Driver

Driving and Off-Duty Time

Heavy vehicle drivers must comply with the requirements concerning driving and off-duty time and keep track of their hours in a record of duty status that is produced using an electronic logging device (ELD).

What you should know

The rules governing driving time, on-duty time and off-duty time require drivers of heavy vehiclesVehicle with a gross vehicle weight rating (GVWR) of 4,500 kg or more, as indicated on the compliance label. to have a minimum number of hours of rest before getting back on the road and to abide by the maximum number of hours of driving time.

Drivers who are tired pose a higher risk for their own safety and that of other road users.

Abiding by the hours of drivingThe period of time during which a driver operates a heavy vehicle while the engine is running. and off-duty timeAny period of time other than a driver's hours of service. reduces the risk of driver fatigue.

Vehicles Covered

Drivers must comply with the rules governing driving time and off-duty time if they drive one of the following vehicles:

  • road vehicles with a gross vehicle weight ratingA vehicle's weight, including its maximum load capacity, according to the manufacturer's specifications. (GVWR) of 4,500 kg or more:
    • trucks
    • road tractors
    • equipment transport vehicles (e.g. a crane mounted on a truck chassis)
  • combinations of road vehicles consisting of at least one vehicle with a gross vehicle weight rating of 4,500 kg or more
  • tow trucks
  • vehicles transporting dangerous substances requiring the display of safety marks

Buses and minibuses

Drivers of buses or minibuses (other than those used for urban transit) must abide by the rules governing driving time and off-duty time, as these vehicles are considered heavy vehicles.

Vehicles exempted from the Regulation respecting the hours of driving and rest of heavy vehicle drivers

Drivers and operators of the following heavy vehicles are exempted from the regulatory requirements governing hours of driving and off-duty time.

Heavy vehicles used for personal purposes

A heavy vehicle used for an entire day by an individual for personal purposes (other than commercial or professional ones), such as:

  • a vehicle weighing 4,500 kg or more (pickup truck, recreational vehicle) that is used solely for personal purposes
  • a vehicle weighing 4,500 or more used for personal purposes for an entire day (exempted on that day only)

A heavy vehicle used during part of the day by an individual for personal purposes (other than commercial or professional ones) is exempted for the first 75 kilometres travelled in a day, where the following conditions have been met:

  • the vehicle has been unloaded and any trailers have been unhitched
  • the driver has entered in the record of duty status the odometer readings that correspond to when the driver started and stopped using the vehicle for personal purposes
  • the driver is not the subject of an out-of-service order

For instance, in the case of a driver who leaves the home terminal (establishment) at the wheel of a heavy vehicle to return home, only the time it takes to drive the first 75 kilometres will be counted as off-duty time.

If the distance exceeds 75 kilometres, the time to cover this additional distance will be deemed driving hours.

Emergency vehicles

Examples of emergency vehicles:

  • ambulance
  • fire department road vehicle
  • emergency response vehicle

A heavy vehicle used when required by an emergency service or in the event of a disaster

Tool vehicle

A road vehicle, other than a vehicle mounted on a truck chassis, manufactured to perform work, the work station of which is an integral part of the driver’s cab, such as:

  • a grader
  • a road roller
  • a fork lift
  • a back loader

Farm tractor and farm machinery

The farm tractorA tractor that is equipped with tires and is generally used for agricultural purposes, whether or not it is authorized for use on public roads. The tractor must belong to an individual or company that owns or leases a farm and whose principal occupation is farming, or that is a member of an association certified under the Farm Producers Act. and farm machinery may be owned by:

  • farmerA person holding a registration card for an agricultural operation issued by the Ministère de l'Agriculture, des Pêcheries et de l'Alimentation du Québec, or a person who is a member of an association certified under the Farm Producers Act.
  • a person other than a farmer who uses these vehicles solely for personal purposes

Farm trailer

The farm trailerA trailer with a net weight of 2,300 kg or less owned by a farmer and used primarily to carry farm produce or the equipment required to produce it. must be owned by a farmerA person holding a registration card for an agricultural operation issued by the Ministère de l'Agriculture, des Pêcheries et de l'Alimentation du Québec, or a person who is a member of an association certified under the Farm Producers Act..

