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Board Motor Carrier Act Hours of Service Regulations

made under subsection 27(1) of the

Motor Carrier Act

R.S.N.S. 1989, c. 292

O.I.C. 2022-327 (effective January 1, 2023), N.S. Reg. 334/2022

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Personal use of commercial vehicle

Responsibility of carrier to restrict driving

On-duty time and off-duty time

Maximum daily driving time and maximum daily on-duty time

Mandatory off-duty time

Minimum daily off-duty time

Mandatory off-duty time when driver travelling by ferry

Deferral of daily off-duty time

Single driver splitting daily off-duty time

Team of drivers splitting daily off-duty time

Cycles

Driver must follow cycle 1 or cycle 2

Mandatory off-duty time in 14-day period

Maximum on-duty time for cycle 1 driver

Maximum on-duty time for cycle 2 driver

Off-duty time before cycle reset

Off-duty time before cycle switched

Special Permits

Special permits

Applying for special permit

Information specified in special permit

Obligations of special permit holders

Amending, suspending or cancelling special permits

Emergencies and Adverse Driving Conditions

Extending driving time in emergencies

Extending driving time in adverse driving conditions

Record Keeping

Requirement to fill out record of duty status

Content of record of duty status

Using electronic recording devices

Possession of records of duty status and supporting documents by drivers

Distributing and keeping records of duty status

Tampering and falsifying record of duty status

Inter-provincial carriers and ELDs

Malfunction

Accounts

Verification of records of duty status

Inspections and Compliance

Monitoring by carriers

Authority to enter premises for inspection

Obstructing inspector or making false statements

Records of duty status and supporting documents produced by carrier

Out-of-service declarations

Schedule 1: Criteria for Sleeper Berths

Schedule 2: Duty Status Information for a Record of Duty Status

Instructions for Recording Duty Status

Citation

1 These regulations may be cited as the Board Motor Carrier Act Hours of Service

Regulations .

Definitions

(1) In these regulations

“Act” means the Motor Carrier Act ;

“adverse driving conditions” means snow, sleet, fog or other adverse weather or

road conditions that were not known to a driver or a carrier dispatching a driver

immediately before the driver began driving or could not reasonably have been

known to them;

“Board Regulations” means the Board Public Passenger Motor Carrier Act

Regulations made under the Act;

“carrier” means a person who owns, leases or is responsible for the operation of a

commercial vehicle;

“co-driver” means a person who is present in a commercial vehicle because they

have been or are about to be its driver;

“commercial vehicle” means

(

i) a public passenger vehicle as defined in the Act, but does not include

a school bus, and

(ii) a commercial vehicle as defined in

Section 2 of the Board

Regulations;

“cycle” means 1 of the following periods during which a driver’s on-duty time is

accumulated:

(

i) cycle 1, under which on-duty time is accumulated over 7 consecutive

days,

(ii) cycle 2, under which on-duty time is accumulated over 14

consecutive days;

“day”, in respect of a driver, means a 24-hour period that begins at the hour

designated by the carrier for the duration of the driver’s cycle;

“driver” means any of the following and, for the purposes of

Section 38, includes a

co-driver:

(

i) a person who operates a commercial vehicle,

(ii) in relation to a carrier, a person who is employed or otherwise

engaged by the carrier to operate a commercial vehicle;

“duty status” means any of the following periods of time:

(

i) off-duty time, other than time spent in a sleeper berth,

(ii) off-duty time spent in a sleeper berth,

(iii) driving time, and

(iv) on-duty time, other than driving time;

“elapsed time” means the 16-hour period referenced in subsection 6(2);

“electronic logging device” or “ELD” means a device or technology that

automatically records a driver’s driving time and facilitates the recording of the

driver’s record of duty status, and that is certified by an accredited certification

body under

Section 79.1 of the Federal regulations;

“electronic recording device” means an electric, electronic or telematic device that

is installed in a commercial vehicle and is capable of accurately recording, in

accordance with

Section 27, each period of duty status, in whole or in part;

“Federal Act” means the Motor Vehicle Transport Act (Canada);

“Federal regulations” means the Commercial Vehicle Drivers Hours of Service

Regulations made under the Federal Act;

“home terminal” means a carrier’s place of business where a driver ordinarily

reports for work and, for the purpose of recording information related to the

drivers’ record of duty status, includes a temporary work site designated by the

carrier;

“inspector” means an inspector appointed under the Act;

“inter-provincial carrier” means a motor carrier that is engaged in an undertaking

that connects a province with any other province or extends beyond the limits of a

province;

“Minister” means the Minister of Public Works;

“motor carrier” means a motor carrier as defined in the Act;

“off-duty time” means all of the following:

(

i) any time other than on-duty time;

(ii) time spent by a driver as a passenger, provided that all of the

following conditions are met:

(

A) at the request of the carrier who employs or otherwise engages

the driver, the time is spent travelling to the destination where

the driver will begin driving,

(

B) the driver has taken 8 consecutive hours of off-duty time before

the driver begins to drive;

“on-duty time” means the time beginning from when a driver starts work or is

required by the carrier to be available to work, other than when the driver is

waiting to be assigned to work, and ending when the driver stops work or is

relieved of responsibility by the carrier, and includes driving time and time spent

by the driver doing any of the following activities:

