Vol. 137, No. 7 — February 15, 2003

Commercial Vehicle Drivers Hours of Service Regulations

Statutory Authority

Motor Vehicle Transport Act, 1987

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The Commercial Vehicle Drivers Hours of Service Regulations govern the maximum driving times and minimum off-duty times of commercial vehicle (bus and truck) drivers employed or otherwise engaged in extra-provincial transportation. These Regulations require drivers to keep a record of their daily driving and other work activities in a prescribed format and to make these records available to designated enforcement officials upon request.

Transport Canada is proposing to repeal and replace the Commercial Vehicle Drivers Hours of Service Regulations 1994, under the Motor Vehicle Transport Act, 1987 (MVTA). The central changes featured in the proposed regulations include:

— Increasing the minimum daily off-duty period by 25 percent from 8 hours to 10 hours;

— Requiring that no fewer than 8 of the hours of off-duty time be taken consecutively, with the additional 2 hours to be taken in increments of no less than a half hour;

— Reducing the daily maximum driving time by 18.8 percent from 16 hours to 13 hours;

— Reducing the daily maximum on-duty time by 12.5 percent from 16 hours to 14 hours, of which no more than 13 hours can be on-duty driving time;

— Eliminating the option to reduce the off-duty time from 8 hours to 4 hours;

— Increasing the minimum rest period for co-drivers using a sleeper berth from 2 hours to 4 consecutive hours;

— Permitting within defined parameters, the averaging of on-duty and off-duty time over a 48 hour period;

— Reducing the number of available work/rest cycles from three to two: a maximum 70-hour cycle over 7 days and a maximum 120-hour cycle over 14 days;

— For drivers who wish to switch or reset cycles, requiring a minimum of 36 consecutive hours off-duty before "resetting the clock to zero" for the 70-hour cycle and a minimum of 72 consecutive hours off-duty for the 120-hour cycle; and

— Requiring a minimum 24-hour off-duty period, at least once every 14 days for all drivers.

The main objective of the proposed regulations is to reduce the risk of fatigue-related commercial vehicle accidents by providing drivers with the opportunity to obtain additional rest. The Regulations also aim to reduce the complexity of the rules by making them easier to comply with and to enforce, for example through the reduction of the number of cycles and the elimination of the options to reduce off-duty time.

The proposed Regulations are patterned after an applicable National Safety Code Standard (NSC). The NSC is a comprehensive code of minimum performance standards designed to ensure the safe operations of commercial vehicles, drivers and motor carriers. One of these standards — NSC No. 9 — Hours of Service, contains the basic rules on hours of service. On September 20, 2002, the federal/provincial Council of Ministers responsible for Transportation and Highway Safety approved NSC No. 9 as the basis for amendments to federal and provincial regulations. Based on the Council of Ministers' commitment, the Department is initiating changes to the hours of service regulations at a federal level. Similar changes are being initiated by provinces for intra-provincial transportation.

Alternatives

Through consultation with provincial jurisdictions and stakeholders, Transport Canada considered the following alternatives: maintaining the status quo, fully accepting the proposals of stakeholder groups, and harmonization with the United States' hours of service regime.

The status quo was rejected because the current Regulations do not incorporate new developments in sleep and fatigue management research, which conclude that sleep is the principal countermeasure to fatigue.

During the deliberations on the proposed Regulations, which have been underway for over a decade, a number of stakeholders offered variations on the proposal. This is not surprising given the complexity of the subject, and the wide interests of stakeholders.

While the development of the proposed Regulations accounted for the latest research findings about sleep and fatigue, the scientific community offered no single definitive solution. Opinions often varied. Accordingly, a measure of subjectivity was required in developing the revisions. All major stakeholders have accepted the proposal as a consensus solution that incorporates the essence of the latest research while still balancing the economic and societal demands placed on the motor carrier industry. Should other conclusive research findings become available, further regulatory modifications will be considered.

A final alternative considered was the harmonization of Canada's hours of service rules with those of the U.S. Presently, Canada and the U.S. recognize each other's hours of service regime. Canadian commercial vehicle drivers adhere to the U.S. regime when driving in the U.S. and vice versa. Differences between the two countries with respect to demographics, geography, and infrastructure, have dictated historically different regimes. Neither the motor carrier industry nor the regulating authorities indicated being in favour of fully harmonizing Canada's hours of service regulations to those of the U.S.

It should also be noted that the U.S. Federal Motor Carrier Safety Administration issuance of a Notice of Proposed Rulemaking (April 2001) on hours of service generated a significant amount of controversy. Consequently, U.S. officials are presently revisiting the proposal. There is no indication when a new rule will be proposed, how a new regime would be structured in the U.S., or whether a new regime would be acceptable in the Canadian context. Thus it is premature to promote harmonization with the U.S. as a viable alternative.

In summary, based on current research findings, efforts to balance societal and economic demands, and the uncertain future direction of the hours of service rules in the U.S., the proposed Regulations are viewed as having the best potential to improve safety while accommodating the efficient and economic movement of goods and people.

Benefits and Costs

The motor carrier industry is a very important component of the Canadian economy, with annual operating revenues of $50 billion. Trucking is a vital component of international trade, with exports to the U.S. representing 80 percent by value of goods shipped, and imports 60 percent. While the motor coach industry is much smaller, it also plays an important role in transporting passengers both on an intercity and on a charters/tour basis and carries approximately 14 million scheduled passengers annually.

Data is sparse on the cause of accidents as a result of fatigue. Information collected by Transport Canada is derived from police accident reports, as provided by the provinces. Of the approximately 3 000 fatalities that occurred annually on Canada's roads between 1994 and 1998, only 11 fatalities per year are attributed to either fatigue or falling asleep. However, it is widely felt that these statistics are underreported. The U.S. Federal Motor Carrier Safety Administration suggests that fatigue could be the cause in about 15 percent of annual road fatalities, while other sources suggest that the number could be considerably higher — up to 40 percent.

Some stakeholders claim the proposal will increase driving hours. This is incorrect. In fact, the proposed Regulations increase the daily off-duty time by 2 hours or 25 percent and decrease the daily driving time by 3 hours, a decrease of 18.8 percent. In addition, allowable driving time over a seven-day period is reduced; other changes will also provide drivers with a greater opportunity to obtain more rest.

The adoption of the proposed Commercial Vehicle Drivers Hours of Service Regulations therefore is expected to have incremental beneficial effects on road safety. While prescribing additional hours of consecutive rest does not guarantee that drivers will sleep, the possibility that a driver be less tired is significantly enhanced in the proposed Regulations. Simplifying the Regulations ensures that they will be easier to understand and will thereby promote improved industry compliance. Less complex regulations are also easier to enforce.

The anticipated costs of the proposed Regulations are minimal. The volume of freight and passengers being transported is not likely to be affected by the proposed changes. The proposed Regulations are not expected to affect inflation and employment. Possible expenses for industry and provincial governments will include training for inspectors and commercial vehicle drivers on the new Regulations, changes to logbooks and adjustments to the software and hardware of operating systems. Nonetheless, industry and governments have accepted these costs as a necessary outcome to providing a safer environment on Canadian roads.

Environmental Impact

The Regulations have no environmental impact.

Regulatory Burden

The Regulations do not impose any additional regulatory burden; in fact, the regulation is simplified.

Consultation

In developing these proposed Regulations, Transport Canada considered the views of public interest groups, law enforcement agencies, labour organizations and the motor carrier industry, as well as provincial governments and individual stakeholders.

The Department's main consultative mechanism has been the Canadian Council of Motor Transport Administrators (CCMTA), the key national organization for motor carrier safety. The CCMTA is a non-profit organization comprised of representatives from federal and provincial governments, as well as associate members representing a wide variety of interests. Through a collective consultative process, the CCMTA makes decisions on administration and operational matters dealing with motor carrier, commercial vehicle and driver safety. Associate members are invited, without reservation, to participate on project groups and task forces, where standards and proposed regulations are discussed and developed.

Deliberations on revising the hours of service rules have been underway since the early 1990s under the auspices of the CCMTA. Discussions on specific changes were held in abeyance pending release of a multi-year groundbreaking $6 million study, which was conducted by the Department in partnership with the U.S. Department of Transport. The Driver Fatigue and Alertness Study (DFAS) results were released in November 1996, at which time Transport Canada assumed the chair of the multi-stakeholder CCMTA Project Group examining hours of service. Members included representatives from federal and provincial governments, the motor carrier sector, public interest groups, U.S. federal transportation officials and labour organizations.

The Project Group also sought guidance from a panel of academic experts in shift-work, sleep and human performance. Their report was published in September 1998. Many of the panel's recommendations were adopted completely or in part, and formed the basis for the recommended changes in the proposed Regulations.

Further, because the Project Group was interested in obtaining the views of all stakeholders, Transport Canada engaged the services of a consultant in the fall of 1998 to gather input to the hours of service review. The consultant's report, published in December 1998, presented the views of approximately 60 stakeholders from across Canada.

