February 2007 Commercial Vehicle Drivers Hours of Service Module 23: Enforcement Action

February 2007

Commercial Vehicle Drivers Hours of Service

Module 23: Enforcement Action


Module 23 - 2

Inspectors can use a five-step guide to check for compliance with Regulations

How does an officer check for compliance?

What happens if a driver is not in compliance?

© Microsoft®


Module 23 - 3

What will I learn in this module?

Compliance checks

Enforcement action

© Microsoft®


Module 23 - 4

How can an officer check for compliance with the Regulations?

Five-step guide to check for compliance: Ensure log is current to last change of duty

status Ensure logbook is true and accurate Check the day Check the work shift Check the cycle

© Microsoft®


Module 23 - 5

Step 1 - Ensure the Log Is Current to Last Change of Duty Status

Note time when driver was stopped Note time and date of last entry in logbook (copy

log and then allow driver to update logbook from last change of duty status to time when driver stopped)

If driver claims to be a 160-kilometre radius exemption driver, check criteria (Module 18)

Be aware that times recorded in logbook reflect local time at driver’s home terminal


Module 23 - 6

Step 1 - Ensure the Log Is Current to Last Change of Duty Status

Check logbook form and manner (check for required entries)

Ensure full 24 hours recorded for each day Check that driver possesses daily log for current

day plus copies of daily logs for previous 14 days (refer to Module 17)

Check that driver has supporting documentation for current trip

© Microsoft®


Module 23 - 7

Step 2 - Ensure Logbook Is True and Accurate Review bills of lading, fuel receipts, trip

permits, toll receipts, custom documents, violation notices, inspection reports, payroll records, meal receipts, and then compare dates, times, and locations with those in logbook

Check distance traveled against driving time

© Microsoft®


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Step 2 - Ensure Logbook Is True and Accurate Question driver about discrepancies

between logbook and supporting documents If discrepancy can’t be resolved, determine if

the driver produced a false logbook or an inaccurate logbook

If inspector determines logbook is false, driver can be placed out-of-service (refer to Enforcement Action later in this module)


Module 23 - 9

Step 2 - Ensure Logbook Is True and Accurate If driver continues to produce false

logbook on subsequent demands, driver not permitted to drive (out-of-service)

Once driver produces true and accurate logbook, continue with steps 3 - 5


Module 23 - 10

Step 3 – Check the Day

No driving after 13 hours driving No driving after 14 hours on-duty At least 10 hours off-duty before driver can

drive again8 consecutive off-duty hours (i.e., core rest

period)2 additional off-duty hours (blocks ≥ 30

minutes) that are not part of 8 consecutive hours

© Microsoft®


Module 23 - 11

Step 3 – Check the Day

If driver used deferral of off-duty time option: Total driving time in 2 days ≤ 26 hours Total off-duty time in 2 days ≥ 20 hours At least 8 consecutive hours off-duty in

Day 1 10 consecutive hours plus 2 additional hours

off-duty in Day 2


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Step 4 – Check the Work Shift

No Sleeper Berth (Module 6) No driving after 13 hours driving in a work

shift No driving after 14 hours on-duty in a work

shift No driving after 16 hours

elapsed time© Microsoft®


Module 23 - 13


Single Driver Using Sleeper Berth (Module 8) No driving after 13 hours driving on either side of

each eligible sleeper berth period No driving after 14 hours on-duty on either side of

each eligible sleeper berth period No driving after 16 hours elapsed time on either

side of each eligible sleeper berth period (excluding time in eligible sleeper berth period)

(Eligible sleeper berth period ≥ 2 hours and total for 2 eligible sleeper berth periods ≥ 10 hours)


Module 23 - 14


Team Drivers Using Sleeper Berth (Module 8) No driving after 13 hours driving on either side of each

eligible sleeper berth period No driving after 14 hours on-duty on either side of

each eligible sleeper berth period No driving after 16 hours elapsed time on either side

of each eligible sleeper berth period (excluding time in eligible sleeper berth period)

(Eligible sleeper berth period ≥ 4 hours and total for 2 eligible sleeper berth periods ≥ 8 hours. Require 2 additional hours of off-duty time)


Module 23 - 15

Core Rest Options

Type Option Description

Single Driver – No Sleeper Berth

1 8 consecutive and uninterrupted hours off-duty

Single Driver – Sleeper Berth

1 10 consecutive and uninterrupted hours off-duty in the sleeper berth

2 Two separate eligible sleeper berth periods that total 10 hours, with each period in the sleeper berth a minimum of 2 hours duration

Team Drivers – Sleeper Berth

1 8 consecutive and uninterrupted hours off-duty in the sleeper berth

2 Two separate eligible sleeper berth periods that total 8 hours, with each period in the sleeper berth a minimum of 4 hours duration


Module 23 - 16

Step 5 – Check the Cycle

Cycle 1 - limit of 70 hours on-duty time over a period of 7 consecutive days

Cycle 2 - limit of 120 hours of on-duty time over a period of 14 consecutive days (with at least 24 consecutive hours off-duty time before reaching 70 hours of on-duty time)

Day Off Regardless of Cycle – 24 consecutive hours off-duty in preceding 14 days


Module 23 - 17

Number of days in Cycle

Calendar date

Total on-duty hours

Total hours accumulated

7

6

5

4

3

2

1

Total Hours___________

Hours Over __________

Date eligible to drive _________

for _____________hours


Module 23 - 18

What enforcement action is available to inspector? Issue a verbal warning to driver explaining

violation(s) Issue a written warning (Commercial

Vehicle Inspection Report) to driver outlining violation(s)Report can also serve as out-of-service

declaration (Module 20)


Module 23 - 19

What enforcement action is available to officer? Issue an appearance notice to driver and

then complete a long-form information formally charging the driver with the violation(s)


Module 23 - 20


Module 23 - 21

Documents

February 2007 Commercial Vehicle Drivers Hours of Service Module 23: Enforcement Action