CMV for personal use (with restrictions) 10.shared responsibility for compliance (carrier, driver, dispatch, shipper, consultant) 11.new powers for enforcement officers - “out-of-service” orders

5. April 2006 5 Current Rules Not based on a day (24 hour period); Allows 16 hours of driving in a “day”; Allows 26 hours of driving in a 30 hour period (using off duty time reduction); No limit on a drivers work shift; Would allow a driver to work everyday; Driver and Operator assume all responsibility for compliance.

6. April 2006 6 The 3 Basic Rules 1.Daily Restrictions 2.Mandatory Off-Duty Time “Work Shifts” 3.Cycle Restrictions

7. April 2006 7 Hours of Service Current Drive up to 16 hours in a day On duty up to 16 hours in a day No specified off-duty time for a day Rule Minimum of 10 hours of off-duty must be taken every day. time, periods > 30 mins. Maximum of 13 hours in a day No driving after 14 hours of on-duty in a day Daily Requirements

8. April 2006 8 Daily Limits - a simple 3-point check for compliance 24-hour period 1 13 10 hours off-duty 10 * 8 hours 1 Off-duty ≥ 10 Driving ≤ 13 No driving after 14 hours On-duty * Not required in the rules for the day

9. April 2006 9 Hours of Service No driving after 14 hours on-duty DRIVING < 13 OFF DUTY > 10 Off-Duty Periods must be at least 30 minutes long or they do not count toward the 10 hours. Daily Requirements

10. April 2006 10 Hours of Service Current After 13 hours of driving you have to take 8 consecutive hours before you can drive again After 15 hours of driving you have to take 8 consecutive hours before you can drive again New Rule After 13 hours of driving you have to take 8 consecutive hours before you can drive again After 14 hours of on-duty you have to take 8 consecutive hours before you can drive again Work Shift Rules

11. April 2006 11 Hours of Service Current No restriction on length of work shift Off-duty periods extend the time between Rule Maximum of 16 hour (elapsed time) Time period which starts the instant you are on duty after having just taken minimum 8 hours 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 Work Shift Rules Cont’d

12. April 2006 12 What are the rules for the work shift? Work Shift ≤ 16 hours Driving time ≤ 13 hours No driving after 14 hours on-duty Shift Reset End 8 consecutive hours

13. April 2006 13 Mandatory Off-Duty Time After 16 Hours Work Shift 2 8 14 WORK SHIFT 8 consecutive hours

14. April 2006 14 Hours of Service Current May reduce the 8-consecutive hour off-duty period to a minimum of 4 hours- once in a 7 day period Rule 48 hour averaging allows a driver to reduce the daily off duty requirement by the 2 “other” 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. Off Duty Exceptions

15. April 2006 15 Daily Off Duty Time Deferral Day 2 Day 1 10 Hours (8 + the 2 deferred from Day 1) 8 11.5 4.5 12 11 1

16. April 2006 16 Hours of Service Current Must be in compliance with 1 or the 3 cycles Three cycles: 60 hours/7 days, 70 hours/8 days, 120 hours/14 days (24-hour off-duty prior to 75 th hour on-duty) switching allowed New Rule Two cycles (must elect one) Cycle 1: 70 hours/7 days, Cycle 2: 120 hours/14 days (must take 24 consecutive hours off-duty prior to 70 th hour,every period) cycle switching only allowed after completing required off-duty period Cycle 1: 36 hours Cycle 2: 72 hours Cycles

17. April 2006 17 SMTWTFS 13 h. 1 8 h. 2 12 h. 3 10 h. 4 11 h. 5 0 h. 6 ? h. 7 SMTWTFS 8 h. 1 12 h. 2 10 h. 3 11 h. 4 0 h. 5 3 h. 6 ? h. 7 13 h. SMTWTFS 8 h. 12 h. 1 10 h. 2 11 h. 3 0 h. 4 3 h. 5 10 h. 6 13 h. ? h. 7 Accumulated Day 1-6: 54 h Available: 16 h Accumulated Day 1-6: 46 h Available: 24 h Accumulated Day 1-6: 44 h Available: 26 h Illustration of Cycle 1 (70 hrs/7 days)

18. April 2006 18 Hours of Service Current Only required for 14 day cycle Rule Mandatory 24 consecutive hours off duty in preceding 14 days Mandatory 24-hours Off-Duty

19. April 2006 19 Mandatory 24 hrs. off in 15-days to address perceived problem of driving in perpetuity 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

20. April 2006 20 Hours of Service Current Commercial motor vehicle (CMV) 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 2 hours. Rule Single drivers using a sleeper berth must take 10 hours off-duty, but may split the sleeper-berth time into two periods provided neither is less than 2 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 Sleeper Berth

21. April 2006 21 Hours of Service Current Commercial motor vehicle (CMV) 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 2 hours. New Rule Must still comply with “Daily Requirements”: Maximum of 13 hours driving No driving after 14 hours on-duty Minimum of 10 hours off-duty No driving after accumulating (prior and subsequent to the period): 13 hours driving 14 hours on-duty 16 hours in the work shift· Sleeper Berth

22. April 2006 22 Sleeper Berth (Single Driver) 3 + 7 = 10 hours Driving < 13 No Driving after 14 hours On-Duty No Driving after 16 th hour since last sleeper period Off-duty ≥ 10 Driving ≤ 13 No driving after 14 hours On-duty

23. April 2006 23 Sleeper Berth (Team Driver) 4 + 4 = 8 hours Driving < 13 No Driving after 14 hours On-Duty No Driving after 16 th hour since last sleeper period 2 8 2 12

24. April 2006 24 Hours of Service Current Suitable accommodation, constructed and maintained for sleeper Rule Must meet prescribed standards specified in Schedule 1 Sleeper Berth Specifications

25. April 2006 25 Hours of Service 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 New Rule 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; operator 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 Daily Log Exemption

26. April 2006 26 On-duty Status Records

27. April 2006 27 Hours of Service Current Driving time means all time spent at the controls of a CMV operated on a highway- driver must show as “DRIVING” Rule Is not considered to be “On Duty” provided that: CVM is unloaded Not towing a trailer Maximum of 75 km/day Odometer readings are recorded Driver is not subject of an OOS declaration Personal Use Exemption

28. April 2006 28 Hours of Service 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 Contents of Daily Log

29. April 2006 29 Hours of Service Current Driver and Operator are responsible to ensure compliance Rule No person shall permit, or request a person to contravene the regulation Responsibilities

30. April 2006 30Questions? Dwain Smith 905-704-2624 Dwain.Smith@mto.gov.on.ca