Throughout 1999, the Project Group met numerous times to finalize its deliberations. The results were incorporated into a firm set of proposals (revisions to the standard) presented in a policy paper, which was approved by the CCMTA Board of Directors in December 1999.

To further encourage public input, in April 2001, the Minister of Transport invited the House of Commons Standing Committee on Transport (SCOT) to examine the issue of commercial drivers' hours of service and the CCMTA proposal. The SCOT hearings allowed a range of interested parties to provide their viewpoint on a revised hours of service regime in Canada. The Standing Committee tabled its report on June 17, 2002; its conclusions support the changes as proposed by the CCMTA.

In addition to approving the proposed changes, during its September 20, 2002 meeting, the Council of Ministers also agreed to work on continued research into effective fatigue management, on-going improvements to hours of service regimes and the development of improved enforcement tools such as numbered logbooks and new electronic tools.

The proposed Regulations have been developed in concert with the revised NSC standard on hours of service. Transport Canada's review of the hours of service rules has been an exhaustive and extensive process that has involved stakeholders at every phase of the discussions. The open and transparent nature of the dialogue has allowed for a rigorous and frank debate of the issues.

The proposed Regulations are considered by major stakeholders (including government, industry e.g. the Canadian Trucking Alliance, labour organizations e.g. Teamsters Canada, and safety organizations e.g. the Canadian Automobile Association) to have the potential to improve road safety while balancing economic and social concerns. The changes provide greater opportunities for drivers to obtain more rest, which is the most effective way to combat the effects of fatigue. Nevertheless, some stakeholders suggest that the proposed changes do not go far enough in limiting driver on-duty hours.

Comments on the proposed Regulations will be accepted during the 60-day consultation period that will follow the publication of this proposal in the Canada Gazette, Part I. All responses will be taken into consideration in the development of the final regulations.

Compliance and Enforcement

Provincial governments are responsible for enforcing the Hours of Service Regulations.

Transport Canada will monitor the implementation and enforcement of the Commercial Vehicle Drivers Hours of Service Regulations through the meetings and discussions of the appropriate CCMTA standing committees, through bilateral discussions with jurisdictions and industry representatives, through periodic reporting and through occasional studies on implementation and consistency as may be undertaken by the Department.

Section 26 of the Motor Vehicle Transport Act (MVTA), requires that the Minister table with Parliament a comprehensive review of the amendments to the Act passed by Parliament in 2001. Proclamation bringing these amendments into force is anticipated in 2003. The review is to occur during the fifth year after coming into force. By this time, it is expected that the revised hours of service regulations will have been in force in all jurisdictions for a meaningful period of time. Although the amendments do not directly affect the proposed Regulations, a concurrent review of the operation of the new hours of service rules would be logical and complementary and will be included as part of the comprehensive review.

Contacts

Brian Orrbine, Chief, Motor Carrier Group, Road Safety and Motor Vehicle Regulation Directorate, Transport Canada, 330 Sparks Street, Tower C, 8th Floor, Ottawa, Ontario K1A 0N5, (613) 990-8855 (Telephone); (613) 990-2912 (Facsimile); orrbinb@tc.gc.ca (Electronic mail), or Road Safety and Motor Vehicle Regulation Directorate, Transport Canada, 330 Sparks Street, Tower C, 8th Floor, Ottawa, Ontario K1A 0N5, (613) 998-8616 or 1-800-333-0371 (Telephone); (613) 990-2913 (Facsimile); regsclerkcommis@tc.gc.ca (Internet address).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsection 3(1) of the Motor Vehicle Transport Act, 1987 (see footnote a) , proposes to make the annexed Commercial Vehicle Drivers Hours of Service Regulations.

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport within 60 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to Brian Orrbine, Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, 330 Sparks Street, Ottawa, Ontario K1A 0N5.

Persons making representations should also identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

Ottawa, February 13, 2003

EILEEN BOYD

Assistant Clerk of the Privy Council

COMMERCIAL VEHICLE DRIVERS HOURS OF SERVICE REGULATIONS

INTERPRETATION

1. (1) The definitions in this section apply in these Regulations.