(

i) inspecting, servicing, repairing, conditioning, fuelling or starting a

commercial vehicle,

(ii) travelling in a commercial vehicle as a co-driver, when the time is

not spent in the sleeper berth of the vehicle,

(iii) participating in the loading or unloading of a commercial vehicle,

(iv) inspecting or checking the load of a commercial vehicle,

(

v) waiting for a commercial vehicle to be serviced, loaded, unloaded or

dispatched,

(vi) waiting for a commercial vehicle or its load to be inspected and the

driver’s requirements are assessed, and, if relevant, the time spent

taking the required remedial actions,

(vii) waiting at an en-route point because of an accident or other

unplanned occurrence or situation,

(viii) performing any work for any carrier,

(ix) performing yard moves of a commercial vehicle within a terminal,

depot or port and that is not on a public road,

(

x) resting in or occupying a commercial vehicle for any other purpose,

except during any of the following times:

(

A) time counted as off-duty time,

(

B) time spent in the sleeper birth of the vehicle,

(

C) time spent in the vehicle when it is stationary to satisfy the

off-duty requirements of

Section 7,

(

D) time spent in the vehicle when it is stationary that is in addition

to the off-duty requirements of

Section 7;

“out-of-service declaration” means a declaration issued by an inspector under

Section 39 to a driver for contravention of these regulations;

“personal use” of a commercial vehicle means the use of the vehicle by a driver

other than in the course of business for a carrier;

“principal place of business” means the place or places designated by the carrier

where records of duty status and supporting documents are stored;

“record of duty status” means a record in which a driver records the information

required under Sections 25 to 27 or 31, as the case may be, for each day;

“sleeper berth” means a sleeper berth as defined in

Schedule 1;

“special permit” means an authorization to operate a commercial vehicle with

exceptions and variances to the provisions of these regulations that is granted to a

carrier under

Section 18;

“supporting document” means any one of the following documents or information

received or prepared by a driver in the course of their duties or received or

prepared by the carrier:

(

i) any electronic mobile communication record reflecting

communications between a driver and a carrier transmitted through a

driver call-in or fleet management system,

(ii) any payroll record, settlement sheet or equivalent document that

indicates payments to the driver,

(iii) any government-issued document indicating the location of the

commercial vehicle,

(iv) any reports, receipts, records or other documentation relating to the

load of the commercial vehicle, including any bill of lading, itinerary,

schedule or equivalent document that indicates the origin and

destination of each trip,

(

v) any reports, receipts, records or other documentation relating to the

servicing, repairing, conditioning, fuelling, inspection or rental of the

commercial vehicle,

(vi) any reports, dispatch or trip records, receipts, or other documentation

indicating the date, time, or location of the commercial vehicle

during a trip, including arrival and departure times;

“Technical Standard” means the Technical Standard for Electronic Logging

Devices, April 11, 2019, published by the Canadian Council of Motor Transport

Administrators, as amended from time to time.

(2) For the purposes of these regulations, every reference to “HOS Regulations” in the

Technical Standard must be read as a reference to these regulations.

Personal use of commercial vehicle

3 These regulations do not apply to a commercial vehicle when driven for personal use, if

all of the following conditions are met:

(

a) the vehicle does not have a load;

(

b) no trailers are hitched to the vehicle;

(

c) the vehicle does not travel farther than 75 km in a day;

(

d) the driver records the odometer reading in the record of duty status at the

beginning and end of the personal use;

(

e) the driver is not the subject of an out-of-service declaration.

Responsibility of carrier to restrict driving

4 A carrier must not request, require or allow a driver to drive in any of the following

circumstances:

(

a) driving would jeopardize or be likely to jeopardize the safety or health of

the public, the driver or the employees of the carrier;

(

b) the driver is the subject of an out-of-service declaration;

(

c) by driving, the driver would not be in compliance with these regulations.

On-duty time and off-duty time

Maximum daily driving time and maximum daily on-duty time

5 Except as otherwise provided in these regulations, a carrier must not request, require or

allow a driver to drive in a day after the driver has accumulated

(a) 13 hours of driving time in the day; or

(b) 14 hours of on-duty time in the day.

Mandatory off-duty time

(1) Unless a driver has taken at least 8 consecutive hours of off-duty time before

driving again, a carrier must not request, require or allow the driver to drive after

the driver has accumulated

(a) 13 hours of driving time; or

(b) 14 hours of on-duty time.

(2) A carrier must not request, require or allow a driver to drive if 16 hours has

elapsed between the end of the driver’s most recent period of 8 or more

consecutive hours of off-duty time and the beginning of the next period of 8 or

more consecutive hours of off-duty time.

Minimum daily off-duty time

(1) Except as otherwise provided in these regulations, a carrier must ensure that a

driver takes at least 10 hours of off-duty time in a day and the 10 hours must

include

(a) 8 consecutive hours of off-duty time; and

(

b) at least 2 hours of off-duty time that is not part of the 8 consecutive hours of

off-duty time required by clause (a).

