May 2, 2002

MTO - Hours of Work



Trucks and Buses

December 21, 2000

(Copyright) Queen's Printer for Ontario, 1999. This is an unofficial version of Government of Ontario legal materials. For accurate reference refer to the official volumes, Regulation 4/93 (Hours of Work) made under the Highway Traffic Act.


HOURS OF WORK REQUIREMENTS APPLY WHEN DRIVING
  1. Trucks and tractors with registered gross weights over 4,500 kg. (9,920 lbs),
  2. Trucks and tractors with an "actual weigh" of over 4,500 kg. ("actual weight", means the weight of the truck or tractor only, which may including any weight transferred to it by an attached trailer), and
  3. Buses. Bus means a motor vehicle designed for carrying ten or more passengers and used for the transportation of persons.

EXEMPTIONS
  1. Two and three axle straight trucks or three axle truck-trailer combinations, being used to transport primary farm, forest, sea or lake products produced by the driver or operator. (includes farm plated trucks) (primary farm products include livestock and poultry),
  2. Tow trucks or mobile cranes,
  3. Trucks and buses with dealer and service plates and permits or in-transit permits,
  4. Trucks and buses leased by individuals for 30 days or less to move their personal goods, or to carry passengers at no fare,
  5. Motor homes and buses used for personal purposes without compensation,
  6. Trucks and buses in use in public emergencies,
  7. Ambulances, fire trucks, hearses, and casket wagons, and
  8. Transit buses in local service.

IN THIS DOCUMENT
  1. "operator" means the person directly or indirectly responsible for the operation of a commercial motor vehicle including the conduct of the driver of and the carriage of goods or passengers, if any, in the vehicle or combination of vehicles.
  2. "on duty" means time during which a driver performs activities for an operator at the operator's request, as an employee of the operator or as a result of a contractual relationship with the operator, except for time during which the operator relieves the driver from responsibility.
  3. "day" means a twenty?four hour period beginning at the time designated by the operator.

EXEMPTION FROM COMPLETING A DRIVER LOG BOOK

A driver does not need to keep a daily log on any day that he or she stays within 160 kilometres of the home terminal and returns there within 15 hours, provided that;
  1. the driver's operator keeps records of the time the driver goes on and off duty and of the total time the driver is on duty, and
  2. the driver keeps a log on any day when a daily log is required that also shows the drives' total on duty time in the previous seven or thirteen consecutive days.

REQUIREMENTS

A driver may not drive a truck or bus after,
  1. having driven for 13 hours, or
  2. having been on duty for 15 hours, without first taking 8 consecutive hours off duty.

A driver may not drive a truck or bus after having been on duty for,
  1. 60 hours in 7 consecutive days, or
  2. 70 hours in 8 consecutive days, or
  3. 120 hours in 14 consecutive days. (There is a requirement for a driver using this last option to take 24 consecutive hours off duty between 0 - 75 hours. (the Ministry should be consulted for details.)

Once every 7 days, the required 8-hour off duty period may be reduced to as little as 4 consecutive hours by adding the number of reduced hours to the next 8-hour off duty period.


An 8-hour off duty period may be split into two periods, each of at least 2 hours, by taking it in a sleeper berth. When this is done, the total of the driving times immediately before and after each period in the sleeper cannot exceed 13 hours.


A driver delayed by unexpected driving conditions may exceed the allowable on duty time by 2 hours, provided the driver could have completed the trip under normal conditions within the times established.

PROCEDURES
  1. A driver, unless exempt from completing a driver log book, must make a daily written log that shows all off duty, sleeper berth, driving and on duty (not driving) time, using a continuous line drawn on a 24-hour grid. The log must be complete to the most recent changes in duty status and must show the;
    1. drive's name and signature, and name of any co-driver,
    2. date and starting time for the 24-hour period covered by the log,
    3. name and head office address of each operator for whom the driver works in the day,
    4. plate or unit number of trucks or buses, and any trailer(s), driven by the driver,
    5. odometer reading on each vehicle when the driver first drives it in the day,
    6. driver's total distance driven and total time in each duty status; and
    7. location where each duty status change occurred.
  2. The log may be kept by an automatic on-board device that can record and display,
    1. the drive's duty status for the current and previous days,
    2. changes in the drive's duty status, and
    3. time and vehicle movement and whether the device was disconnected.

    At the request of an enforcement officer, a driver must be able to make graph-grid logs in the prescribed format converting information previously recorded by the automatic device. The driver must carry blank logs for this purpose.
     
  3. Drivers must keep all supporting documents such as fuel and lodging receipts, bills of lading and shipping documents received during each trip, and must give them to the operator with the daily log.
     
  4. Drivers must give the operator the original of each log within 20 days.
     
  5. The operator must forward logs and supporting documents to his or her head office within 30 days, and must keep them there for 6 months.

    Note: A driver who is ordinarily exempted from making a daily log shall, when required to compete a log for the day, enter in it the total period of time that the driver was on duty in the preceding seven or thirteen consecutive days.



Related articles and infomation on the MTO Commercial Motor Vehicle requirements can be found below: