Hours of Service Out of Service Declarations
Regulation Number(s):
O. Reg 555/06
Instrument Type:
Regulation - LGIC
Bill or Act:
Highway Traffic Act
Summary of Proposal:
MTO is proposing to proclaim into force provisions from the Moving Ontarians More Safely Act, 2021 and make supporting regulatory amendments to O. Reg. 555/06 (Hours of Service).
MTO is proposing to introduce out of service declarations for some hours of service violations. Out of service declarations will help to mitigate driver fatigue, which has been identified as a contributing and preventable cause of collisions.
Use of these declarations against non-compliant commercial motor vehicle drivers will contribute to improved road safety for all road users and fairness and a level playing field among trucking and bus industry competitors.
An out of service declaration prohibits a driver from operating a commercial motor vehicle for a designated period. The driver will have a legal obligation to comply with the declaration issued by a police officer or MTO Enforcement Officer. If a driver is issued an out of service declaration, they will be required to immediately notify any operator for whom they are driving commercial motor vehicles for. The driver will also be required to forward the written notice of the prohibition to the place of business of the operator within 20 days of it being issued. An operator will have a legal obligation to ensure that a driver, operating under their authority, complies with the out of service declaration. The operator will also be required to keep a record of driving prohibition for each driver.
The proposed changes are consistent with the out of service declarations and out of service time periods in the federal Commercial Vehicle Drivers Hours of Service Regulations applicable to inter-jurisdictional drivers and with the national inspection criteria, policy, and procedures (Commercial Vehicle Safety Alliance).
Please see attachment for the proposed out of service declarations and designated time periods for which a driver will be prohibited from driving a commercial motor vehicle.
MTO is proposing to introduce out of service declarations for some hours of service violations. Out of service declarations will help to mitigate driver fatigue, which has been identified as a contributing and preventable cause of collisions.
Use of these declarations against non-compliant commercial motor vehicle drivers will contribute to improved road safety for all road users and fairness and a level playing field among trucking and bus industry competitors.
An out of service declaration prohibits a driver from operating a commercial motor vehicle for a designated period. The driver will have a legal obligation to comply with the declaration issued by a police officer or MTO Enforcement Officer. If a driver is issued an out of service declaration, they will be required to immediately notify any operator for whom they are driving commercial motor vehicles for. The driver will also be required to forward the written notice of the prohibition to the place of business of the operator within 20 days of it being issued. An operator will have a legal obligation to ensure that a driver, operating under their authority, complies with the out of service declaration. The operator will also be required to keep a record of driving prohibition for each driver.
The proposed changes are consistent with the out of service declarations and out of service time periods in the federal Commercial Vehicle Drivers Hours of Service Regulations applicable to inter-jurisdictional drivers and with the national inspection criteria, policy, and procedures (Commercial Vehicle Safety Alliance).
Please see attachment for the proposed out of service declarations and designated time periods for which a driver will be prohibited from driving a commercial motor vehicle.
Analysis of Regulatory Impact:
There are no compliance costs or savings because of this initiative since commercial vehicle drivers and carriers are already required to comply with the existing hours of service requirements. They are also currently subject to an out of service protocol by MTO Enforcement Officers and Police via national inspection criteria, policy and procedures.
Proclamation of the 2021 legislative provisions and the proposed supporting regulatory amendments create a legislative deterrent against non-compliance with existing hours of service rules.
Out of service declarations will help to mitigate driver fatigue, which is a leading collision causation factor for commercial drivers. Use of these declarations against non-compliant drivers will contribute to fairness and a level playing field among trucking and bus industry competitors.
Proclamation of the 2021 legislative provisions and the proposed supporting regulatory amendments create a legislative deterrent against non-compliance with existing hours of service rules.
Out of service declarations will help to mitigate driver fatigue, which is a leading collision causation factor for commercial drivers. Use of these declarations against non-compliant drivers will contribute to fairness and a level playing field among trucking and bus industry competitors.
Further Information:
Attachment
O. Reg 555/06Proposal Number:
22-MTO054
Posting Date:
August 19, 2022
Comments Due Date:
October 3, 2022
Contact Address:
Carrier Program Development Office
Commercial Safety and Compliance Branch
3rd Floor, 301 St. Paul Street, St. Catharines, ON, L2R 7R4
Commercial Safety and Compliance Branch
3rd Floor, 301 St. Paul Street, St. Catharines, ON, L2R 7R4
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