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COMMERCIAL VEHICLES HOURS OF
SERVICE — INTERIM REPORT
Introduction
In the Spring of 2001, the Minister of Transport requested the House of Commons Standing Committee on Transport and Government Operations to examine the rules governing commercial vehicles hours of service. In conjunction with this, the Committee has expanded its mandate to include an examination of safety concerns, transborder, and border crossing issues and their impact on the Canadian trucking industry. This report on hours of service comprises the first phase of our study and is a preliminary examination of the issues that must be analyzed in arriving at a suitable hours of service regime.
In Canada, responsibility for commercial vehicle safety is shared among the federal, provincial and territorial governments. As a result, a review of the rules for commercial drivers hours of service has been conducted by the Canadian Council of Motor Transport Administrators (CCMTA), a joint federal, provincial and territorial organization that coordinates motor vehicle transportation and highway safety.
The CCMTA has drafted a proposal to modernize and simplify the current rules. In addition, the Canadian Trucking Alliance (CTA) and Teamsters Canada have proposed changes to the current regulatory regime. The Committee’s study builds upon this body of work in an effort to improve safety on Canada’s roads.
In undertaking this study, the fundamental issue in the Committee’s examination of hours of service is safety. We appreciate the fact that there are ancillary concerns surrounding this issue and that they must be taken into consideration when developing a new hours of service regime. However, in the pursuit of greater safety on our highways we have focused our efforts on the hours of service question and its role in improving road safety.
The Present Regulatory Framework
The regulations governing the hours of service are contained in the Motor Vehicle Transport Act, 1987. These regulations, that were last updated in 1994, allow for:
| | • | Maximum on-duty per day — 16 hours; |
| | • | Maximum driving per day — 13 hours; |
| | • | Minimum off-duty per day — 8 hours; and |
| | • | Three driving cycles — 60 hours/7 days, 70 hours/ 8 days and 120 hours/14 days. |
The CCMTA Proposal
The debate surrounding the commercial vehicles hours of service regime has been taking place since the early 1990’s. Criticisms from stakeholders have centred on the regime being too complex, difficult to enforce, and founded on little or no scientific research. While discussions over this issue were deferred for a number of years to allow for research into fatigue management, in 1997 the CCMTA re-examined the hours of service issue. A working group was formed comprised of regulators from all of the jurisdictions, bus and truck industry representatives, scientists, researchers, labour unions, and other interested parties.
In November 1999 the CCMTA working group in conjunction with Transport Canada, issued proposed revisions to the hours of service rules.
The draft proposal calls for:
| | • | Maximum driving shift per day, 14 hours; |
| | • | The daily maximum on-duty time be reduced from 16 hours to 14 hours with no distinction between on-duty time and driving time; |
| | • | Two cycle times — 70 hours in 7 days and 120 hours in 14 days; |
| | • | Cycle switching only permitted after minimum off-duty time of 36 hours in the 70 hour/7day cycle or 72 hours in the 120 hour/14 day cycle; and |
| | • | A minimum 24 hour off-duty period must be taken at least once every 14 days. |
These proposals have been the subject of discussions among the various jurisdictions and stakeholders during the past few months.
Canadian Trucking Alliance (CTA)/Teamsters Canada Proposal
In October of 2001 the Canadian Trucking Alliance (CTA) and Teamsters Canada announced that they had agreed to a common position on the revisions to the hours of service rules. Their proposal is:
| | • | a driver should accumulate no more than 14 hours on-duty before taking at least 8 consecutive hours off-duty; |
| | • | within the 14 hour on-duty period, no more than 13 should be spent driving; and |
| | • | the other elements of the CCMTA proposal be adopted. |
Basically, this proposal reduces the 14 hours proposed by the CCMTA to 13 hours of driving.
The cycle times/caps have been the most contentious and complicated part of the current hours of service rules. For example, under the present regime drivers are allowed to switch between cycles at any time and as often as it is practicable or advantageous to the driver. In addition, under this three cycle regime, the cycle caps as set out can been expanded under the current rules. For example, while the 60 hours/7 day rule suggest that the maximum time is reached over a 7-day period, in fact, the driver can reach the 60th hour in only 3½ days by following a continuous cycle of on-duty and off-duty. This could result in a driver being able to work 104 hours in 7 days.
Both the CCMTA and the CTA/Teamsters proposals attempt to deal with this issue by reducing the number of cycle times and tightening the rules regarding cycle switching.
Reaction to the Proposed Changes to the Hours of Service Regime
As noted above, the debate over the hours of service has been longstanding and with the new proposals the debate has continued.
Proponents told the Committee that that they favoured the new hours of service regime because it would;
| | • | increase daily off-duty time; |
| | • | reduce current weekly hours of driving; |
| | • | allow for a reasonable rest period with the 36 hour rest provision; |
| | • | simplify the cycle times; and |
| | • | reduce the ability to cycle switch which now allows drivers to legally drive 104 hours in a week. |
Opponents cited a number for reasons for their opposition including:
| | • | daily on-duty times are too long; |
| | • | weekly driving hours (the potential for working 84 hours in seven days) are too long; |
| | • | the 36 hour reset is to short and should be 48 hours; |
| | • | there is a lack of scientific data to definitively establish the appropriate number of driving hours per day; and |
| | • | there are inadequate mechanisms to enforce compliance with the new regulations. |
ISSUES ASSOCIATED WITH THE HOURS OF SERVICE RULES
In addition to the core issue of hours of service, witnesses told the Committee that there are a number of concerns that cannot be ignored when implementing a new regime. These include: the economics of the trucking industry, enforcement, variations in trucking operations, fatigue research, driver training, roadside facilities and exemptions from the proposed rules. These concerns are examined below.
1. Industry Economics
Many witnesses stressed to the Committee that the question of hours of service cannot be fairly examined without it being looked at in the context of the economics of the trucking industry. They believe that hours of service are related to a number of factors such as industry working conditions (e.g., drivers responsible for loading and unloading their rigs), just on time delivery systems, and a shortage of drivers — all of which puts economic pressure on both owners and drivers.
The committee did not look at this issue in an in-depth manner. As noted, we focussed our efforts on the hours of service question. We would point out however that we regard this as an important factor in this debate and would urge the government to be cognizant of trucking economics when it sets out the new hours of service regime.
2. Enforcement of the Rules
In their presentations to the Committee, witnesses stressed that a key element in any hours of service regime was the ability to enforce the rules. They stated that under the current regime some drivers routinely broke the rules with logbook infractions being the most commonly cited area of abuse. Truck drivers told the Committee that it was difficult to catch these infractions because of a lack of inspectors and the logbooks being easy to tamper with.
It was suggested that the phase in of electronic on-board recorders to monitor hours of service was the best way to ensure compliance with the rules and witnesses noted that many of the newer trucks were manufactured to accept such recorders.
We believe that this proposal has merit and would greatly enhance the ability of the regulator to monitor compliance with any new hours of service regime. It must be noted however, that the adoption of this technology should take place in conjunction with truckers in the United States and Mexico. If this is not done, Canadian truckers would be operating under one regime while their competitors operated under another set of rules.
3. Variation in Trucking/Driving Operations
A theme that was raised by witnesses was the importance of recognizing that a new hours of service regime should take into account the variations in driving patterns that take place in the trucking industry. For example, are the same hours of service rules appropriate for both long and short-haul operators?
Witnesses, including sleep experts, also told the Committee that night driving should be treated differently from day driving because of the circadian rhythm, or body clock, and the way it reacts differently when you sleep at night or during the day. In other words, if you drive at night and sleep during the day you don’t get as much sleep as you would if the opposite occurred. In effect, people that work at night tend to build up a “sleep debt”.
The Committee believes these issues are relevant to developing a safe hours of service regime and that the government give them careful consideration in the development of new hours of service rules.
4. Fatigue Research/Fatigue Management Programs
Numerous witnesses told the Committee that they believed that we require more research into the whole area of fatigue and the role it plays in trucking safety. They stated that there was a need for more and better research — especially field studies on Canadian truck drivers. These studies are required to better understand the level of fatigue that is being experienced by truck drivers and how to manage it. From this research and evaluation, fatigue management programs can be developed to enable trucking companies and drivers to better cope with driver fatigue issues.
The Committee believes that a safe hours of service regime should be developed from sound research and evaluation. To that end, and with the varying opinions being expressed over the present and proposed hours of service rules, we would stress to the government the importance of sound research in developing new hours of service rules.