(2) Off-duty time other than the 8 consecutive hours required by clause (1)(

b) may be

distributed throughout the day in blocks of at least 30 minutes each.

Mandatory off-duty time when driver travelling by ferry

8 A driver taking a commercial vehicle on a ferry crossing that takes more than 5 hours is

not required to take 8 consecutive hours of off-duty time as required by Sections 6 and 7

if all of the following criteria are met:

(

a) all of the following time spent by the driver totals at least 8 hours:

(

i) time spent in a sleeper berth at the terminal while waiting to board

the ferry,

(ii) time spent in rest accommodations on the ferry,

(iii) time spent in a sleeper berth at a rest stop that is 25 km or less from

the point where the vehicle disembarks from the ferry;

(

b) the times listed in clause (

a) are recorded in the record of duty status as

off-duty time spent in a sleeper berth;

(

c) the driver retains the receipt for the crossing and rest accommodation fees as

a supporting document, and the receipt coincides with the record of duty

status entries.

Deferral of daily off-duty time

(1) Except as prohibited in subsection (2), a driver may defer a maximum of 2 hours

of daily off-duty time to the following day if all of the following criteria are met:

(

a) the off-duty time deferred is not part of the daily 8 consecutive hours of

off-duty time required by clause 7(1)(a);

(

b) the total off-duty time taken in the 2 days is at least 20 hours;

(

c) the deferred off-duty time is taken consecutively with the daily 8

consecutive hours of off-duty time that the driver takes in the 2nd day;

(

d) the total driving time accumulated by the driver in the 2 days does not

exceed 26 hours;

(

e) the driver adds a declaration in their record of duty status that

(

i) states that the driver is deferring off-duty time under this Section, and

(ii) clearly indicates whether the driver is driving under day 1 or day 2 of

the days affected by the deferral.

(2) A driver who is splitting off-duty time in accordance with

Section 10 or 11 must

not defer their daily off-duty time under this Section.

Single driver splitting daily off-duty time

(1) A driver of a commercial vehicle fitted with a sleeper berth may meet the 8

consecutive hours of mandatory off-duty time required by

Section 6 and the

minimum 10 hours of daily off-duty time required by

Section 7 by accumulating

off-duty time in 2 periods if all of the following criteria are met:

(

a) neither period of off-duty time is shorter than 2 hours;

(

b) the total of the 2 periods of off-duty time is at least 10 hours;

(

c) the off-duty time is spent resting in the sleeper berth;

(

d) none of the daily off-duty time is deferred to the next day;

(

e) the total of the driving time in the periods immediately before and after each

of the periods of off-duty time is not longer than 13 hours;

(

f) the total of the on-duty time in the periods immediately before and after

each of the periods of off-duty time does not include any driving time after

the 14th hour;

(

g) the elapsed time in the periods immediately before and after each of the

periods of off-duty time does not include any driving time after the 16th

hour after the driver comes on duty.

(2) The 16th hour referred to in clause (1)(

g) is calculated as follows:

(

a) by excluding any period spent in the sleeper berth that

(

i) is 2 hours or longer in duration, and

(ii) totals at least 10 hours when added to a subsequent period in the

sleeper berth; and

(

b) by including all of the following:

(

i) all on-duty time,

(ii) all off-duty time not spent in the sleeper berth,

(iii) all periods of less than 2 hours spent in the sleeper berth,

(iv) any time spent in the sleeper berth that does not qualify as counting

towards meeting the requirements of this Section.

(3) After a driver takes their split daily off-duty time in accordance with subsection

(1), a carrier must not request, require or allow the driver to drive again in

accordance with the requirements of Sections 6 and 7 without first taking at least 8

consecutive hours of off-duty time.

Team of drivers splitting daily off-duty time

(1) A team of drivers of a commercial vehicle fitted with a sleeper berth may meet the

8 consecutive hours of mandatory off-duty time required by

Section 6 and the

minimum 10 hours of daily off-duty time required by

Section 7 by accumulating

off-duty time in 2 periods if all of the following criteria are met:

(

a) neither period of off-duty time is shorter than 4 hours;

(

b) the total of the 2 periods of off-duty time is at least 8 hours;

(

c) the off-duty time is spent resting in the sleeper berth;

(

d) none of the daily off-duty time is deferred to the next day;

(

e) the total of the driving time in the periods immediately before and after each

of the periods of off-duty time is not longer than 13 hours;

(

f) the total of the on-duty time in the periods immediately before and after

each of the periods of off-duty time does not include any driving time after

the 14th hour;

(

g) the elapsed time in the periods immediately before and after each of the

periods of off-duty time does not include any driving time after the 16th

hour after the driver comes on duty.

(2) The 16th hour referred to in clause (1)(

g) is calculated as follows:

(

a) by excluding any period spent in the sleeper berth that

(

i) is 4 hours or longer in duration, and

(ii) totals at least 8 hours when added to a subsequent period in the

sleeper berth; and

(

b) by including all of the following:

(

i) all on-duty time,

(ii) all off-duty time not spent in the sleeper berth,

(iii) all periods of less than 4 hours spent in the sleeper berth,

(iv) any time spent in the sleeper berth that does not qualify as counting

towards meeting the requirements of this Section.

(3) After a team of drivers takes their split daily off-duty time in accordance with

subsection (1), a carrier must not request, require or allow the team drivers to drive

again in accordance with the requirements of Sections 6 and 7 without each driver

first taking at least 8 consecutive hours of off-duty time.

Cycles

Driver must follow cycle 1 or cycle 2

12 A carrier must require that a driver follow either cycle 1 or cycle 2.

Mandatory off-duty time in 14-day period

13 Subject to the longer minimums required by Sections 16 and 17 for when a cycle is reset

or switched, a carrier must not request, require or allow a driver to drive again unless the

driver has taken at least 24 consecutive hours of off-duty time in the previous 14 days.

Maximum on-duty time for cycle 1 driver

14 A carrier must not request, require or allow a driver who is following cycle 1 to drive

again after the driver has accumulated 70 hours of on-duty time during any of the

following:

(

a) any 7 consecutive days;

(

b) the cycle that was ended or switched from, for a driver who has reset their

cycle in accordance with

Section 16 or switched their cycle in accordance

with

Section 17.

Maximum on-duty time for cycle 2 driver

15 A carrier must not request, require or allow a driver who is following cycle 2 to drive

again in their current cycle after the driver has accumulated

(a) 120 hours of on-duty time during any of the following:

(

i) any 14 consecutive days, or

(ii) the cycle that was ended or switched from, for a driver who has reset

their cycle in accordance with

Section 16 or switched their cycle in

accordance with

Section 17; or

(b) 70 hours of on-duty time, unless the driver takes at least 24 consecutive

hours of off-duty time.

Off-duty time before cycle reset

(1) A driver may end their current cycle and begin a new cycle that is the same as their

current cycle if the driver first takes the following off-duty time:

(

a) for cycle 1, at least 36 consecutive hours;

(

b) for cycle 2, at least 72 consecutive hours.

(2) After a driver takes the off-duty time required by subsection (1), the driver begins a

new cycle, the accumulated hours are set back to zero and the driver’s hours begin

to accumulate again.

Off-duty time before cycle switched

(1) A carrier must not request, require or allow a driver to switch from one cycle to the

other without first taking the following off-duty time before driving again:

(

a) to switch from cycle 1 to cycle 2, at least 36 consecutive hours;

(

b) to switch from cycle 2 to cycle 1, at least 72 consecutive hours.

(2) After a driver takes the off-duty time required by subsection (1), the driver begins

the other cycle, the accumulated hours are set back to zero and the driver’s hours

begin to accumulate again.

Special Permits

Special permits

(1) The Board may issue a special permit to a carrier if all of the following conditions

are met:

(

a) off-duty time required under these regulations needs to be reduced or

driving time and on-duty time required under these regulations needs to be

increased for any of the following purposes:

(

i) to allow a driver following a regular itinerary to reach their home

terminal or destination,

(ii) to allow the delivery of perishable goods,

(iii) to accommodate a significant temporary increase in the transportation

of passengers or goods by the carrier;

(

b) the safety and health of the public, the driver and the employees of the

carrier are not jeopardized or are unlikely to be jeopardized.

(2) The only deviations from the requirements of these regulations that may be

authorized in a special permit issued under this

Section are the following:

(

a) reducing the 2 additional hours of daily off-duty time required by clause

7(1)(b); and

(

b) increasing the maximum daily driving time and on-duty time required by

Section 6 by up to a total of 2 hours.

Applying for special permit

(1) A carrier may apply to the Board for a special permit by providing all of the

following information and documents to the Board:

(

a) the name of the carrier;

(

b) all of the following for each driver who will operate a commercial vehicle

under the special permit:

(

i) name,

(ii) driver’s license number and province where the license was issued;

(

c) a list of the commercial vehicles which will be operated by the carrier under

the special permit;

(

d) a list of all accidents involving the carrier or any of its drivers that occurred

during the previous 6 months, if the laws of the province, state or country in

which the accidents occurred require the accidents to be reported to police;

(

e) the duration requested by the carrier for the special permit;

(

f) the

schedule requested by the carrier for operating under the special permit;

(

g) the reasons for the application and evidence supporting the reasons;

(

h) a copy of each special permit issued to the carrier under these regulations in

the previous 5 years;

(

i) a signed declaration that discloses all of the following:

(

i) any application made under these regulations by the carrier for a

special permit,

(ii) any application for a special permit made by the carrier to any

provincial or territorial director in the previous 6 months under any

province’s regulations respecting commercial drivers hours of

service;

(

j) a detailed description of the load for which the permit will apply.

(2) The Board may, at any time after the application has been made, require an

applicant to provide additional information in order for the Board to evaluate

whether the granting of a permit would be likely to jeopardize the safety or health

of the public, the driver or the employees of the carrier.

(3) A carrier applying for a special permit must make all of the following information

available to the Board on request for each driver who will operate a commercial

vehicle under the special permit:

(

a) the records of duty status for the previous 6 months;

(

b) supporting documents or records of on-duty times for the previous 6

months.

Information specified in special permit

20 The Board must specify all of the following in a special permit:

(

a) the reasons for issuing the permit;

(

b) the duration of the permit, which must not exceed 1 year;

(

c) any terms or conditions required for the protection of the safety or health of

the public, the driver or the employees of the carrier.

