Module 3 - Hours of Service Previous Module Overview Glossary Help Next Module

In this module, you’ll learn what you need to do when hiring, training, and monitoring drivers.

• Describe federal and provincial requirements related to reducing driver fatigue and when each applies.
• Identify driving limitations.
• Identify the provisions for required rest and deferred rest time.
• Understand cumulative hour cycle rules.
• Understand exemptions from hours of service rules.
• Identify the required information for logbooks and record-keeping requirements for "local drivers.”
• Describe and follow procedures for completing log books.
• Describe the requirements for electronic on-board recording devices.
• Identify the carrier’s responsibilities including both proactive and reactive measures.
• Understand enforcement and penalties for carriers and drivers.

Hours of Service

Hours of Service governs the maximum driving times and minimum off-duty times of commercial bus and truck drivers. Records of the daily driving and other work activities must be recorded in a prescribed format. These records must be maintained and made available to a Peace Officer or Inspector upon request.  

Every day in Alberta during 2014, approximately:

• 1 person was killed in a collision.
• 51 were injured in a collision.
• 397 traffic collisions were reported.

The Canadian Council of Motor Transport Administrators estimates that up to 20% of all fatal collisions involve driver fatigue.

The rules go beyond just preventing drivers from falling asleep at the wheel. Not enough rest impacts driver's cognitive skills, motor skills and response time. Fatigue causes collisions every day in Alberta.

It’s the law. The Hours of Service (HOS) Rules are prescribed in Alberta’s Driver’s Hours of Service Regulations (AR317/2002) or for federal carriers the Commercial Vehicle Drivers Hours of Service Regulation. You are obligated to understand the rules yourself and teach your drivers the rules. You must monitor the driver logs/time records to make sure they are accurately completed and in compliance with the hours of service requirements.

You are responsible for preventing drivers from driving if:

• The driver is fatigued or has exceeded the maximum legal number of hours on duty.
• The driver’s faculties are impaired.
• Driving would jeopardize the safety or health of the public, the driver, or the employees of the motor carrier.
• The driver is subject to an out-of-service declaration.
• The driver, in doing so, would NOT be in compliance with the regulations.

Remember: if you do not ensure that your drivers obey the hours of service rules:

• You are putting your driver's lives at risk.
• You are endangering the lives of others on the road.
• You are breaking the law!

Driver Duties

The activities performed by the driver are classified into four categories:

We will discuss in more detail later in the course on what each Duty Status includes.

Applications

In Alberta, the provincial hours of service regulation applies to carriers who are required to hold a Safety Fitness Certificate and operate solely within the province of Alberta, including:

• Trucks, tractors, trailers or a combination of these vehicles, which have a registered gross weight or actual weight of 11,794 kilograms or greater.
• Commercial passenger vehicles (buses and vans) with a designed seating capacity of 11 or more passengers.
• Drivers of the above commercial vehicles.

Exemptions

The Provincial Hours of Service requirements do not apply to the following vehicle types:

• That is an emergency vehicle as defined in the Act,
• 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,
• That is being used primarily to transport an agricultural product where the driver of the vehicle
  • is a bona fide farmer who owns or produced that agricultural product, or
  • is an employee of that farmer,
• 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,
• That is a recreational vehicle,
• That is an urban transit bus,
• That is equipped with
  • A mounted mobile service rig, or
  • Equipment that is directly used in the operation or the transportation of a mounted mobile service rig.
• That is exempted by the Registrar.

Basic Alberta Hours of Service (HOS) Requirements

Hours of Service regulations for provincially regulated carriers have:

• Mandatory off-duty time and work-shift requirements.
• Rest period requirements.
• Record-keeping requirements.

Definitions
Driving Time means the time during which:

• The driver is sitting in the driver’s seat, and
• The vehicle is in motion.

On-Duty Time means the time the driver is:

• Checking in or preparing reports at the commencement or termination of a work shift,
• Inspecting, servicing, repairing, conditioning or starting a vehicle,
• Driving a vehicle,
• In the case of a vehicle that is being operated by co-drivers, travelling as one of the drivers, except the time that the driver spends resting en route in a sleeper berth,
• Participating in the loading or unloading of a vehicle,
• Inspecting or checking the load of a vehicle,
• 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,
• Waiting for a vehicle or load to be checked at customs, at a vehicle inspection station or by a peace officer,
• 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,
• Waiting at a point en route due to an accident involving the vehicle that the driver is operating or other unplanned event, or
• 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:
  • A private residence, or
  • A motel, hotel or other similar place of rest, where the accommodation is provided by the carrier.

Off-Duty Time means any period of time that the driver is not on-duty.

Off-Duty in Sleeper means off-duty time spent in a sleeper berth.

Provincial Driving Limitations

Work-Shift Limits

Mandatory Off-Duty Time (also Known as Work-Shift Limits)

A "work shift” is the period that begins when a driver goes on-duty at the end of a period of at least eight hours off-duty time, and ends when the driver starts the next period of at least eight consecutive hours off-duty.

• The 13-Hour Driving Time in a Work-Shift Rule
  After a driver has accumulated 13 hours of driving time from the end of the most recent period of eight or more consecutive hours of off-duty time, the carrier shall not permit, and the driver shall not drive again, unless he or she takes at least eight consecutive hours of off-duty time.
• The 15-Hour On-duty in a Work-Shift Rule
  After a driver has accumulated 15 hours of on duty time from the end of the most recent period of eight or more consecutive hours of off-duty time, the carrier shall not permit, and the driver shall not drive again, unless he or she takes at least eight consecutive hours of off-duty time.

Work-shift Check

In the example above the driver starts his shift at 04:00 hrs after taking an 8 hour off duty period.

The drivers “shift” ends at 20:30 hrs. when the driver starts the next 8 hour off duty period.

• The total driving time in the shift is 9.5 hours.
• The total on-duty time in the shift is 9.5 + 2 = 11.5 hours.

The eight or more consecutive hours off-duty time required to restart a work shift may be a combination of off-duty time and sleeper-berth time. 

A driver can use a sleeper berth to split the required consecutive off-duty hours into two periods. The sleeper berth must meet all construction and environmental standards specified in Section 1 of the Alberta Drivers’ Hours of Service Regulation.

Sleeper Berth means a facility that:

• Is located in or on a vehicle, and
• Is designed and maintained for the purposes of providing sleeping accommodation for persons operating the vehicle.

If the vehicle has a sleeper berth that meets the prescribed specifications , the driver can split the mandatory off-duty time into two sleeper-berth periods if:

• Neither period is less than two hours.
• The total of the two sleeper periods is at least 8 hours.
• The off-duty time is spent resting in the sleeper berth.
• The total driving time before and after each sleeper period does not exceed 13 hours.

Sleeper-Berth Split Example

A driver may continuously drive a vehicle:

• 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 non-driving time, or
• For a period of time that exceeds the permitted time 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.

Example of Rest Period

The 8 hours that is required to end a shift and start a new shift may be reduced from 8 if the driver meets the conditions below:

• 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 next work shift may be reduced to not less than 4 hours.
• The total consecutive hours that the driver will be off duty immediately following the 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 (i.e. if the driver reduces the 8 hour period to 4 hours, the driver would be required to take a period of 12 consecutive hours off-duty before starting the next shift).

NOTE: A driver’s time off duty using the above provision may only be reduced once in any period of 7 consecutive days.

Example of Time Reduction

A driver who encounters unexpected adverse driving conditions while operating a commercial motor vehicle may exceed (by not more than 2 additional hours) the number of hours that the driver is permitted to drive under this Regulation only if the trip as originally planned could not have been completed within the driving time or the time on duty specified in the regulation.

“Adverse Driving Conditions” means conditions that make driving hazardous, such as:

• Snow, sleet, fog or smoke in sufficient amounts so as to obscure a person’s vision to the extent that the person cannot drive safely.
• A highway covered with snow or ice.
• Physical circumstances, other than snow or ice, that make the highway or driving unsafe.
• That were not apparent or known to the driver or the carrier at the time the trip began.

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.

Daily Logs

The daily log requirements are similar whether you are operating solely within Alberta or operating across jurisdictional boundaries. There are circumstances when a driver may be exempt from maintaining a daily log. In these cases the driver must be in compliance with the driving limitations despite being exempt from keeping a daily log.

The daily log requirements are explained later in the module.

A daily log is not required to be maintained where all of the following conditions exist:

• 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 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.

If one or more of the conditions under which a person is excused from maintaining a daily log no longer applies:

• The carrier shall ensure that the driver completes a daily log.
• The driver shall:
  • commence keeping a daily log.
  • 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 no longer applied.

Illustration of the 160 km radius:

In Alberta, the Federal hours of service applies to:

• Carriers who hold or should hold a SFC certificate and transport goods extra-provincially (into or out of Alberta)
• Trucks, tractors or trailers, or a combination of these vehicles, which have a registered gross weight or actual weight greater than 4,500 kilograms OR
• Commercial passenger vehicles (buses and vans) with a designed seating capacity of 11 or more
• Drivers of the above commercial vehicles

The Federal Hours of Service requirements do not apply to the following vehicles:

• a two or three-axle commercial vehicle being used for
  • transporting the primary products of a farm, forest, sea or lake, if the driver or the motor carrier is the producer of the products, or
  • a return trip after transporting the primary products of a farm, forest, sea or lake, if the vehicle is empty or is transporting products used in the principal operation of a farm, forest, sea or lake;
• an emergency vehicle;
• a vehicle engaged in providing relief in the case of a public welfare emergency, as that expression is defined in section 5 of the Emergencies Act; and
• a commercial vehicle when driven for personal use, if
  • the vehicle has been unloaded,
  • any trailers have been unhitched,
  • the distance travelled does not exceed 75 km in a day,
  • the driver has recorded in the logbook the odometer reading at the beginning and end of the personal use, and
  • the driver is not the subject of an out-of-service declaration under section 91.

In this section, the expression “commercial vehicle when driven for personal use” excludes use, by the driver, of the vehicle in the course of business as a motor carrier.

The "Commercial Vehicle Hours of Service Regulations Application Guide” is available, and can be viewed or downloaded from the Canadian Council of Motor Transport Administrators (CCMTA)'s website.

IMPORTANT

When operating in other jurisdictions (such as the United States), a driver must recognize and follow the hours of service laws of that jurisdiction.

When a driver returns to and drives in Canada, the driver must follow Canada’s hours of service laws.

Alberta drivers operating in other Canadian jurisdictions will be required to comply with the Canadian hours of service rules. These rules will be explained in more detail in this training module.

Drivers operating in the United States are required to comply with the U.S. rules regarding Hours of Service. More information on the U.S. Rules can be found here: https://www.fmcsa.dot.gov/regulations/hours-of-service. A summary of the rules can be found here: https://www.fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations.

Basic Federal Hours of Service (HOS) Requirements

Hours of Service regulations for federally regulated carriers have:

• Daily driving requirements
• Mandatory off-duty time and work-shift requirements
• Work-cycle requirements
• Record-keeping requirements

Federal Driving Limitations

A "day” is defined as a 24-hour period that typically begins at midnight (or another hour designated by the carrier for the driver) and shall apply for the duration of the driver’s cycle.

No carrier shall permit a driver to drive, and no driver shall drive, a commercial vehicle after that driver has accumulated 13 hours of driving time in a day. For the 24-hour period "day,” a driver cannot drive more than 13 hours.

There are two exceptions to this rule which will be covered later in the training:

• Adverse driving conditions; and
• Off-duty time deferral

No carrier shall permit a driver to drive, and no driver shall drive, a commercial vehicle after that driver has accumulated 14 hours of on-duty time in a day.

The 14 hours of on-duty time may consist of driving time, plus on-duty time when not driving. Examples of On-duty, not-driving time would be working in the operator’s office or facility, or loading or unloading the vehicle, inspecting the vehicle, waiting at the border and so on.

During the 24-hour period "day,” a driver cannot drive after having been on-duty more than 14 hours.

A carrier shall ensure that a driver takes at least 10 hours of off-duty time in a day. This off-duty time must include at least two hours of off-duty time (taken in blocks of not less than 30 minutes each).

Off-duty time means time when a driver is not working or driving (for example, taking a meal break). These periods can be added to, but not form, part of a period of eight consecutive hours of off-duty time, as required to start and end a workshift. The eight-consecutive-hour requirement will be described in more detail in Work Shift Limits.

During the 24-hour period "day,” a driver must be off-duty for 10 hours, which must include two hours that are not part of a mandatory off-duty period and are at least 30 minutes long.

Daily off-duty time must total at least 10 hours (made up of periods of at least 30 minutes). For example, 2 hours off-duty +1 hour off-duty+ 7 hours off-duty = the required 10 hours off-duty.

Daily off-duty time must include two hours that do not form part of an eight-consecutive-hour, off-duty period required by Section 9. (They can be added to the period.)

In the above example:

• The driver has ten hours of off-duty in the day (midnight to midnight)
   
• We now must ensure the driver has 2 “other hours”
• We can not count the 2 hours from midnight until 2 am as it is part of a mandatory 8 hours off
• We can not count the hours from 18:00 until midnight as it is also part of a mandatory 8 hours off
• We can count the off-duty from 12:00 – 13:00 (it is 1 hour)
   
• We can count the off-duty from 17:00 – 18:00 (it is not part of the 8, but added to, and it is at least 1/2 hour

The driver is in compliance with the daily off-duty requirement

In the above example:

• On Day 1, the driver has 10 hours off duty in the day.
   
• Now look for the 2 “other” hours

• All the off-duty hours on Day 1 form part of the mandatory eight hours.
• Therefore, on Day 1 the driver did not take the additional two hours and would be in violation of the 10-hour, off-duty rule.
   

• On Day 2, the driver has 10 hours off duty.
   
• Now look for the two “other” hours.

• Starting at 19:00 the driver took 10 consecutive hours off-duty.
• We can count the off-duty from 19:00 – 21:00 (it is not part of the 8, but added to, and it is at least 1/2 hour.
   

