Bill C-385: An Act to amend the Motor Vehicle Transport Act

R.S., c. 29 (3rd Supp.); 2001, c. 13, s. 1 Motor Vehicle Transport Act 1 Subsection 2(1) of the Motor Vehicle Transport Act is amended by adding the following in alphabetical order: prescribed means prescribed by regulation; ( Version anglaise seulement ) 2 The Act is amended by adding the following after the heading “Extra-Provincial Motor Carrier Safety” before section 7: Safety Fitness Certificate 3 The Act is amended by adding the following after section 10: Hours of Service Daily driving time 11 (1) No person who is engaged in the operation of an extra-provincial motor carrier undertaking shall request, require or allow a driver to drive and no driver shall drive after the driver has accumulated the prescribed number of hours of driving time in a day. Daily on-duty time (2) No person who is engaged in the operation of an extra -provincial motor carrier undertaking shall request, require or allow a driver to drive and no driver shall drive after the driver has accumulated the prescribed number of hours of on-duty time in a day. Definition of day (3) For the purposes of this section, day , in respect of a driver, means a 24-hour period that begins at the hour designated by a person who is engaged in the operation of an extra-provincial motor carrier undertaking, if this designation is made for at least seven consecutive days. Mandatory off-duty time after driving 12 (1) No person who is engaged in the operation of an extra-provincial motor carrier undertaking shall request, require or allow a driver to drive and no driver shall drive after the driver has accumulated the prescribed number of hours of driving time unless the driver takes at least the prescribed number of consecutive hours of off-duty time before driving again. Mandatory off-duty time after on-duty time (2) No person who is engaged in the operation of an extra -provincial motor carrier undertaking shall request, require or allow a driver to drive and no driver shall drive after the driver has accumulated the prescribed number of hours of on-duty time unless the driver takes at least the prescribed number of consecutive hours of off-duty time before driving again. Interval between off-duty times (3) No person who is engaged in the operation of an extra -provincial motor carrier undertaking shall request, require or allow a driver to drive and no driver shall drive after the prescribed number of hours have elapsed between the conclusion of the most recent period of prescribed consecutive hours of off-duty time and the beginning of the next period of prescribed consecutive hours of off-duty time. Exception 13 In the case of drivers transporting livestock , as defined in section 2 of the Health of Animals Regulations , or insects, the following hours of driving time and hours of on-duty time shall not be counted towards the number of hours of driving time and the number of hours of on-duty time referred to in sections 11 and 12: (a) hours spent within a radius of 240 kilometres of the origin of a trip; and (b) hours spent within a radius of 240 kilometres of the final destination of a trip. 4 (1) Subsection 16.1(1) of the Act is amended by adding the following after paragraph (d): (d.1) defining “driver”, “on-duty time” and “off-duty time” for the purposes of this Act; (2) Subsection 16.1(1) of the Act is amended by striking out “and” at the end of paragraph (h), by adding “and” at the end of paragraph (i) and by adding the following after paragraph (i): (j) prescribing anything that is to be prescribed under this Act.