Frequently Asked Questions About Hours of Service

Must a motor carrier that uses a 160 km radius driver write zero (0) hours on the time record for each day the driver is off-duty (not working for the motor carrier)?
Yes.  Section 81(1)(c) requires a motor carrier to maintain accurate and legible records for each driver.

Can a short-distance driver (operating within the 160-km radius) have all of his or her on-duty time simply recorded as "on-duty - driving" even if this time includes some on-duty not driving periods?
No. However, a local driver may use the provision of Schedule 2 (c).

Allowing the driver who drives within 160 km radius to record multiple pick-ups and deliveries in blocks of on-duty and driving time can reduce the number of entries that must be recorded in the duty status records. This is consistent with the approach allowed for long haul drivers that are required to complete a daily log. Also, if the operator does not temporarily relieve the driver from responsibility for short off-duty periods (less than 30 minutes) this will eliminate other entries. In this scenario, recording a short off-duty period of 30 minutes as on-duty did not adversely affect the driver’s available time because the total on-duty time for the day was only 4 hours and 45 minutes.

A motor carrier shall require every driver to fill out and every driver shall fill out a daily log each day that accounts for all of the driver’s on-duty time and off-duty time for that day. Would a driver be allowed to record multiple days off on a single daily log?
Yes.

Are motor carriers liable for the actions of their employees, even though the carrier contends that it did not require or permit the violations to occur?
Yes. Carriers are liable for the actions of their employees. Neither intent to commit, nor actual knowledge of, a violation is a necessary element of that liability. Carriers “permit”  violations of the Regulations by their employees if they fail to have in place management systems that effectively prevent such violations.

What could happen if a driver fails to produce a daily log?
The inspector has the authority to declare a driver out-of-service for 72 consecutive hours for failing to produce a daily log.  Reference: Section 91(2)(d).

Production of Daily Logs and Supporting Documents (Sections 98 - 99)
What regulation, interpretation, and/or administrative ruling requires a motor carrier to retain supporting documents and what are those documents?
Section 85(3) requires motor carriers to retain all supporting documents at their principal places of business for a period of at least 6 months. Supporting documents are the records (handwritten or electronic) of the motor carrier which are maintained in the ordinary course of business and used by the motor carrier to verify the information recorded on the driver's daily log and/or record of duty status.  Examples of supporting documentation: bills of lading, carrier pros, freight bills, dispatch records, driver call-in records, gate record receipts, weight/scale tickets, fuel receipts, fuel billing statements, toll receipts, on-board computer reports, etc.

Schedule 2 allows a driver engaged in making deliveries in a municipality that results in start periods of driving time interrupted by short periods of “other on-duty time” to record all driving time as a combined entry.  In Schedule 2 what all daily log graph grids look like?
All the information required by Section 82 must be contained in the daily log. A motor carrier may use its own version of the daily log and the graph grid must contain all the information as specified in Schedule 2. A carrier may print a graph grid with a start hour other than midnight if it routinely designates the start of the day as sometime other than midnight (e.g.: a noon start time for the day).

Do instructions in Schedule 2 allow for the driver to use a GPS location ID?
No, as it is not recognizable.