The driver is in compliance with the daily off-duty requirement on Day 2

If a driver is unable to take 10 hours off-duty time in a day, then up to two hours of daily off-duty time can be deferred to the following day. This deferral option can be exercised every second day if the driver chooses.

In order to defer daily off-duty time, a driver must meet the following conditions:

• The deferred off-duty time does not form part of the mandatory period of eight consecutive hours.
• Before the end of the second day, the driver takes a consecutive period of off-duty time consisting of the eight consecutive hours plus the off-duty time deferred from the first day (for example, if one hour of off-duty time is deferred from today, the driver must complete an off-duty period of at least nine consecutive hours by the end of tomorrow).
• The total off-duty time in the two days must be at least 20 hours.
• The total driving time in the two days must not exceed 26 hours.
• The total on-duty time in the two days does not exceed 28 hours.
• The driver may not use this deferral option when splitting the eight consecutive hours in a sleeper berth, in accordance with the sleeper-berth split provision.

The driver must declare in the "Remarks” section of the daily log clearly indicating the day from which the off-duty time has been deferred, and the day to which it was deferred.

Deferral Checks

• Ensure deferred time is not part of the mandatory 8 hours off-duty.
   
• The total off-duty time taken in the two days is at least 20 hours.
   
• The deferred time from Day 1 must be added to the 8 consecutive hours which must be completed by the end of Day 2.
   
• The total driving time in the two days does not exceed 26 hours.
   
• The total on-duty time in the two days does not exceed 28 hours.
   
• An entry is made in the “Remarks” section of the daily log or on the time record required clearly indicating the day from which the off-duty time has been deferred and the day to which it was deferred.
   

The driver is in compliance with the daily off-duty deferral provision.

A "work shift” is the period that begins when a driver goes on-duty at the end of a period of at least eight hours mandatory off-duty time, and ends when the driver starts the next period of at least eight consecutive hours off-duty.

• The 13-Hour Driving Time in a Work-Shift Rule
  After a driver has accumulated 13 hours of driving time from the end of the most recent period of eight or more consecutive hours of off-duty time, the carrier shall not permit, and the driver shall not drive again, unless he or she takes at least eight consecutive hours of off-duty time.
• The 14-Hour On-duty in a Work-Shift Rule
  After a driver has accumulated 14 hours of on duty time from the end of the most recent period of eight or more consecutive hours of off-duty time, the carrier shall not permit, and the driver shall not drive again, unless he or she takes at least eight consecutive hours of off-duty time.
• The 16-Hour Elapsed Time in a Work-Shift Rule
  After 16 hours (all time) has elapsed from the end of the most recent period of eight or more consecutive hours of off-duty time, the carrier shall not permit, and the driver shall not drive a commercial motor vehicle again, unless he or she takes at least eight consecutive hours of off-duty time.

Work-shift Check

• In the example above the driver starts his shift at 04:00 hrs. After taking an 8 hour off duty period.
• The drivers “shift” ends at 20:30 hrs. When the driver starts the next 8 hour off duty period.
• The total driving time in the shift is 9.5 hours
   
• The total on-duty time in the shift is 9.5 + 2 = 11.5
   
• The total elapsed time in the shift is 9.5 + 2 + 5 = 16.5
   
• The driver is in violation of the 16 hour rule. The driver should have stopped driving at 20:00 hrs.

The eight or more consecutive hours off-duty required to restart a work shift may be a combination of off-duty and sleeper-berth time. A driver may also take the required eight consecutive hours of rest in the sleeper berth, or split the sleeper-berth time into two periods. (The sleeper-berth option is covered in detail in the next section.)

A driver can use a sleeper berth to split the required consecutive off-duty hours into two periods while still complying with the daily off-duty requirements. The sleeper berth must meet all construction and environmental standards specified in Section 8 of the Federal Regulations

If the vehicle has a sleeper berth that meets the specifications below, the driver can split the mandatory off-duty time into two sleeper-berth periods if:

• Neither period is less than two hours.
• The total of the two sleeper periods is at least 10 hours.
• The off-duty time is spent resting in the sleeper berth.
• The total off-duty time in the day is at least 10 hours.
• The total driving time before and after each sleeper period does not exceed 13 hours.
• None of the daily off-duty time is deferred to the next day.
• The elapsed time before and after each sleeper period does not include any driving time after the 16th hour when the driver comes on-duty.
• The total of the on-duty time before and after each sleeper period does not include any driving time after the 14th hour.

Single DriversSleeper Berth Example – Single Driver

If the vehicle has a sleeper berth that meets the definition in the regulation, team drivers can split the eight hours of required off-duty time into two sleeper-berth periods if:

• Neither period is less than four hours.
• The total of the two sleeper periods is at least eight hours.
• The off-duty time is spent resting in the sleeper berth.
• The total driving time before and after each sleeper period does not exceed 13 hours.
• The elapsed time before and after each sleeper period does not include any driving time after the 16th hour when the driver comes on-duty.
• None of the daily off-duty time is deferred to the next day.
• The total of the on-duty time before and after each sleeper period does not include any driving time after the 14th hour.

