O. Reg. 534/22: HOURS OF SERVICE, HIGHWAY TRAFFIC ACT

ontario regulation 534/22

made under the

Highway Traffic Act

Made: November 24, 2022
Filed: November 25, 2022
Published on e-Laws: November 25, 2022
Printed in The Ontario Gazette: December 10, 2022

Amending O. Reg. 555/06

(HOURS OF SERVICE)

1. (1) Clause 26 (1) (a) of Ontario Regulation 555/06 is revoked and the following substituted:

(a)  within 30 days after receiving the following documents, deposit them at its principal place of business,

(i)  each record of duty status and its supporting documents, and

(ii)  each notice of prohibition forwarded to the operator under clause 32 (b), if any; and

(2) Clause 26 (1) (b) of the Regulation is amended by striking out “and” at the end of subclause (ii), by adding “and” at the end of subclause (iii) and by adding the following subclause:

(iv)  the notices of prohibition forwarded to the operator under clause 32 (b), if any.

2. Section 30 of the Regulation is revoked and the following substituted:

Placing Drivers Out of Service

Time period of driving prohibition

30. (1) For the purposes of subsection 190 (6.1) of the Act, the time period set out in Column 2 of Table 1 is prescribed in respect of a contravention of a provision set out opposite the time period in Column 1.

(2) Despite Item 6 of Table 1, no time period is prescribed in respect of a contravention of subsection 24 (5) if the contravention is in respect of a supporting document.

Table 1

Item

Column 1
Provision of the Regulation

Column 2
Time period

1.

Subsection 5 (1) or (2) (Daily driving time)

10 consecutive hours

2.

Subsection 6 (1) (Daily off-duty time)

The consecutive number of hours needed to correct the failure to comply with the off-duty time requirement set out in subsection 6 (1).

3.

Subsection 9 (1), (2) or (3) (Mandatory off-duty time)

8 consecutive hours

4.

Subsection 13 (1) (Off-duty requirements)

24 consecutive hours

5.

Subsection 13 (2), (3) or (4) (Off-duty requirements)

The consecutive number of hours needed to correct the failure to comply with the off-duty time requirement set out in subsection 13 (2), (3) or (4), as applicable.

6.

Paragraph 1 of subsection 24 (1) or subsection 24 (5) (Production of records to inspector)

The consecutive number of hours needed to correct the failure to comply with the production of records of duty status requirement set out in paragraph 1 of subsection 24 (1) or subsection (5), as applicable.

7.

Subsection 28 (1) (Integrity of records of duty status)

72 consecutive hours

 

Notice of driving prohibition

31. An officer who prohibits a driver from driving a commercial motor vehicle on a highway for a period of time under subsection 190 (6.1) of the Act shall give the driver a written notice containing the following information:

1.  The provision contravened.

2.  The date, time and location of the contravention.

3.  The time period for which the driver is prohibited from driving a commercial motor vehicle on the highway.

Driver to notify operators of prohibition

32. A driver who is given a notice under section 31 shall,

(a)  immediately notify all operators for whom the driver works; and

(b)  within 20 days after being given the notice, forward a copy of the notice to a place of business of the operator responsible for the commercial motor vehicle that the driver was operating at the time the notice was given.

Commencement

3. This Regulation comes into force on the latest of the following days:

1.  January 1, 2023.

2.  The day subsection 16 (2) of Schedule 1 to the Moving Ontarians More Safely Act, 2021 comes into force.

3.  The day this Regulation is filed.