5. Driver Training
It was suggested to the Committee by some witnesses that training for truck drivers is too short and the courses did not account for driving under a variety of conditions such as snow, ice and night driving. Witnesses felt that one way to improve this situation would be through the development of a graduated licensing program for drivers — as experience grew the higher the level of license that could be attained. For example, a driver could not obtain a license to drive the maximum number of daily hours until fulfilling a certain number of hours behind the wheel and obtaining the proper certification through a recognized training program.
The Committee sees merit in this proposal and urges the government to examine the feasibility of developing such a program.
6. Lack of Roadside Facilities
Throughout the deliberations the Committee was told that a contributing factor in the long hours truckers operate was the fact that that there are inadequate rest stops on Canada’s major highways. Witnesses stated that, unlike the United States, Canada does not have an adequate number of strategically placed rest stops to enable truck drivers to take frequent rest breaks on their trips.
The Committee believes that, given the long distances between population centres and the harsh weather conditions, the construction of adequately spaced rest stops should be an integral part of an enhanced safety and hours of service program.
7. Exemptions From the Hours of Service Rules
Some witnesses appearing before the Committee asked to be exempted from the hours of service rules. The Canadian Construction Association sought an exemption on the basis that their industry which is weather dependent works only six months a year and therefore should not be subject to regulations that govern trucking that operates on a yearly basis. They would like to have licensed construction vehicles treated as non‑commercial vehicles as defined by regulation.
The bus companies are also seeking an exemption. They believe that because their industry operates over fixed routes and entails fundamentally different route and schedule structures, operating rules, driving periods and equipment and training requirements than are found in trucking operations, they should be covered by legislation separate and apart from the trucking industry.
Finally, concerns were raised over the fact that some trucking companies who are federally regulated, were restricted in their hours of operation even though they operate solely within the boundaries of one province and only for a limited number of days or weeks. An option that was suggested to accommodate this situation would be to establish classes of drivers within the hours of service regime to allow for seasonal operations.
The Committee understands that one of the criticisms of the current system is that it is too complicated and difficult to enforce. While we would not want to add to this, we do believe that there may have to be a “range of options” available to the regulator to account for variations in the industry. However, we urge the regulator to ensure that these options are uncomplicated and easily enforceable.
CONCLUSIONS and RECOMMENDATIONS
In this study, the Committee’s main focus has been improved safety on our roads. Witnesses all stated that the reason for hours of service rules was to maintain and improve safety and we concur. We also recognize that some witnesses believe that the proposed hours of service allow drivers to operate for too long a period of time — both on a daily and weekly basis. We would note however, that the proposed rules would reduce the driving hours from what is currently the practice and restrict the ability for drivers to cycle switch to boost their hours of driving.
Witnesses also stressed that the issues surrounding hours of service such as economics and enforcement cannot be ignored when implementing new rules. Careful examination of these concerns must take place in order to ensure a suitable regime is established.
Finally, in implementing any new regime, we strongly believe that a period of adjustment will be required by both the industry and the regulator to adapt to, and assess, the workability of the new rules. In addition, further research into fatigue and fatigue management may require modifications to the program during this period. We would therefore urge the government when implementing any new hours of service rules that this be done on a trial basis (perhaps three years) and that at the end of the trial period report to Parliament on the operation of the new regime.
As stated at the outset, this is a preliminary report. The Committee understands that more information and study will be required to complete its work on this issue and provide a definitive answer to the hours of service question.
Given these provisos, the Committee believes that the combined proposal of the CCMTA and the CTA/Teamsters has merit and bears consideration by Transport Canada. It could provide the starting point for a new and improved hours of service regime
Therefore, the Committee recommends that:
| 1. | After consultations with the Provinces, the CCMTA, stakeholders and organized labour, Transport Canada consider adopting the combined CTA/Teamsters — CCMTA proposal for hours of service. |
| 2. | Transport Canada, the CCMTA and stakeholders give careful consideration to the issues surrounding the hours of service debate in implementing a new regime; |
| 3. | Any new hours of service regime be subject to a trial period after which Transport Canada report to Parliament on the operation of the new hours of service rules. |
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