Driving-Cycles Limits

Because of the cumulative effect of being on-duty over several days and weeks, the hours of service regulations include a maximum on-duty time for seven- and 14-day cycles. The carrier will designate either a seven-day or 14-day cycle for drivers, and shall require that each driver follow it.

No carrier shall permit, and no driver on a seven-day cycle shall drive, a commercial motor vehicle after having been on duty for 70 hours in that cycle.

No carrier shall permit, and no driver shall drive, a commercial motor vehicle on a 14-day cycle after having been on duty for 120 hours in that cycle.

A driver who is following the 14-day cycle shall not drive again in that cycle after accumulating 70 hours of on-duty time, without having taken at least 24 consecutive hours of off-duty time.

When a driver on a seven-day cycle takes 36 consecutive hours off-duty, that cycle ends and a new one starts.

When a driver on a 14-day cycle takes 72 consecutive hours off-duty, that cycle ends and a new one starts.

Once a driver can start a new cycle, they may switch their cycle or switch the starting time of their day.

Note: The cycle reset is not mandatory!

Once a cycle has been designated, the driver may not switch to the other cycle unless the appropriate reset provision has been satisfied.

If a driver wants to switch cycles or to reset their current cycle of accumulated hours back to zero, they must take the following number of hours off-duty:

• To reset a seven-day cycle, or switch from a seven-day cycle to a14-day cycle, take at least 36 consecutive hours off.
• To reset a 14-day cycle, or switch from 14-day cycle to a seven-day cycle, take at least 72 consecutive hours off.

NOTE: A driver is only in violation when driving in excess of the cycle of cumulative hours permitted.

Despite the cycle the driver is following, no carrier shall permit, and a driver must not drive, every driver must have at least one period in the preceding 14 days where they had 24 consecutive hours off-duty. This does not have to be an entire day off-duty. A driver could meet this requirement by taking 12 consecutive hours off-duty on one day and 12 consecutive hours off-duty the next day. The example below illustrates this requirement.

In the example below both periods would be considered 24 hours consecutive off duty.

A driver who encounters adverse driving conditions while operating a commercial motor vehicle may:

• Increase the daily driving time beyond 13 hours by up to two hours; and the daily 14 hours of on-duty time by up to two hours; and reduce the required 10 hours of off-duty time in a day by a corresponding amount
• Increase the driving time beyond 13 hours in the work shift and sleeper-berth splits by up to two hours; and the 14 hours of on-duty time in a work shift by up to two hours

However, the 16-hour elapsed time cannot be exceeded due to adverse driving conditions.

If, as a result of this extension, the driver exceeds the on-duty time for the cycle permitted under the seven- or 14-day cycles, the cycle requirements under those sections must be met by the end of the following day.

If a driver extends his or her driving or on-duty times due to adverse conditions, the reason for the extension must be entered in the "Remarks” section of the daily log, or on the time record required by a carrier for a driver who is not required to complete a daily log.

Carriers are required to make sure that drivers maintain true and accurate daily logs. This is best done by having a monitoring system ensuring that drivers complete logbooks as required by legislation and are not falsifying them. A sample of a log that meets the requirements of the regulations is contained in the appendix at the end of this module.

The daily log must contain the following required information. A driver shall, at the start of each day, enter the following information in the daily log:

• The driver’s name.
• The date.
• The name of the driver’s co-drivers, if any.
• The start time of the day being recorded, if the day does not start at midnight.
• The cycle that the driver is following (Not required for carriers with a Provincial Operating status who only operate within the province).
• The odometer reading at the start of the day, of the commercial motor vehicle to be operated by the driver.
• Recorded in the "Remarks” section of the log, the number of hours of on-duty and off-duty time, as defined in this regulation, that the driver accumulated each day (during the 14 days immediately before the start of the day), for which the driver was exempt by this regulation from keeping a daily log.
• The number plate or unit number of each commercial motor vehicle to be driven and each trailer to be drawn, by the driver on the day.
• The name of the carrier for whom the driver is to drive during the day.
• The addresses of the driver’s home terminal and principal place of business of the carrier for whom the driver is to drive during the day.

A driver shall, over the course of each day, enter the following information in the daily log:

• The start and end times for each duty status during the day.
• Each city, town, village or highway location, and the province or state where the driver’s duty status changes.

A driver shall, at the end of each day, enter the following information in the daily log:

• The total time spent in each duty status during the day.
• The odometer reading at the end of the day.
• The total distance driven by the driver.
• The driver’s signature certifying that the information provided is true and accurate.

