USA drivers that drive in Canada

Discussion in 'Trucking Industry Regulations' started by LogsRus, Dec 9, 2006.

  1. heyns57

    heyns57 Road Train Member

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    I hauled beer from Waterloo and London, Ontario to Benton Harbor, MI from 1985-98. The following are my notes to make my logs look more Canadian.

    The log will contain both the driver's printed name and signature.
    License plate numbers for tractor and trailer will be entered in the log along with the equipment numbers.
    The location where fuel was purchased and the number of gallons must be entered in the remarks section of the log. This includes U. S. fuel stops.
    As in the U. S., log entries must coincide with times shown on bridge toll receipts and customs passes.
     
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  3. LogsRus

    LogsRus Log it Legal

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    Minimum off-duty hours: 10 hours each day. 8 must be consecutive; remaining 2 hours in segments of at least 30 minutes

    Maximum on-duty hours in each (24 hr) day: 14 HOURS

    Elapsed time limits after coming on duty: No driving after the 16th hour

    Maximum driving time after coming on duty: 13 hours

    Deferral of off-duty time after coming on duty: Deferral of 2 hours off-duty to next day only-must still take 8 hours consecutive; hours deferred must be added to next core rest period

    Maximum on-duty time in a cycle: 70 hours in 7 days; or 120 hours in 14 days

    Cycle switching: Switching permitted after reset

    Minimum restart/reset 36 consecutive hours for cycle 1, & 72 consecutive hours for cycle 2

    Sleeper berth: Splitting off-duty- single drivers: 2 periods of at least 2 hours each that total 10 hours or more

    Sleeper berth: Splitting off-duty team drivers: 2 periods of at least 4 hours each that total 8 hours or more

    Mandatory off-duty time to limit consecutive workdays: At least 24 hours in preceding 14 days
     
  4. pearldiver

    pearldiver Bobtail Member

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    The difference between the 34 hr restart and the 36 hr restart is that if you enter Canada with a 34 hr restart you are ILLEGAL. You must have a 36 hour restart, then the fun can begin.

    Frankly, the HOS rules were to alleviate the over supply of trucks vs freight?

    All I know is that if you have 2 34 hr restarts in a month, away from home, that's 40 days and 40 nights away from your friends and family. If you want to force people not to drive at least let them go home, not at a truck stop.

    I would like to see a straight 14 hr day, 7 days a week, with 11 hr driving and 10 hr off or sleeper time. Give the driver the legal right to take a 12 hr break a couple times a month without getting fired or the shipper or carriers retaliating against each other with fines and such to alleviate fatigue.

    This way people could spend three weeks out, one week at home, like offshore workers. Trucks are off the road, people are at home, everyone should be happy. I'm not convinced team drivers need special rules, but I don't know enough about it to make an opinion.
     
  5. LogsRus

    LogsRus Log it Legal

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    I can actually post documents now so it should work, here goes.
     
  6. DanJ

    DanJ Light Load Member

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    I do not beleive that to be true. One of the first lines in the legislation is that each country recognizes the other's laws. Meaning, you follow US laws in the US, Canadian laws in Canada. So, you can come into Canada after taking a 34 hour reset in the US. Conversely, you can operate 70 hours in 7 days while in Canada and not be illegal going back to the US.

    It's just like in the past, if you crossed the border back into the US and had your logbook looked at, and it showed you drove at a higher average speed in Canada, you aren't going to be busted in the US for that since the Canadian speed limit is higher for trucks in most places than in the US.
     
  7. LogsRus

    LogsRus Log it Legal

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    Unfortunately Dan, Canada only recognizes their rules and USA only recognizes our rules. You can switch back in forth. Like if a USA driver is in Canada they can go under the Candian regulations on the 13 etc, but he better take a full 10 hour break before he comes to USA side!

    Now the trick is: Canada says you must take a 36 hour break to reset. Therefore the 34 does not full fill the 36 hr break Canada requires. When you do a 34 hr they will do the recap for the last 7 days and if you are over 70 hours/7 DAYS! (It will be fine doing 70 hours/8 days, since we are stricter) they will shut you down for 36 or until you gain hours under the gaining hours theory.

    Also if you don't have a 24 hour period within the 14 previous days, they will shut you down for 24 hours, starting right now! They won't fine you, but they will make you in compliance with the MTO regulations.

