Commercial Vehicle Hours-of-Service Amendments

Summary#

This final regulation (SOR/2020-240) updates the Commercial Vehicle Drivers Hours of Service Regulations to fix wording, remove duplication with an electronic logging device technical standard, and line up federal rules with a national safety standard. It clarifies when travel time can count as off‑duty (if a driver takes 8 consecutive hours off before driving) and cleans up French/English wording and testing/accreditation language. The regulations were registered on November 3, 2020 and published in the Canada Gazette on November 25, 2020.

What it does#

• Removes redundant text that tried to restate parts of the Electronic Logging Device technical standard.
• Changes the rule about driver repositioning so time spent travelling as a passenger can count as off‑duty when the driver then takes 8 consecutive hours off before driving, no matter the mode of transport (ferry, rail, car, air, etc.).
• Replaces wording about “certification” with wording about “testing” for bodies that assess electronic logging devices, to clarify that accreditation focuses on testing methods.
• Fixes an incorrect cross‑reference to a now‑repealed section.
• Corrects differences and unclear phrasing between the English and French versions of several penalty and record‑keeping provisions.
• Notes that one specific penalty provision (paragraph 91(1)(f) as discussed in related ELD rules) is set to come into force later, on June 12, 2021.

Who's affected#

• Commercial vehicle drivers who must follow hours‑of‑service rules.
• Motor carriers that schedule and manage drivers.
• Providers of electronic logging devices (ELDs) and the bodies that test those devices.
• Provincial and territorial safety and enforcement officials who interpret and enforce hours‑of‑service rules.
• The changes are mostly clarifications; the source says they do not create new costs. If it is unclear how a specific rule applies in an individual case, drivers or carriers should check with their regulator.

Why it matters#

• It removes confusion about whether travel to a driving start point counts as off‑duty time. Practically, drivers who travel as passengers to a start point can treat that time as off‑duty if they take the required 8 consecutive hours before driving, even when they travel by non‑commercial modes.
• It makes federal rules match the National Safety Code’s approach, which should improve consistency across provinces and reduce mixed enforcement.
• Clarifying that accreditation focuses on testing methods helps ELD vendors and testers understand what technical checks are expected.
• The edits are described as housekeeping: they aim to reduce ambiguity and duplication rather than to create new obligations or costs.