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New Hours of Work Legislation

12/06/08

Permalink 11:38:55 am, by Henk Van Pelt Email , 333 words
Categories: Provinces, Ontario, Commercial Vehicle Operator's Registration, Regulations

New Hours of Work Legislation

Written By
Henk Van Pelt
Becca Enterprises
Licensed Paralegal

The new hours of work legislation enacted in January of 2007 makes it more important, now than ever, to ensure that operators provide proper training for their drivers by qualified individuals.

The new legislation brought in by this Provincial Government on the first of this year has some significant changes in that must be addressed. No longer do we have the 15 hour on duty rule or the 3 cycles that prior to this could be changed at the will of the driver. . Now we have a 14 hour on duty allowable, as well as, a 16 hour shift. The cycles being changed from 60 hours in 7 days to 70 hours in 7 days and the elimination of the 8 day cycle. The driver is now required to designate the cycle he chooses to comply with and note it on his daily log. The 8 hours off duty has been changed to 10 hours in a day. The log book exemption requirements have been amended as has the sleeper berth rules.

Follow up:

Without proper staff training regarding the changes in the legislation, I can see the MTO enforcement staff having a field day when the implementation faze has been eliminated and the staff start laying charges. It is assumed that the new hours of work charges will carry the same penalties both monetarily and in CVOR points. I find it alarming when I see how many operators are totally unaware of the changes in legislation and the pending requirements of the operators to maintain records as well as supporting documents in a chronological manner as set out in section 25 of the new regulation (555/06). No longer can an operator ignore a driver’s noncompliance with the rules as they must monitor and document any failure to comply with the regulation and the remedial action taken by the operator in response to it.

Henk Van Pelt is a retired MTO officer and Facility Auditor, operating Becca Enterprises, a company specializing in Safety and Compliance consulting, as well as court agent work. Tel: 905-404-8341 or 905-435-7003.

Written By
Henk Van Pelt
Becca Enterprises
Licensed Paralegal

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