New Hours Of Service For Drivers

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NEW HOURS OF SERVICE FOR DRIVERS

After some lengthy scientific research about driver fatigue, new rules are being laid out for driver's hours of service. These new rules reflect one of the fundamental findings of the scientists, namely that rest time is a more important consideration than work time when addressing issues of driver fatigue.

In Canada, because of our constitutional makeup, each province establishes its own hours of service and other motor vehicle rules and regulations, applicable to drivers in the province. But, as well, the federal government establishes its own rules, applicable only if one is traveling over provincial boundaries or in the northern territories. That said, the federal government tends to take the lead on these sorts of initiatives, and the provinces tend to follow suit, often with their own unique exceptions and qualifications.

The federal government has now passed its new hours of service regulation, and that is to come in to effect on January 1, 2007. These new rules are readily accessible on the Internet.

So, what are the changes? First of all, the old rules allowed 15 hours of on duty time (not more than 13 hours spent driving) in a day; the new rules provide for 14 hours on duty (not more than 13 hours spent driving). Under the old rules, a driver needed at least 8 consecutive hours off duty in a day; under the new rules, there must be 10 hours off duty in a day, and at least 8 of those hours must be consecutive.

The new regulations bring with them a new concept-the mandatory supplementary off-duty period. For a 7 day cycle this requires 36 consecutive hours before a new cycle begins. For a 14 day duty cycle, the supplementary off duty time is 72 consecutive hours. Once these supplementary off duty times have been used, the clock becomes "reset" and the next duty cycle (chosen by the driver) begins.

Under the old rules a driver could work under a 7 day duty cycle (maximum 60 hours), an 8 day cycle (70 hours), or a 14 day duty cycle (120 hours, with a 24 consecutive hour break in the middle), and could switch between cycles at any time as was convenient. Now, the options are 7 day (maximum 70 hours) or 14 day cycles (maximum 120 hours), and switching between cycles can only occur after completing the appropriate supplementary off-duty period.

So, what will be the effect of these new federal regulations on log haulers in British Columbia? Technically, they are of no effect, if these log haulers confine themselves to the province of British Columbia. But, every province including British Columbia has committed to bringing their hours of service regulations in line with the federal laws.

Many provinces treat certain favoured sectors of the economy with special rules and regulations. In British Columbia the logging sector has enjoyed special rules, different from ordinary highway haulers and even lowbedders. The present rules in British Columbia allow 15 hours per day for log hauling, after 8 consecutive hours off duty. The 7, 8, and 14 cycles (and their maximum hours on duty) don't apply. The traditional rationale for this special status relates to the shorter annual hauling period, i.e. nine months a year rather than 12.

Currently, log haulers wishing to take advantage of these special exceptions must operate within a 400 km. radius of their home base. It is possible to change home bases on a temporary basis by filing the necessary paperwork with Victoria.

B.C. has promised that its law will also become effective January 1, 2007. So, when the British Columbia government adopts the federal regulations for B.C. drivers, will it have those regulations also apply to log haulers, or will log haulers again achieve a special status?

The provincial government has invited submissions from stakeholders on the issue. The government has yet to announce its inclination, but this can be said with some certainty. If the B.C. government allows special rules for log haulers, those rules will be considerably more restrictive than the current rules. With the benefit of scientific studies on fatigue, as well as the various initiatives towards safety in the forest industry, one can reasonably expect rules that are identical to or close to the rules that the highway haulers will have to comply with.

The Interior Logging Association supports the view that the general rules ought to apply, i.e. with no special qualifications for log haulers. The CILA believes that, because of their more restrictive logging season, the maximum hours on duty ought to be 15 hours per day (13 hours driving) and 6 days in a week, with a weekly maximum of 80 hours on duty. Persons having a strong view on the matter ought to communicate that view now, before the law becomes entrenched.

Many log haulers are aware that they do not need to keep log books if they stay within a 160 km. radius of their home base, and return home every night. Many of them mistakenly believe that they are exempt from the hours of service requirements. They aren't. That is the case now, and that will be the case in the future as well.

I must conclude this article with this qualification. The rules and regulations are quite complex and difficult to interpret, and this article is meant only to give a general overview as to the existing and the new laws. If you are in doubt, then resolve that doubt by consulting the Motor Vehicle Regulation itself and, if necessary, by obtaining legal advice. As B.C. develops its new policies, and turns those into law, I will try to keep readers informed and will have that new law posted on my website-www.gibraltarlawgroup.com.

John Drayton is a Kamloops lawyer practicing in the areas of motor transport and forestry law.

Thanks goes to Alan Robinson, the General Manager of the Western Professional Trucker's Association, who has assisted me in the preparation of this article. Mr. Robinson has acted as representative of the WPTA and also the ILA at government meetings in which the new regulations have been analyzed and discussed.

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