O. Reg. 136/21: HOURS OF SERVICE

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ontario regulation 136/21

made under the

Highway Traffic Act

Made: February 25, 2021
Filed: February 26, 2021
Published on e-Laws: February 26, 2021
Printed in The Ontario Gazette: March 13, 2021

Amending O. Reg. 555/06

(HOURS OF SERVICE)

1. Subsection 21 (2) of Ontario Regulation 555/06 is amended by striking out “and” after “an understandable format” and substituting “or”.

2. (1) Subsection 23 (2) of the Regulation is amended by striking out “forthwith” and substituting “immediately”.

(2) Section 23 of the Regulation is amended by adding the following subsection:

(2.1) If a demand is made under subsection (2), the following rules apply with respect to a driver who uses a computer to make a daily log:

1.  If the demand requires the driver to surrender to the inspector a printed or handwritten daily log generated from the information stored in the computer for each of the days, the driver shall immediately do so.

2.  If the demand requires the driver to electronically transmit to the inspector the information stored in the computer for each of the days, the driver shall do so as soon as reasonably possible.

(3) Subsection 23 (3) of the Regulation is revoked and the following substituted:

(3) If a demand is made under subsection (2), the following rules apply to a driver who uses a recording device to make a daily log or who has used a recording device to make a daily log for any of the preceding 14 days:

1.  If the demand requires the driver to surrender to the inspector a printed or handwritten daily log generated from the information stored in the device for each of the days, the driver shall immediately do so.

2.  If the demand requires the driver to show the following displays to the inspector, the driver shall immediately do so:

i.  A readable display from the device of the required information stored in the device for each of the days.

ii.  A readable display from the device indicating that it has not been disconnected during any of the previous 14 days that it has been used to make a daily log.

3.  If the demand requires the driver to electronically transmit to the inspector the information stored in the device for each of the days, the driver shall do so as soon as reasonably possible.

3. Subsection 25 (2) of the Regulation is revoked and the following substituted:

(2) Despite subsection (1), an operator may keep a daily log or record that is in electronic format at any place if,

(a)  the daily log or record can be readily accessed by the operator from the operator’s principal place of business;

(b)  a readable and understandable display of the information in the daily log or record can be produced at the operator’s principal place of business; and

(c)  the operator would, from the operator’s principal place of business, be able to comply with a requirement that the daily log or record be stored or transmitted in a particular way in accordance with subsection 225 (2.3) of the Act.

(3) The following rules apply with respect to an operator who possesses a daily log, supporting document or record in electronic format:

1.  If an officer appointed for the purpose of carrying out the provisions of the Act requires the operator to generate a printed copy of the daily log, supporting document or record, the operator shall do so if the operator has the technical capacity to do so.

2.  If an officer appointed for the purpose of carrying out the provisions of the Act requires that the daily log, supporting document or record be stored or transmitted in a particular way in accordance with subsection 225 (2.3) of the Act, the operator shall store or transmit the daily log, supporting document or record in accordance with the officer’s requirement.

Commencement

4. This Regulation comes into force on the later of the day section 1 of Schedule 18 to the Plan to Build Ontario Together Act, 2019 comes into force and the day this Regulation is filed.

 

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