Obligations of special permit holders

(1) A carrier to whom a special permit is issued must do all of the following:

(

a) require that a copy of the special permit is placed in each commercial

vehicle operating under the permit;

(

b) provide the Board with a list of the commercial vehicles that will be

operating under the permit and keep the Board informed of any changes to

the list;

(

c) make all of the following information immediately available to the Board on

request for each driver who operates a commercial vehicle under the permit:

(

i) record of duty status,

(ii) supporting documents and any related relevant records;

(

d) notify the Board without delay of any accidents involving any of the

commercial vehicles operating under the permit if the laws of the province,

state or country in which the accidents occurred require that the accident be

reported to the police.

(2) A carrier must ensure that a driver driving under a special permit issued to the

Amending, suspending or cancelling special permits

22 The Board may amend, suspend or cancel a carrier’s special permit in any of the

following circumstances by giving the carrier written notice:

(

a) the carrier or any of its drivers contravenes these regulations or any

condition of the special permit;

(

b) the Board determines that the safety and health of the public, the driver or

the employees of the carrier are jeopardized or are likely to be jeopardized.

Emergencies and Adverse Driving Conditions

Extending driving time in emergencies

(1) In this Section, “emergency,” in relation to a commercial vehicle, means an

unexpected event or situation that constitutes a danger to any of the following:

(

a) the occupants of the commercial vehicle;

(

b) the security of the commercial vehicle and its load;

(

c) road users.

(2) Despite any other provision of these regulations, a driver who requires more

driving time in an emergency to avoid the dangers listed in subsection (1) and

reach a safe destination may drive longer than the maximum driving times and

on-duty times required by these regulations and take less than the off-duty times

required by these regulations to reach the safe destination.

Extending driving time in adverse driving conditions

24 A driver who encounters adverse driving conditions while driving a commercial vehicle

may drive longer than the maximum 13 hours of driving time and the maximum 14

hours of daily on-duty time required by Sections 5 and 6 and reduce the 2 hours of daily

off-duty time required by

Section 7 by the amount of time needed to complete the trip if

all of the following criteria are met:

(

a) the driving, on-duty and elapsed times in the cycle are not extended more

than 2 hours;

(

b) the driver takes the 8 consecutive hours of mandatory off-duty time required

Section 6;

(

c) the trip could have been completed under normal driving conditions without

extending the driving, on-duty and elapsed times and reducing off-duty

time.

Record Keeping

Requirement to fill out record of duty status

(1) Except as provided in subsection (2), a carrier must require a driver to fill out a

record of duty status each day that accounts for all of the driver’s on-duty time and

off-duty time for that day.

(2) The requirement to fill out a record of duty status in subsection (1) does not apply

if all of the following criteria are met:

(

a) the driver is not driving under a special permit;

(

b) the driver operates or is instructed by the carrier to operate a commercial

vehicle within a radius of 160 km of the home terminal;

(

c) the driver returns to the home terminal each day to begin a minimum of 8

consecutive hours of off-duty time;

(

d) either 1 of the following conditions is met:

(

i) the carrier maintains accurate and legible records showing, for each

day, the cycle the driver followed and on-duty times and keeps those

records and the supporting documents relating to those records for a

minimum period of 6 months after the day on which each record was

recorded,

(ii) for at least 6 months after the date the records were created, the

carrier maintains accurate and legible records for each driver for each

day showing the hour that each on-duty segment starts and ends and

the total on-duty time, and all of the following conditions are met:

(

A) the driver’s elapsed time does not exceed 16 hours,

(

B) the driver’s total on-duty time does not exceed 14 hours,

(

C) the driver maintains accurate and legible records for each day

showing the hour that each on-duty segment starts and ends

and the total on-duty time, and the records for the previous 7

days are kept in the vehicle for inspection.

Content of record of duty status

(1) A carrier must require that a driver enters legibly all of the following information

in a record of duty status for the day at the beginning of the driver’s first on-duty

time for the day or, if not known, at the first on-duty time of the day as it known:

(

a) the date;

(

b) their start time, if other than midnight;

(

c) the driver’s name;

(

d) the names of any co-drivers;

(

e) the cycle the driver is following;

(

f) the license plates or unit numbers of each commercial vehicle operated by

the driver;

(

g) for each commercial vehicle operated by the driver, the odometer reading

when the driver begins driving;

(

h) the names and the addresses of

(

i) the home terminal, and

(ii) the principal place of business of each carrier who employs or

otherwise engages the driver during the day;

(

i) if the carrier or driver was not required to keep a record of duty status

immediately before the beginning of the day, the number of hours of

off-duty time and on-duty time that were accumulated by the driver each

day during the previous 14 days;

(

j) for a driver who has deferred off-duty time under

Section 9, a declaration in

the record of duty status in accordance with clause 9(1)(e).

