Although we have not seen an official notice on the MTO website, the OTA has announced that the MTO is considering delays caused by Idle No More protests blocking the highways to qualify as an Adverse Condition for your Hours of Service compliance (see Reg 555/06 Sec 15).
That means you may:
- extend your on duty and driving time for both the day and shift by up to 2 hours
- reduce your required off duty amount by that same amount
- exceed your cycle rules by the same amount
Make sure that the following conditions are met:
- in Remarks write that you encountered an Idle No More protest – give details of the location and time
- ensure that you don’t exceed the 16 hour elapsed time from the start of your cycle
- ensure that you are in compliance with your cycle the next day
- have a full 8 hour off duty period before starting you shift again
You do not need to make up the extra time on the next day, other than getting back on track with your cycle.
The Federal Motor Carrier Safety Administration has released the details of the final changes to the Hours of Service rules for drivers who are driving in the U.S. The final rule was published in December, 2011.
The changes are coming into effect in 2 phases.
February 27, 2012
This phase will make changes in 3 areas:
- On Duty Time: Time spent resting in a parked CMV is no longer considered on duty time (this applies to passenger carrying vehicles as well). Also, for property carrying vehicles, up to 2 hours spent as a passenger seat of a moving CMV that immediately precedes or follows 8 or more hours in the sleeper berth can now be counted as off duty time.
- Penalties: Any drive time violations that are more than 3 hours beyond the limits can now be considered egregious violations. These violations are subject to the maximum civil penalties.
- Oilfield Exemption: For certain drivers who are waiting at an oilfield, time spent waiting is off duty time but it extends the 14 hours on duty period (this is referred to as waiting time). This time must now be recorded in the log book by either making appropriate notations in the Remarks section or by adding a 5th grid line to represent the waiting time.
July 5, 2013
There are 2 areas affected by this phase:
- Restarts: The 34 hour cycle restart is being changed by adding 2 new conditions. First, a restart must include the time from 1 am to 5 am of your home terminal time for 2 consecutive days. Second, a reset can only be applied once in a 7 day period.
- Breaks: The rule have now added a requirement for breaks. You may not drive if your last off duty period of at least 30 minutes is more than 8 hours ago.
If you have any questions about how these new rules will affect you when you travel into the U.S. contact me.