Bus or minibus used for urban transit

For the vehicle to be exempted, urban transit must be provided by a public transit corporation or under a contract with a public transit body, an inter-municipal commission or board, a municipality or group of municipalities.

Combination of road vehicles where each vehicle has a GVWR of less than 4,500 kg

The combination of vehicles is exempted, except for a vehicle combination transporting dangerous substances requiring the display of safety marks.

Vehicle with a GVWR of less than 4,500 kg transportinf dansgewrous substances

To be exempted, the vehicle must not require the display of safety marks, and cannot be a minibus or a tow truck.

Straight-body truck with 2 or 3 axles

The truck must be used to transport the primary products of a farm, forest or fishery, if the operator of the truck is the producer of the products. For example, this person could be a potato grower who makes deliveries.

This exemption also applies to a vehicle that is used to return to a producer’s place of business, in which case the vehicle must be unladen or must only be carrying goods that go into operating the farm, forest or fishery.

Important: Any time spent at the wheel of a heavy vehicle to which the Regulation applies must be counted as on-duty time when the vehicle is being driven for an operator.

Rules to obey

When planning a schedule, a driver must comply with several requirements.

14 previous days

A driver must have taken at least 24 consecutive hours of off-duty time during the preceding 14 days.

Cycles

A driver may choose to calculate his or her hours of driving and off-duty time based on a cycle of:

  • 7 consecutive days (called Cycle 1)
  • 14 consecutive days (called Cycle 2)

Driving prohibition based on cycle

Cycle 1 (7 days) Cycle 2 (14 days)
No driving is allowed after the driver has accumulated 70 hours of on-duty time over a period of 7 consecutive days.

No driving is allowed after the driver has accumulated:

  • 120 hours of on-duty time over a period of 14 consecutive days
    OR
  • 70 hours of on-duty time without having taken at least 24 consecutive hours of off-duty time

Changing a cycle or reset to zero

To reset a current cycle, to begin a new one or to switch cycles, the driver must take:

  • at least 36 consecutive hours of off-duty time if he or she is following Cycle 1
  • at least 72 consecutive hours of off-duty time if he or she is following Cycle 2

After having taken this off-duty time, the driver begins a new cycle. The cycle is therefore reset to zero and the hours of on-duty time begin to accumulate again.

Work shift

A work shift is the time between 2 periods of at least 8 consecutive hours of off-duty time.

No driving is allowed if…

  • 13 hours of driving time have accumulated since the end of the most recent period of 8 consecutive hours of off-duty time
  • 14 hours of on-duty time have accumulated since the end of the most recent period of 8 consecutive hours of off-duty time
  • 16 hours have elapsed since the end of the most recent period of 8 consecutive hours of off-duty time

Day

A day is a period of 24 hours that begins at the time designated by the operator.

Daily requirements No driving is allowed after the driver has accumulated…

To be allowed to drive, a driver must have taken at least 10 hours of off-duty time during each of the 14 previous days, as follows:

  • At least 2 of the 10 hours must not have been part of the required 8 consecutive hours of off-duty time.
  • These 2 hours may have been split up into breaks of not less than 30 minutes.
  • 13 hours of driving time
  • 14 hours of on-duty time

Special situations

Consult the publication entitled Driving and Off-Duty Time for Heavy Vehicle Drivers (PDF, 2.1 Mo) to learn about the rules to follow in the event of:

  • a deferral of daily hours of off-duty time
  • the splitting of daily hours of off-duty time in a sleeper berth
  • an emergency situation
  • poor driving conditions
  • travel on a ferry
  • troubleshooting
  • winter road maintenance

Vehicles required to be equipped with an electronic logging device (ELD)

All heavy vehicles subject to the Regulation respecting the hours of driving and rest of heavy vehicle drivers must be equipped with an ELD for the purposes of producing a record of duty status, with the following exceptions:

  • vehicles that are leased under a rental agreement of not longer than 30 days, provided the agreement has been neither extended nor renewed
  • vehicles manufactured before the 2000 model year
  • vehicles that are being driven in order to be delivered:
    • to the owner’s home terminal following a transfer of ownership
    • to the lessee
    • to the lessor during or upon the expiry of the rental agreement
    • to a branch of a vehicle rental company for an inventory adjustment
  • vehicles that are being driven in order to be delivered in one of the above cases and that are not loaded or hitched
  • vehicles that are being driven in order to be delivered in one of the above cases and that are transporting one or more vehicles that are also being delivered using the saddle-mount method
  • vehicles that are being driven within the first 5 days of their delivery following a transfer of ownership and that are not hitched or loaded
  • new vehicles that are being driven in order to be delivered to a company to complete their manufacturing or make them comply with the use for which they are essentially intended, or that are being returned to the owner following such an operation
  • vehicles that are being driven within a 160 km radius of the driver’s home terminal, provided the driver also returns to the home terminal each day
  • situations where a driver operating a vehicle within a 160 km radius of the home terminal is unable to return to the home terminal the same day due to adverse driving conditions

Records of duty status

Drivers must produce a record of duty status in which their hours of driving, on-duty time other than driving and off-duty time are recorded. The record of duty status must be prepared using an ELD unless the vehicle is not required to be equipped with an ELD.

Drivers must produce a record of duty status regardless of whether or not the vehicle is required to be equipped with an ELD. In cases where the record of duty status does not have to be produced using an ELD, it can be produced on paper or using a device other than an ELD.

The duty status grid starts at the same time that the driver’s day starts.

Note, however, that drivers do not have to produce a record of duty status if all of the following conditions apply:

  • They drive within a 160 km radius of their home terminal  
  • They return to their home terminal at the end of each day to begin a minimum of 8 consecutive hours of rest
  • The vehicle they are driving is not covered by a permit to depart from the regulatory requirements governing hours of driving and off-duty time
  • The operator they work for keeps detailed or short registers

More than one record of duty status

The Highway Safety Code prohibits drivers from keeping more than one record of duty status for the same day, except where authorized by regulation.

Drivers may keep more than one record of duty status for the same day in the following situations:

  • A driver drives a vehicle that is required to be equipped with an ELD after driving a vehicle that is not, or vice versa
  • At a given point during the day, the vehicle a driver is driving ceases to be subject to the requirement to be equipped with an ELD because it has been sold (this is the case, for example, when a driver delivers a vehicle to the new owner after it has been sold).
  • A driver notices while driving that the ELD of the vehicle is displaying one of the malfunction codes listed in Table 4 of Schedule 2 to the Technical Standard.
  • A driver starts working for another operator and the record of duty status in connection with the vehicle driven for one or the other of the operators is produced by electronic means.

Keeping records of duty status

Drivers who are required to produce a record of duty status must keep the following documents in the vehicle in their original format:

  • a copy of the records of duty status for the 14 previous days
  • the record of duty status for the current day, completed up to the time of the most recent change of duty status
  • supporting documents related to the trip (e.g. fuel receipts, bills of lading, delivery receipts)

Submitting documents

Drivers have 20 days to submit the following documents to the operator:

  • the original copy of the completed record of duty status
  • supporting documents

Submitting documents to peace officers (drivers)

Peace officers may request that a driver make available or forward to them the driver’s records of duty status for the current day and for the 14 previous days, as well as the supporting documents for the current trip.

To make available an electronic document that was not produced by an ELD, the driver can either produce a display onscreen or provide a printout of the document. Such documents can be forwarded by email.

If the document was produced using an ELD, the driver must forward the document in the format and using the technological means determined by the peace officer from among the prescribed options supported by the ELD. In Québec, documents generated by ELDs are to be forwarded by email.

When drivers are unable to forward records of duty status electronically, they must enter the information they contain on records of duty status in paper form.

Last update: May  2, 2023