(2) A carrier must require that a driver records all of the following information in a

record of duty status as the information becomes known:

(

a) the time the driver spends in each duty status during the day, in accordance

with

Schedule 2;

(

b) if the driver’s driving time is interrupted by a number of periods of other

on-duty time of less than 1 hour each, the periods of driving time may be

combined and the periods of other on-duty time may be combined;

(

c) the name of the municipality, or the location on a highway or in a

community, and the name of the province or state where each of the driver’s

duty status changes occurred during the day.

(3) A carrier must require that a driver records all of the following in a record of duty

status at the end of each day:

(

a) the total time the driver spends in each duty status during the day;

(

b) the total distance driven by the driver during the day, excluding any distance

driven for the driver’s personal use;

(

c) the odometer reading of each commercial vehicle operated by the driver at

the end of the day;

(

d) the name of the municipality or legal subdivision and the name of the

province or state where a change in duty status occurs or, if the change in

duty status occurs at a location other than a municipality or legal

subdivision, one of the following:

(

i) the highway number and the nearest kilometre marker as well as the

name of the nearest municipality or legal subdivision,

(ii) the highway number and the nearest service plaza as well as the

name of the nearest municipality or legal subdivision,

(iii) the numbers of the highways that meet at the nearest intersection as

well as the name of the nearest municipality or legal subdivision.

(4) A carrier must require that a driver signs the record of duty status completed by the

driver, attesting to the accuracy of the information recorded in it.

Using electronic recording devices

27 A driver may use an electronic recording device for recording their duty status if all of

the following criteria are met:

(

a) the information contained in the electronic recording device is the same as

the information that would have been provided if it had been submitted as a

record of duty status in paper format;

(

b) the driver can immediately provide the information for the previous 14 days

to an inspector, when requested, by producing it in any of the following

ways or combination of the following ways:

(

i) on a digital display screen of the electronic recording device,

(ii) in handwritten form,

(iii) on a print-out or other intelligible output;

(

c) the device is capable of displaying all of the following information:

(

i) the driving time and other on-duty time for each day the device is

used,

(ii) the total on-duty time accumulated and the total on-duty time

remaining in the cycle the driver is following,

(iii) the changes in duty status in chronological order and the time that

each change occurred for each day the device is used;

(

d) the driver can prepare a handwritten record of duty status from the

information stored in the device for each day the device is used if requested

by an inspector;

(

e) the device automatically records the time and date any time it is

disconnected and any time it is reconnected and stores the record;

(

f) the device records the time the driver spent in each duty status;

(

g) any hard copy of the record of duty status that is generated from the

information stored in the device is signed on each page by the driver,

attesting to its accuracy;

(

h) the carrier provides blank record of duty status forms in the commercial

vehicle for the driver’s use.

Possession of records of duty status and supporting documents by drivers

28 A carrier must not request, require or allow a driver who is required to fill out a record of

duty status to drive unless the driver has all of the following in their possession:

(

a) a copy of the records of duty status for the previous 14 days;

(

b) the record of duty status for the current day, completed up to the time that

the driver’s duty status last changed;

(

c) any supporting documents and any related relevant records that the driver

received during the current trip.

Distributing and keeping records of duty status

(1) A carrier must ensure that a driver, within 20 days after completing a record of

duty status, forwards the record of duty status and supporting documents relating to

that record to the driver’s home terminal.

(2) A carrier must ensure that a driver who is employed or otherwise engaged by more

than one carrier in any day must forward, within 20 days after completing a paper

record of duty status, the original record of duty status to the home terminal of the

last carrier for which the driver worked and a copy to the home terminal of each

other carrier for which the driver worked, as well as the supporting documents

relating to that record to the home terminal of the carrier for which the driver

worked during the periods referred to in those supporting documents.

(3) A carrier must do all of the following with the records of duty status and

supporting documents of the drivers it employs or otherwise engages:

(

a) deposit them at its principal place of business no later than 30 days after the

date they are received;

(

b) keep them for at least 6 months, in chronological order for each driver.

Tampering and falsifying record of duty status

(1) A carrier must not request, require or allow a driver to keep more than 1 record of

duty status for each day.

(2) A carrier must not request, require or allow any person to do any of the following:

(

a) enter inaccurate information in a record of duty status, whether it is

handwritten or produced using an electronic recording device;

(

b) falsify, mutilate or deface a record of duty status or supporting documents.

(3) A carrier must not request, require or allow any person to disable, deactivate,

disengage, jam or otherwise block or degrade a signal transmission or reception, or

re-engineer, reprogram or otherwise tamper with an ELD so that the device does

not accurately record and retain the data that is required to be recorded and

retained.

Inter-provincial carriers and ELDs

(1) Despite Sections 25 and 27, an inter-provincial carrier must ensure that each

commercial vehicle that it operates is equipped with an ELD that meets the

requirements of the Technical Standard, and must ensure that it is mounted in a

fixed position during the operation of the commercial vehicle and is visible to the

driver when the driver is in the normal driving position, with the exception of

commercial vehicles that are

(

a) operated by a carrier under a permit obtained under

Section 61 of the

Federal regulations;

(

b) operated by a carrier to which an exemption has been issued under the Act;

(

c) the subject of a rental agreement of no longer than 30 days that is not an

extended or renewed rental of the same vehicle; or

(

d) manufactured before model year 2000.

