This is a different requirement than when operating in the U.S. and might cause confusion for motor carriers travelling between Canada and the U.S., particularly with the ELD mandate in force in the U.S. – and around the corner for Canada.
According to the Commercial Vehicle Drivers Hours of Service Federal Regulations, on-duty time means the period that begins when a driver starts work or is required by the motor carrier to be available to work. Except if the driver is waiting to be assigned to work. On-duty time ends when the driver stops work or is relieved of responsibility by the motor carrier.
On-duty time includes the following:
(a) Driving time and time spent by the driver:
- Inspecting, servicing, repairing, conditioning, fueling or starting a commercial vehicle,
- Travelling in a commercial vehicle as a co-driver, when the time is not spent in the sleeper berth,
- Participating in the loading or unloading of a commercial vehicle,
- Inspecting or checking the load of a commercial vehicle,
- Waiting before and while a commercial vehicle is serviced, loaded, unloaded or dispatched,
- Waiting before and while a commercial vehicle or its load is inspected and the driver’s requirements are assessed, and, if relevant, the time spent taking the required remedial actions,
- Waiting at an en-route point because of an accident or other unplanned occurrence or situation,
- Resting in or occupying a commercial vehicle for any other purpose, except for
(b) Time can be counted as off-duty time if a driver who has, at the request of the motor carrier, spent time travelling as a passenger in a commercial vehicle to the destination. The driver is then required to take 8 consecutive hours off duty before beginning to drive. This time spent as a passenger will be counted as off-duty time in accordance with section 10 of this regulation.
(c) Time spent in a sleeper berth.
(d) Time spent in a stationary commercial vehicle to satisfy the requirements to take at least 2 hours of off-duty time that does not form part of a period of 8 consecutive hours of off-duty time required by subsection 14(3) of the regulation; and
(e) Time spent in a stationary commercial vehicle that is in addition to at least 2 hours of off-duty time that does not form part of a period of 8 consecutive hours of off-duty time required by section 14(3) of the regulation.
- Performing any work for any motor carrier, and
- Performing yard moves of a commercial vehicle within a terminal, depot or port and that is not on a public road.
A driver operating according to the Federal Regulations can book himself/herself off-duty (or personal use) if:
- The vehicle is not used in the course of the business of the motor carrier,
- 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 daily log the odometer reading at the beginning and at the end of the personal use, and
- The driver is not the subject of an out-of-service declaration
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