The graph grid has to be completed in the prescribed manner.

• A continuous line is drawn between the appropriate markers for each 24-hour period in the grid to record the period of time when the driver is:
  • Off-duty
  • In the sleeper berth
  • Driving
  • On-duty, not driving
• Record the name of the municipality or location on a highway or legal subdivision, and the name of the province or state where each change of duty occurs.
• The graph grid is to be updated at the end of each change in duty status.
• If the driver is engaged in making deliveries in a municipality, which results in a number of periods of driving time being interrupted by short periods of other on-duty time of less than one hour, the periods of driving time may be combined and the periods of other on-duty time may be combined.
• At the end of each day, the total number of hours in each duty status shall be entered in the space to the right of each graph grid, below the phrase "total hours" and shall add up to 24 hours.

NOTE:

• Drivers must prepare and maintain logs in the time zone of the driver’s home terminal.
• Every motor vehicle is required to have a working odometer. A hub-meter reading is acceptable in lieu of an odometer reading.

Logbook Exemption

Under the Federal regulation, a driver is not required to keep a daily log for the day if:

• On the carrier’s instructions, a commercial motor vehicle is driven solely within a radius of 160 kilometres of the driver’s starting location.
• The driver returns at the end of the day to the location from which he or she started.

If a driver is not required to keep a daily log, the carrier shall keep a record for the day showing:

• The date, the driver’s name and the location at which the driver starts and ends the day.
• The cycle the driver is following.
• The hour at which each duty status starts, ends and the total number of hours spent in each duty status.
• The number of hours of on-duty time and off-duty time, within the meaning of this regulation, that the driver accumulated each day during the 14 days immediately before the start of the day, for which the driver was exempt from this regulation and not required to keep a daily log.

For the purpose of the hour at which each duty status started and ended, if the driver is on duty within a municipality such that a number of periods of driving time are interrupted by a number of periods of other on-duty time of less than one hour each, the periods of driving time and the periods of other on-duty time may be combined.

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. It applies only to the requirement of the driver maintaining a logbook. If any of the above conditions exempting the driver from keeping a log book end, then the driver must maintain a daily log for each day he/she does not qualify for the exemption.

A driver must begin to prepare a daily log for the day immediately after becoming aware that the terms of the exemption cannot be met. The daily log must cover the entire day, even if the driver has to retroactively record changes in status that occurred between the time of reporting for duty and the time in which he/she no longer qualified for the 160-kilometre radius exemption.

The driver is required to enter in the "Remarks” section the number of hours of off-duty and on-duty time that accumulated each day during the previous 14 days, or on one daily log that clearly indicates all required information. A driver may carry the record of duty status for the previous 14 days, instead of entering in the current daily log the times they were on- and off-duty for the previous 14 days.

Example of Remarks Section:

• June 10-15: Vacation Time - Off-Duty
• June 17: City Work - On-Duty 12.0 hours; off-duty 12 hours
• June 18: City Work - On-Duty 8.25 hours; off-duty 15.75 hours
• June 19 & 20: Off-Duty
• June 21: City Work - On-Duty 8.0 hours; off-duty 16 hours
• June 22: City Work - On-Duty 9.5 hours; off-duty 14.5 hours
• June 23: City Work - On-Duty 8.0 hours; off-duty 16 hours

Electronic On-Board Recording Device

An electronic or mechanical recording device is allowed instead of the driver maintaining a manual daily log, as long as the device records time and movement of the vehicle. The device must automatically record the number of times that it is disconnected, and keep a record of the time and date of these disconnections. The device must also keep track of, and record, the total on-duty time remaining in the driver’s cycle, as well as the total accumulated on-duty time in the cycle. The device must be capable of storing all of this required information, as well as the information that must be included in a manual daily log. The device must be able to display the stored information in a readable format on demand. The driver must be ready to manually prepare log forms should the device not work. When requested by a peace officer, the driver must be prepared to complete manual daily logs using the information stored in the device for the period of the declared cycle.

Carriers maintain electronic-data downloads of driver log information for a minimum period of six months, thereby meeting the record retention requirement.

Possession of Logs and Supporting Documents

A driver who is required to keep a daily log must have in his or her possession:

• The daily log for the current day, completed up to the time at which the last change in the driver’s duty status occurred.
• A copy of the daily logs for the preceding 14 days.

NOTE: Drivers will be permitted to record multiple days off-duty on one daily log. (For example, one daily log indicates April 20, 2009, to April 21, 2009 – off-duty.)

If a driver was exempt from keeping a daily log for any of the preceding 14 days, there are three options available:

Option 1

The driver must record, in the "Remarks” section of the current daily log, the number of on-duty and off-duty hours for each day of the preceding 14 days for which the driver was not required to keep a daily log.