(2) The carrier must require the driver to record, for each day, in accordance with these

regulations and the Technical Standard, all the information associated with their

record of duty status as their duty status changes.

(3) Subsections (1) and (2) do not apply if

(

a) the driver drives or is instructed by the carrier to drive a commercial vehicle

within a radius of 160 km of the home terminal;

(

b) the driver returns to the home terminal each day to begin a minimum of 8

consecutive hours of off-duty time; and

(

c) the carrier maintains accurate and legible records showing, for each day, the

cycle the driver followed and on-duty times and keeps those records and the

supporting documents related to those records for a minimum period of 6

months after the day on which each record was recorded.

(4) If a carrier authorizes a driver to operate a commercial vehicle for yard moves

within a terminal, depot or port and that is not on a public road, the carrier must

ensure that the driver’s ELD has been configured so that the driver can indicate

those moves.

(5) A carrier must not request, require or allow a driver to use more than one ELD at

the same time for the same period.

(6) The carrier must ensure that each commercial vehicle that it operates carries an

ELD information package containing a current version of the following

documents:

(

a) a user’s manual;

(

b) an instruction sheet for the driver describing the data transfer mechanisms

supported by the ELD and the steps required to generate and transfer the

data with respect to the driver’s hours of service to an inspector;

(

c) an instruction sheet for the driver describing the measures to take in the

event that the ELD malfunctions; and

(

d) a sufficient number of records of duty status to allow the driver to record the

information required under

Section 26 for at least 15 days.

(7) The carrier must ensure that the driver records the information related to their

record of duty status in a complete and accurate manner.

Malfunction

(1) A carrier must ensure that any ELD that is installed or used in a commercial

vehicle that it operates is in good working order and is calibrated and maintained in

accordance with the manufacturer’s or seller’s specifications.

(2) A carrier must, within 14 days after the day on which it is notified of an ELD

malfunction code by the driver or otherwise becomes aware of it, or at the latest,

upon return of the driver to the home terminal from a planned trip if that return

exceeds the 14-day period, repair or replace the ELD.

(3) A carrier must maintain a register of ELD malfunction codes for ELDs installed or

used in commercial vehicles that it operates for which a malfunction was noticed,

and that register must contain all of the following information:

(

a) the name of the driver who noticed the malfunction code;

(

b) the name of each driver that used the commercial vehicle following the

discovery of the malfunction code until the ELD was repaired or replaced;

(

c) the make, model and serial number of the ELD;

(

d) the licence plate of the commercial vehicle in which the ELD is installed or

used, or the Vehicle Identification Number;

(

e) the date when the malfunction code was noticed and the location of the

commercial vehicle on that date, as well as the date when the carrier was

notified or otherwise became aware of the code;

(

f) the date the ELD was replaced or repaired;

(

g) a concise description of the actions taken by the carrier to repair or replace

the ELD.

(4) A carrier must retain the information set out in subsection (3) for each ELD for

which a malfunction was noticed for a period of 6 months from the day on which

the ELD is replaced or repaired.

Accounts

33 A carrier must create and maintain a system of accounts for ELDs that is in compliance

with the Technical Standard and that

(

a) allows each driver to record their record of duty status in a distinct and

personal account; and

(

b) provides for a distinct account for the driving time of an unidentified driver.

Verification of records of duty status

34 A carrier must verify the accuracy of the certified records of duty status that are

forwarded by the driver according to the supporting documents provided and must

require from the driver those changes necessary to ensure the accuracy of the records.

Inspections and Compliance

Monitoring by carriers

(1) A carrier must monitor each of its drivers to ensure the driver complies with these

regulations.

(2) A carrier that determines that a driver who is employed or otherwise engaged by

the carrier has not complied with these regulations must take immediate remedial

action, issue a notice of non-compliance to the driver and record all of the

following:

(

a) the dates the non-compliance occurred;

(

b) the date the notice of non-compliance was issued;

(

c) the remedial action taken.

Authority to enter premises for inspection

(1) During business hours, an inspector may enter a home terminal or principal place

of business, other than living quarters, to inspect records of duty status, supporting

documents and any related relevant records.

(2) At any time, an inspector may stop and enter a commercial vehicle, except for its

sleeper berth, to inspect records of duty status and supporting documents.

(3) At any time, an inspector may stop a commercial vehicle and enter its sleeper berth

to verify that the sleeper berth meets the criteria in

Schedule 1.

Obstructing inspector or making false statements

37 A carrier must not obstruct or hinder, or knowingly make any false or misleading

statements either orally or in writing to an inspector who is engaged in carrying out their

duties and functions under these regulations.

Records of duty status and supporting documents produced by carrier

(1) At the request of an inspector, a carrier must immediately produce all of the

following for inspection during business hours at a place specified by the inspector:

(

a) records of duty status;

(

b) supporting documents and any related relevant records;

(

c) records of driving time of an unidentified driver;

(

d) the register of ELD malfunction;

(

e) any special permit that a driver employed or otherwise engaged by the

carrier has been driving under during the period the information is requested

for.

(2) The carrier must transmit to an inspector the electronic records of duty status in the

format, and using one of the transfer methods, prescribed in the Technical

Standard.