    IF a USA driver stays under the USA regulations, they only need to worry about
    1) Writting the beggining and ending odometer readings on their logs ON EVERY LOG SHEET! Starting now until you decide to never go to Canada again
    2) You need to keep track of Beginning and Ending odometer reading "if" you use your truck for personal use while in "CANADA ONLY"
    3) Make sure you take 36 hour breaks or you are in compliance with the 70 hour 8 day recap. If you do a 34 that DOES NOT COUNT IN CANADA! IT MUST BE 36 TO RESET THEIR CYCLE 1.
    4) Make sure you state on your log sheet you are using cycle 1.(we had this pre-printed on ours)
    5) Make sure you have a 24 hour period off duty (sleeper & off duty combination is fine) off within the previous 14 days.

    Chime in if you feel I forgot anything. I will post something else tomorrow that breaks down what I said; but a little more details.

    With the old rules in Canada you was always in compliance with Canada becasue the USA was stricter than Canada, now Canada is still not so strict in some area's but stricter in the one's mentioned above.
    I posted a link regarding the Canadian regulations.
    Let me know if you still don't believe me and I will get you proof, but it might be tomorrow since that is at work, sorry. The word I posted is showing the USA versus Canada, they did this so you could see where you needed to comply and where you didn't need to comply.

    Have a great night! I am just the messenger; DON'T SHOOT ME!
     
  8. DanJ

    DanJ Light Load Member

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    http://www.trucknews.com/HoursOfService/Canada Gazette.pdf

    The top of page 4 of the legislation has the phrase "Presently, Canada and the US recognize each other's hours of service regime. Canadian commercial vehicle drivers adhere to the US regime when driving in the US and vice versa."

    That says to me that when you are in the other country, you follow the other country's rules. Which is what one would expect. If there is no requirement for 24 hours off in 14 days in the US, then you aren't going to be told to take 24 off when you go into Canada, unless you stay here for 14 days.
     
  9. LogsRus

    LogsRus Log it Legal

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    USA drivers can run under Canada regulations while in Canada! Canadians can run under the USA regulations, but you must be in compliance with each others regulations while entering the Country or leaving the county.

    I just had a driver tell me they shut him down because he was not in compliance to drive into the country.

    I currently manage a company that is based in Canada and we allow the Canadians to switch back and forth. But they have to go with the stricter of the rules to stay in compliance.

    I went to a seminar which included one of the big guys from MTO (that is their DOT's name) and they specifacly stated what I stated to everyone. IF a USA driver is not in compliance with the Canadians regulations they will not be allowed into the country and will be shut down and fined. I will try and find something more clearer. I have something but it was a book given to me in the seminar by MTO?

    But again you can switch back and forth "if" your company allows you. We are a big company and it is just best to stay under USA regs as to having the driver go back and forth and get confused and cost fines. But some company's might let you switch back and forth. But if you go to Canada you do need a 36 and you do need the 24 hour period off duty as explained. Our Canada company switches back and forth because they spend allot of time in both the USA and Country. The auditors have to know USA regs & Canadian "THAT IS CRAZY STUFF THERE".

    Again I am not trying to argue with ya, but I want driver's to understand the facts on it, so I will try and find something you can see. If I find it I will post!:) :)
     
  10. LogsRus

    LogsRus Log it Legal

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    Ok duh I did have this document at home: Now I want to say I partically do not even CARE FOR JJ KELLER anymore, I USED TO! But this is from their website, it is really hard to find the information on Canada on the net for some reason, maybe I am typing in the wrong search information?
    Anyhow what they have stated in this letter is TRUE! I know this to be true because of the Seminar I went to and I specifaclly ask the MTO guy what would a USA driver need to do to stay in compliance with both and this letter will provide that answer.
    If you still doubt me, please let me know and I will somehow make you believe me:) :) Have a great night
     
  11. heyns57

    heyns57 Road Train Member

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    The more stringent pre-trip inspection rules in Saskatchewan and Ontario begin July 1, 2007. Drivers will now have to prove they have inspected specific parts of a vehicle. The new rules are very clear on when a vehicle can and cannot be operated, according to about 79 different defective conditions listed under 23 general inspection areas. A driver will be required to look for specific problems. U.S. truckers who are stopped in Ontario for a roadside safety check eventually could receive a citation if they cannot show the enforcement officer proof that they completed the new inspection. J.J. Keller & Associates is already receiving orders from U.S. and Canadian motor carriers for the new pre-trip inspection forms. Ontario will apply a six-month educational period for carriers to transition to the new requirements.

    http://www.todaystrucking.com/news.cfm?intDocID=18061
     
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