Option 2

The driver may carry the time records required to be kept for any day for which a daily log is not available.

Option 3

Drivers can produce any combination of the current log with on-duty and off-duty hours recorded in the ”Remarks” section for any day that a daily log was not required in the previous 14 days, and the duty status records or daily logs.

For example, if the driver’s preceding 14 days included the following activities:

• Current Day - Drive CMV – Log Required
• Preceding Day 1 - Drive CMV – Log Required
• Preceding Day 2 - Day Off
• Preceding Day 3 - Day Off
• Preceding Day 4 - Drive CMV – Local Time Records
• Preceding Day 5 - Drive CMV – Local Time Records
• Preceding Day 6 - Drive CMV – Log Required
• Preceding Day 7 - Drive CMV – Log Required
• Preceding Day 8 - Day Off
• Preceding Day 9 - Day Off
• Preceding Day 10 - Drive CMV – Log Required
• Preceding Day 11 - Drive CMV – Log Required
• Preceding Day 12 - Drive CMV – Local Time Record
• Preceding Day 13 - Drive CMV – Local Time Record
• Preceding Day 14 - Day Off

The driver would have the option of surrendering the following:

Option 1 – The current daily log and a daily log for each of the preceding 14 days.

Option 2 – Any daily log required to be completed in the preceding 14 days (current, days 1, 6, 7, 10, 11, and recorded on the current log the number of on-duty and off-duty hours for days 2, 3, 4, 5, 8 , 9 , 12, 13 and 14).

Option 3 – Any daily log required to be completed in the preceding 14 days (current, days 1, 6, 7, 10, 11, and recorded on the current log the number of on-duty and off-duty hours for days 2, 3, 8, 9, 14, and carry the time records completed for days 4, 5, 12, and 13).

When requested by an Inspector, the driver must produce his or her logs and trip documentation without delay. Documentation includes anything in the driver’s possession that an Inspector may use to determine compliance.

The driver is required to submit each completed original log to the carrier within 20 days of being produced. The driver must also submit any supporting documents for that daily log as well.

A driver who is employed by two or more carriers is required to provide each carrier with a copy of all daily logs. This lets each carrier monitor the driver's hours of service for dispatch purposes.

Carriers are also required to keep a copy of driver's logs at their principal place of business for at least six months. If the carrier has more than one terminal, and the daily logs are turned in to the driver’s home terminal, then the carrier must ensure that they are deposited at the principal place of business within 30 days of receiving them.

The carrier is required to maintain driver logbooks and support documents for a period of at least six months. If a driver is exempt from keeping logbooks, the operator is responsible for retaining the appropriate time records and supporting documents. These records must be kept at the operator’s principal place of business in Alberta and they must be neat and orderly. The operator is required, upon request by a Peace Officer to produce these records during normal business hours. An officer is not required to give the operator prior notice of inspections.

Carriers are required to monitor the compliance of each driver to the regulations. An operator that determines that there has been non-compliance with the regulations shall take immediate remedial action and record the dates on which the non-compliance occurred, the date of issuance of a notice of non-compliance and the action taken.

A proactive approach is a key component of the hours of service management program. Carriers need to develop and implement written policies and procedures to ensure compliance with the regulations. In order to demonstrate due diligence, the operator has the ability to undertake corrective action through the application of its disciplinary process.

Effective training of operational staff responsible for driver supervision and dispatch, in addition to driver training, is an integral component of a safety management program. Personnel must have knowledge and understanding of the regulations and be aware of the policies, procedures and available options.

To achieve a high level of compliance, you need effective training of new drivers and re-training of those who have demonstrated a continuing pattern of violations. This will also ensure minimal intervention from enforcement agencies.

Carriers must ensure that drivers are only dispatched when there are a sufficient number of on-duty hours available for use. Therefore, a system to monitor a driver’s available on-duty time is essential. One example of an Hours of Service tracking system is when a driver calls the company dispatcher on a daily basis with the accumulated hours for the previous day and the dispatcher keeps a record of these hours. From the information provided by the driver, the dispatcher is able to calculate the driver's available hours remaining in the declared cycle.

The operator must have the necessary tools available to react when violations of the regulations and associated company policies are identified. Tools that can help identify and modify inappropriate driver behaviour include a self-audit program, timely reviews of driver records, driver disclosures/non-disclosures and the carrier profile. Corrective measures may include re-training and/or disciplinary action, as identified in the operator's disciplinary process. Failure to take corrective action means that the cycle of non-compliance will continue.

Corrective action may take the form of re-evaluation and assessment, retraining or the application of the disciplinary process leading up to and including dismissal. Corrective actions should be part of an operator's safety plan. Employees must be aware of its existence in the safety plan.