Out-of-service declarations

(1) An inspector may issue an out-of-service declaration for a driver in any of the

following circumstances:

(

a) the driver contravenes clause 4(a);

(

b) the driver fails to comply with any of the driving time or off-duty time

requirements in these regulations;

(

c) the driver is unable or refuses to produce the record of duty status,

supporting documents and any other related relevant records as required by

these regulations;

(

d) there is evidence that shows that the driver has done any of the following in

contravention of these regulations:

(

i) completed more than 1 record of duty status,

(ii) entered inaccurate information in a record of duty status,

(iii) falsified information in a record of duty status;

(

e) the driver has mutilated or defaced a record of duty status or a supporting

document in such a way that the inspector cannot determine whether the

driver has complied with the driving time and off-duty time requirements

described in these regulations;

(

f) if the driver uses an ELD, the driver uses an ELD that has a disabled,

deactivated, disengaged, jammed or otherwise blocked or degraded signal

transmission or reception, or uses an ELD that has been re-engineered,

reprogrammed or otherwise tampered with so that it does not accurately

record and retain the data that is required to be recorded and retained, in

such a way that the inspector is unable to determine whether the driver has

complied with the driving time and off-duty time requirements of these

regulations or of a term or condition of a special permit.

(2) An out-of-service declaration issued under subsection (1) must be issued in writing

to both the driver and the carrier who employs or otherwise engages the driver and

must include all of the following:

(

a) the reasons the driver has been issued the declaration;

(

b) the length of time the declaration applies, in accordance with subsection (3).

(3) An out-of-service declaration issued for a driver prohibits the driver from operating

a commercial vehicle, including operating a commercial vehicle for personal use,

and applies for the following applicable length of time:

(

a) for 10 consecutive hours, if the driver contravenes clause 4(a);

(

b) for 10 consecutive hours, if the driver contravenes

Section 5;

(

c) for the number of hours needed to correct the failure, if the driver fails to

comply with the off-duty time requirements of any of Sections 5 to 17; and

(

d) subject to any further hours required to comply with subsection (4), for 72

consecutive hours, if the driver contravenes

Section 30.

(4) An out-of-service declaration issued for a driver who contravenes

Section 30

continues to apply beyond the 72 hours specified in clause (3)(

d) until the driver

makes any necessary changes to correct the record of duty status and provides the

record of duty status to the inspector, and the inspector is able to determine

whether the driver has complied with these regulations.

Schedule 1: Criteria for Sleeper Berths

An area of a commercial vehicle is a sleeper berth if it meets all of the following criteria:

(

a) it is designed to be used as sleeping accommodation;

(

b) it is located in the cab of the commercial vehicle or immediately adjacent to the

cab and is securely fixed to it;

(

c) it is not located in or on a semi-trailer or a full trailer;

(

d) if it is located in the cargo space, it is securely compartmentalized from the

remainder of the cargo space;

(

e) it is rectangular in shape with the following minimum dimensions:

(i) 1.9 m in length, measured on the centre line of the longitudinal axis,

(ii) 60 cm in width, measured on the centre line of the transverse axis, and

(iii) 60 cm in height, measured from the sleeping mattress to the highest point of

the area;

(

f) it is constructed so that there are no impediments to ready entrance to or exit from

the berth;

(

g) there is a direct and readily accessible means of passing from it into the driver’s

seat or compartment;

(

h) it is protected against leaks and overheating from the vehicle’s exhaust system;

(

i) it is equipped to provide adequate heating, cooling and ventilation;

(

j) it is reasonably sealed against dust and rain;

(

k) it is equipped with a mattress that is at least 10 cm thick and adequate sheets and

blankets so that the occupant can get restful sleep;

(

l) it is equipped with a means of preventing the occupant from being ejected from the

berth when the commercial vehicle is decelerating that is designed, installed and

maintained to withstand a total force of 2700 kg applied toward the front of the

vehicle and parallel to the longitudinal axis of the vehicle.

Schedule 2: Duty Status Information for a Record of Duty Status

Duty Status

Name _____________________________ Date __________________________

Cycle 1 (7 days) OR Cycle 2 (14 days)

(Hour that day begins—use local time at home terminal)

Remarks _____________________________________________________________

Total distance driven ____________________________________________________

Signature _____________________________________________________________

Instructions for Recording Duty Status

Filling out grid

Fill out the grid as follows:

(1) for each duty status,

• mark the beginning time and the end time

• draw a continuous line between the time markers

(2) in the last column on the right of the grid, enter the total number of hours of each period

of duty status (total of all periods must be 24 hours)

Change in duty status remarks

For each change in duty status, record the following in the Remarks section:

• the name of the municipality where the change occurred

• the location on a highway or in a community and the name of the province or state where

the change occurred

Legislative History

Reference Tables

Board Motor Carrier Act Hours of Service Regulations

N.S. Reg. 334/2022

Motor Carrier Act

Note: The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Board Motor Carrier Act Hours of Service Regulations made under the Motor Carrier Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

334/2022

Jan 1, 2023

date specified

Dec 30, 2022

The following regulations are not yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

..........................................................

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections

Note

Effective

date

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of regulations on this subject matter.