     |
  |
 |
 |
|
|
               |
 |
|
MORE ON HOURS OF SERVICE AND PRE-TRIP INSPECTIONSRecently, some contractors have been told that the drivers of service vehicles and crew crummies are obligated to prepare and maintain pre-trip inspection reports and driver log books. Is this the case? The starting point for this discussion is the definition of "commercial motor vehicle" in the Motor Vehicle Regulations. That definition is quite tricky, and I will break it down between trucks and passenger vehicles. (I am excluding from this discussion for-hire vehicles, where a carrier charges compensation for the transport of goods or passengers.) A "truck" is a vehicle designed primarily for the transportation of property. If a truck has a GVW exceeding 5,000 kg. then it is probably a commercial motor vehicle. Trucks of 5,000 kg. GVW and under are excluded. There is a second requirement, however. The vehicle must be "used in the course of business for the transportation of…freight." Ordinarily transporting freight suggests that a driver is transporting goods belonging to somebody else, but the regulation has been written in an expansive way so as to include goods that belong to the driver or his employer. It is also includes freight used in the course of regular trade or occupation or established business of the owner. So, is a service vehicle a commercial motor vehicle? My own personal interpretation is that if the service vehicle is delivering spare parts, or delivery fuel, then it is. But, if that service vehicle has a permanently mounted welding unit, or if it contains only tools, then in my view it is not a commercial motor vehicle. (I suspect that the enforcement personnel do not share my opinion. I can say, however, that in a case involving a truck with a permanently mounted crane, the court found that this was not a commercial motor vehicle because it did not transport freight. As to welding units and tools, it may take a court decision to prove me wrong or right.) What about passenger vehicles? If they are designed to carry more than 10 persons then they are considered to be buses and are, by definition, commercial motor vehicles. So, a passenger van seating 10 or less (including the driver) would not fall within the definition. Due to an oddity in the way the Regulation is written, if passengers are being transported in a "truck" having a GVW exceeding 5,000 kg., then the vehicle is a commercial motor vehicle. In my view, a crew cab would be considered a truck, whereas an SUV or passenger van would not. If you have a crew cab exceeding 5,000 kg. G.V.W., you may want to trade it in on something lighter. Now that we have established what a "commercial motor vehicle" is, the rest of the questions are easily answered. Must a pre-trip inspection be done? The answer is "yes" where a commercial vehicle is being driven. (Quite apart from the Motor Vehicle Regulations, under the Workers Compensation Regulations there is a need to inspect a vehicle at the start of each shift, and to make it safe. The G.V.W. is irrelevant. This includes welding trucks.) Must there be a written trip inspection report? In terms of trucks, not if the truck has two axles and a GVW of 14,600 kg. or less. Bus drivers must prepare written trip inspection reports. Is a driver bound by the hours of service requirements? As a general rule the answer is "yes", if that person is driving a commercial motor vehicle. There is, however, a special exception for a mounted mobile service rig. (In terms of the hours of service requirements, see my article in the last Interior Trucker and Logger.) Is there an obligation to keep a log book? The first answer to this is simple: if a driver is obligated to comply with the hours of service requirements, then that driver must also complete a log book. If he does not have to comply with those hours of service requirements, he need not keep a log book. There is a further exception for drivers who operate within a 160 km. of the home terminal, return to home each day to begin a minimum of eight consecutive hours of off-duty time, and whose carrier maintains accurate daily records of the driver's duty status for each day. I encourage drivers to familiarize themselves with the regulations, and to know their rights and responsibilities. And, remember that my article is meant to summarize the law. If in doubt, make a review of the Regulation itself and perhaps consult a lawyer. John Drayton is a Kamloops lawyer practicing in the areas of motor transport and forestry law. Back to Articles Index
|
