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Governor in Council Motor Carrier Act Hours of Service Regulations

made under

Section 27 of the

Motor Carrier Act

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

O.I.C. 2022-327 (effective January 1, 2023), N.S. Reg. 336/2022

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 driver for safe 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

Driving under special permit

Emergencies and Adverse Driving Conditions

Extending driving time in emergencies

Extending driving time in adverse driving conditions

Reason for extending driving time recorded in record of duty status

Record-Keeping

Time recorded as local time

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

Certification of record of duty status

Verification of records of duty status

Inspections and Compliance

Authority to enter premises for inspection

Obstructing inspector or making false statements

Records of duty status and supporting documents produced by driver

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 Governor in Council 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 35, 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,

(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 24, 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 36 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 23 to 25 or 29, 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 the Board Motor Carrier Act Hours of Service Regulations ;

“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 driver for safe driving

4 A driver must not 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 a 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 driver must not drive again 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, the driver must not drive again after the driver has accumulated

(a) 13 hours of driving time; or

(b) 14 hours of on-duty time.

(2) A driver must not drive again 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 driver must take 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), the driver must not 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), the team drivers must not 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 driver must 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 driver must not 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 driver who is following cycle 1 must not 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 driver who is following cycle 2 must not 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 driver must not 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

Driving under special permit

18 A driver driving under a special permit issued to a carrier must drive in accordance with

Emergencies and Adverse Driving Conditions

Extending driving time in emergencies

(1) In this

Section and in

Section 21, “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

20 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.

Reason for extending driving time recorded in record of duty status

21 A driver who exceeds their driving time, on-duty time or elapsed times, or reduces their

off-duty time because of an emergency or adverse driving conditions must record the

reason for doing so in the record of duty status.

Record-Keeping

Time recorded as local time

22 Time recorded by a driver in a record of duty status must be recorded using the local

time at the driver’s home terminal.

Requirement to fill out record of duty status

(1) Except as provided in subsection (2), a driver must 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 driver must enter 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 becomes 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 driver must record 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 driver must record 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 driver must sign the record of duty status completed by the driver, attesting to

the accuracy of the information recorded in it.

Using electronic recording devices

25 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

26 A driver who is required to fill out a record of duty status must not 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 driver must, within 20 days after completing a record of duty status, forward the

record of duty status and supporting documents relating to that record to the home

terminal.

(2) 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.

Tampering and falsifying record of duty status

(1) A driver must not keep more than 1 record of duty status for each day.

(2) A driver must not 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 driver must not 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 23 and 25, 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 driver must 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) A driver must manually input or verify all of the following information on the

ELD:

(

a) the date and the start time, if different from midnight, and their driver

identification number;

(

b) the cycle that the driver is following;

(

c) the commercial vehicle license plates as well as the unit number or trailer

number, if applicable;

(

d) the names and the addresses of the home terminal and the principal place of

business of the carrier by which the driver was employed or otherwise

engaged during that day;

(

e) the commercial vehicle’s location description, if it is not automatically

drawn from the ELD’s geo-location database;

(

f) if the 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 14

days immediately before the beginning of the day;

(

g) any deferral of off-duty time under

Section 9;

(

h) if the driver was working for more than one carrier during the current day or

the previous 14 days

(

i) for each day during the 14 days immediately before the current day,

the total number of hours for each duty status that were accumulated

by the driver, and the beginning and end time of each 16-hour period

referred to in subsection 6(2), and

(ii) the start and end times of each duty status in the current day, before

the use of the ELD;

(

i) any annotation necessary to complete the record of duty status.

(5) A driver must not use more than one ELD at the same time for the same period.

(6) A driver must record the information related to their record of duty status in a

complete and accurate manner.

Malfunction

(1) If a driver of a commercial vehicle becomes aware of the fact that the ELD is

displaying a malfunction code set out in Table 4 of

Schedule 2 of the Technical

Standard, the driver must notify the carrier that is operating the commercial vehicle

as soon as the vehicle is parked.

(2) The driver must record, in the record of duty status on the day on which they

noticed the malfunction, the following information:

(

a) the malfunction as set out in Table 4 of

Schedule 2 of the Technical

Standard;

(

b) the date and time when the malfunction was noticed; and

(

c) the time when notification of the malfunction was transmitted to the carrier.

(3) The driver must record the code referred to in clause (2)(

a) in each record of duty

status following the day on which the code was noticed, until the ELD is repaired

or replaced.

Certification of record of duty status

31 A driver must, immediately after recording the last entry for a day, certify the accuracy of

their record of duty status.

Verification of records of duty status

(1) 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.

(2) The driver must either accept or reject the changes required by the carrier, make

the necessary changes and recertify the accuracy of their record of duty status and

forward the amended records of duty status to the carrier.

Inspections and Compliance

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

34 A driver 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 driver

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

following for inspection for the current trip and the previous 14 days:

(

a) records of duty status;

(

b) supporting documents and any related relevant records;

(

c) any special permit that the driver has driven under.

(2) At the request of an inspector, a driver must retrieve the information stored by any

electronic recording device installed in a commercial vehicle for each day the

device was used.

(3) If the records requested by the inspector are in electronic format, the driver must

produce either the display or a printout of the records and, if requested by the

inspector to transmit the records of duty status, must transmit them by the transfer

method identified by the inspector that is provided for in the Technical Standard

and is supported by the ELD.

(4) At the request of an inspector, a driver must immediately give the inspector a copy

of all of the following for the previous 14 days, or the originals of all of the

following if it is not possible in the circumstances to make copies:

(

a) records of duty status;

(

b) supporting documents and any related relevant records;

(

c) any special permit that the driver has driven under;

(

d) records of driving time of an unidentified driver;

(

e) the documents referred to in subsection 77(7) of the Federal regulations;

(

f) the register of ELD malfunction set out in subsection 78(6) of the Federal

regulations;

(

g) the information recorded under subsection 29(2) or under subsection 87(2)

of the Federal regulations.

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 28.

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

Section 28

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

Governor in Council Motor Carrier Act Hours of Service Regulations

N.S. Reg. 336/2022

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 Governor in Council 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

336/2022

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.