An operator may choose to have new employees acknowledge that they have been informed of the disciplinary policy at the time of hire, in addition to having a copy of the policy in plain view for all employees to see.

The disciplinary process should be progressive in nature. For example, it could start with a documented verbal warning and then escalate to a written warning signed by the driver followed by suspensions and ultimately termination. Carriers should identify offences that would result in immediate termination.

Self-Audit

A self-audit is an integral component of an operator's safety program. It provides the operator with the ability to readily identify areas of non-compliance. Audits involve the review of driver logbooks, supporting documentation such as fuel and lodging receipts and any other relevant record or information. You need to document the findings to support any corrective/disciplinary action taken. The sample size of the self-audit will vary according to the size of the company. A small operator may choose to audit all driver logs, but a large company may audit a portion of the drivers for a selected period of time.

Driver logbooks should be audited to ensure that:

• There is a log for every day.
• Logbooks are complete with all required information.
• Drivers are in compliance with the regulations (driving limits, required off-duty time and the cumulative cycle limits, as applicable).
• Logs are accurate when compared to supporting documents such as dispatch records, fuel receipts, payroll, bills of lading.
• Logs are accurate when analyzed for distance travelled over a period of time.
• On-duty time logged by the driver agrees with the driver’s statement of hours worked for payroll submission.
• Driving with a co-driver is substantiated and the hours declared by the two drivers are appropriate (for example, both drivers not log driving at the same time).
• The operator and the driver are complying with any permit conditions.
• Records are being kept in chronological order for each driver and retained for at least six months.
• Radius-exemption daily records are available if appropriate, and all exemption criteria is met every day.

                                             

Reviewing Hours of Service Logs

Under the Hours of Service legislation, there are many different ways of reviewing an hours of service log to determine if it is in compliance. A four-step process is offered here. All steps must be in compliance:

• Check the log to ensure that it is accurate (compare supporting documents to the log) and to ensure it is not missing any information, such as driver name, signature, unit number, or changes of duty status.
• Check the Day.
• Check the work shift.
• Check the cumulative cycles.

1. Check the Day (start time of the 24-hour period must be specified by the operator):

Regular time (including use of sleeper berth)

• No driving after 13 hours of driving.
• No driving after 14 hours on-duty.
• At least 10 hours off-duty.

• Option of deferring up to two hours of daily off-duty time to the second day.
• Total driving time in two days not more than 26 hours.
• Total on-duty time in two days not more than 28 hours.
• Total off-duty time in two days not less than 20 hours.
• A mandatory consecutive off-duty period of at least eight plus the number of hours deferred completed before the end of the second day.

2. Check the Work Shift(period between the end of one period of eight hours or more off-duty and the start of the next period of eight hours or more off-duty):

• No driving after 13 hours driving.
• No driving after 14 hours on-duty.
• No driving after 16 hours of elapsed time.

• Driving time before and after each period in the eligible sleeper period not to exceed 13 hours.
• No driving after the on-duty time before and after each eligible sleeper period exceeds 14 hours.

The driver may not drive after the elapsed time before and after each eligible sleeper period exceeds 16 hours.

• Driving time before and after each period in the eligible sleeper period not to exceed 13 hours.
• No driving after the on-duty time before and after each eligible sleeper period exceeds 14 hours.

The driver may not drive after the elapsed time before and after each eligible sleeper period exceeds 16 hours.

3. Check the Cumulative Cycles (cycle must be specified by operator):

• Verify the driver did not drive after accumulating 70 hours of on-duty time in any period of seven consecutive days.

• Verify the driver did not drive after accumulating 120 hours of on-duty time in any period of 14 consecutive days.
• Verify the driver did not drive after accumulating more than 70 hours at any time during the cycle without taking 24 hours off-duty.

• Verify that the driver did not drive at any time without having a period of 24 consecutive hours off-duty in the preceding 14 days (regardless of the day or cycle being worked).

Drivers and operators in violation of the Hours of Service regulations may be charged. Violations of these regulations by a driver or the carrier that result in convictions are included in the carrier profile. An accumulation of these convictions, solely or in combination with convictions for any other type of offence under the Traffic Safety Act, may result in the carrier being identified for further monitoring and enforcement options.

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 an officer, until such time that they have enough hours available to proceed.

Drivers may be placed out of service for 10 consecutive hours for violation of the daily driving and on-duty rules.

If a driver fails to comply with the off-duty time requirements, they may be placed out of service for the number of hours needed to correct the failure.

Drivers may be placed out of service for any of the following violations:

• Driver is unable or refuses to produce his/her daily log.
• There is evidence that the driver completed more than one daily log for the day, entered inaccurate information or falsified the daily log.
• Driver mutilates or defaces a daily log or supporting documents in such a way that it cannot be determined whether the driver has followed the driving time and off-duty requirements.