"adverse driving conditions" means snow, sleet, fog or other adverse weather or road conditions that were not apparent on the basis of information known to a driver or a motor carrier dispatching a driver immediately before the driver began driving. (mauvaises conditions de circulation)

"co-driver" means a person who is present in a commercial vehicle because of having been, or being about to be, its driver. (coconducteur)

"commercial vehicle" means, subject to subsection (2), a vehicle that

(a) is operated by a motor carrier and propelled otherwise than by muscular power; and
(b) is a truck, tractor, trailer or any combination of them that has a registered gross vehicle weight in excess of 4 500 kg or a bus that is designed and constructed to have a designated seating capacity of more than 10 persons, including the driver. (véhicule utilitaire)

"cycle" means

(a) cycle 1, under which the on-duty time is accumulated over a period of 7 days; and
(b) cycle 2, under which the on-duty time is accumulated over a period of 14 days. (cycle)

"daily log" means a record containing the information required by section 82. (fiche journalière)

"day" means a 24-hour period that begins at the hour designated by a motor carrier and entered in the daily log by the driver. (jour ou journée)

"director" means a federal director or a provincial director. (directeur)

"driver"

(a) means a person who operates a commercial vehicle;
(b) means, in respect of a motor carrier, a person employed or otherwise engaged by the motor carrier to operate a commercial vehicle; and
(c) for the purposes of section 98, includes a co-driver. (conducteur)

"duty status" means any of the following periods:

(a) off-duty time, other than time spent in a sleeper berth;
(b) off-duty time spent in a sleeper berth;
(c) driving time; or
(d) on-duty time, other than driving time. (activité)

"electronic recording device" means an electric, electronic or telematic device that is installed in a commercial vehicle and is capable of recording accurately each period of duty status, in whole or in part. (enregistreur électronique)

"emergency vehicle" means a vehicle that is designated as an emergency vehicle under the laws of the province in which the vehicle is operated. (véhicule de secours)

"federal director" means an official of the Road Safety and Motor Vehicle Regulation Directorate of the federal Department of Transport. (directeur fédéral)

"home terminal" means the place of business of a motor carrier at which a driver ordinarily reports for work and, for the purposes of sections 13, 39 and 82, includes a temporary work site designated by the motor carrier. (terminus d'attache)

"inspector" means

(a) a person designated under subsection 2(2); or
(b) a peace officer within the meaning of section 2 of the Criminal Code. (inspecteur)

"motor carrier" means a person who is engaged in the operation of an extra-provincial bus undertaking or an extra-provincial truck undertaking. (transporteur routier)

"off-duty time" means any period other than on-duty time. (heures de repos)

"oil-well service vehicle" means a commercial vehicle that is

(a) specially constructed, altered or equipped to accommodate a specific service requirement associated with the oil or natural gas industry; and
(b) used exclusively in the oil or natural gas industry for the transportation of equipment or materials to and from oil or natural gas facilities or for the servicing and repair of oil and natural gas facilities. (véhicule de service de puits)

"on-duty time" means the period that begins when a driver begins work or is required by the motor carrier to be available to work and ends when the driver stops work or is relieved of responsibility by the motor carrier, and includes driving time and time spent by the driver

(a) inspecting, servicing, repairing, conditioning or starting a commercial vehicle;
(b) travelling in a commercial vehicle as a co-driver, when the time is not spent in the sleeper berth;
(c) participating in the loading or unloading of a commercial vehicle;
(d) inspecting or checking the load of a commercial vehicle;
(e) waiting for a commercial vehicle to be serviced, loaded or unloaded;
(f) waiting for a commercial vehicle or its load to be inspected at a customs office or weighing check-point;
(g) travelling as a passenger in a commercial vehicle, at the request of the motor carrier by whom the driver is employed or otherwise engaged, to the destination at which the driver will begin driving time;
(h) waiting at an en-route point because of an accident or other unplanned occurrence or situation;
(i) resting in or occupying a commercial vehicle for any other purpose, except time spent in a sleeper berth or in a stationary commercial vehicle to satisfy the requirement of section 14 to take 2 off-duty hours daily in addition to 8 consecutive hours; or
(j) performing any work for any motor carrier. (heures de service)

"out-of-service declaration" means a declaration issued by a director or inspector under section 91. (déclaration de mise hors service)

"permit" means a permit issued under section 61, 62 or 63 that authorizes a motor carrier or a driver to deviate from the driving time and off-duty time requirements of sections 12 to 29 or 38 to 54. (permis)

"principal place of business" means the place in Canada designated by the motor carrier as the place where daily logs and supporting documents required by these Regulations are kept. (établissement principal)

"provincial director" means an official of a province designated under subsection 2(1) for the province in which the principal place of business of the motor carrier is located. (directeur provincial)

"sleeper berth" means an area of a commercial vehicle that meets the requirements of Schedule 1. (couchette)

"supporting document" means a document or information needed by a director or inspector to assess compliance with these Regulations. (document justificatif)

(2) For the purposes of these Regulations, the following vehicles are not commercial vehicles:

(a) a two-axle or three-axle vehicle used for
(i) the transportation of primary products of a farm, forest, sea or lake, if the driver or the motor carrier is the producer of the products, or
(ii) a return trip after the transportation of primary products of a farm, forest, sea or lake, if the vehicle is empty or is transporting products used in the principal operation of a farm, forest, sea or lake;
(b) an emergency vehicle;
(c) a vehicle transporting goods or passengers to provide relief in the case of a public welfare emergency, as that expression is defined in section 5 of the Emergencies Act;
(d) a bus that is part of an urban transit passenger bus service that is provided in a municipality, in contiguous municipalities or within 25 km of the boundary of a municipality; and
(e) a commercial vehicle driven for personal use if
(i) the distance travelled does not exceed 50 km,
(ii) the vehicle has been unloaded,
(iii) any trailers have been unhitched, and
(iv) the driver is not the subject of an out-of-service declaration under section 91.

DIRECTORS

2. (1) The minister responsible for highway safety in a province may designate a person to exercise in the province the duties and functions of a director under these Regulations.

(2) A director may designate inspectors for the purposes of these Regulations.

RESPONSIBILITIES OF MOTOR CARRIERS, SHIPPERS, CONSIGNEES AND DRIVERS

3. No motor carrier, shipper, consignee or other person shall request, require or allow a driver to drive and no driver shall drive if

(a) the driver's faculties are impaired to the point where it is unsafe for the driver to drive;
(b) driving would jeopardize or be likely to jeopardize the safety or health of the public, the driver or the employees of the motor carrier;
(c) the driver is the subject of an out-of-service declaration; or
(d) the driver, in doing so, would not be in compliance with these Regulations.

[4 to 8 reserved]

REQUIREMENT TO TAKE OFF-DUTY TIME

9. No driver shall drive except in conformity with the requirements in respect of off-duty time set out in

(a) sections 12 to 29;
(b) sections 38 to 54; or
(c) a permit issued to the motor carrier.

[10 reserved]

SCHEDULING — DRIVING SOUTH OF LATITUDE 60°N

Application

11. Sections 12 to 29 apply in respect of driving south of latitude 60°N.

Driving Time

12. No driver shall drive after accumulating 13 hours of driving time in a day.

[13 reserved]

Daily Off-duty Time

14. (1) A driver shall take at least 10 hours of off-duty time in any day.

(2) Subject to sections 28 and 29, 8 of the hours of off-duty time shall be consecutive and shall precede the initial on-duty time in the day.

(3) The 2 other hours of off-duty time may be distributed throughout the day in blocks of no less than 30 minutes each.

[15 reserved]

Deferral of Daily Off-duty Time

16. Despite sections 12 and 14, a driver may defer a maximum of 2 hours of the daily off-duty time to the following day if

(a) the total off-duty time taken in the 2 days is at least 20 hours;
(b) the off-duty time deferred is added to the 8 consecutive hours of daily off-duty time taken in the second day; and
(c) the total driving time in the 2 days does not exceed 26 hours.

East Coast Ferries

17. Despite subsection 14(2), a driver travelling by a ferry service connecting Nova Scotia and Newfoundland and Labrador is not required to take 8 consecutive hours of daily off-duty time if

(a) the time spent resting in a sleeper berth while waiting at the terminal to embark onto the ferry and the time spent resting in rest accommodations on the ferry combine to total a minimum of 8 hours;
(b) the hours are recorded in the daily log as off-duty time spent in a sleeper berth;
(c) the driver retains, as a supporting document, the receipt for the crossing and rest accommodation fees; and
(d) the supporting document coincides with the daily log entries.

Splitting of Daily Off-duty Time

18. Despite subsection 14(2), if a team of drivers drives a commercial vehicle fitted with a sleeper berth, each of them may split the 8 consecutive hours of daily off-duty time into two periods, each at least 4 hours long, if

(a) each driver has no more than 14 hours of on-duty time in the day;
(b) the off-duty time that is split is spent resting in the sleeper berth; and
(c) none of the daily off-duty time is deferred to the next day.

[19 to 23 reserved]

Cycles

24. A driver shall follow cycle 1 or cycle 2.

25. No driver shall drive without taking at least 24 consecutive hours of off-duty time in the preceding 14 days.

26. No driver who is following cycle 1 shall drive after accumulating 70 hours of on-duty time during any period of 7 days.

27. No driver who is following cycle 2 shall drive after accumulating

(a) 120 hours of on-duty time in any period of 14 days; or
(b) 50 hours or more but not more than 70 hours of on-duty time, without having taken at least 24 consecutive hours of off-duty time.

Cycle Reset — Supplementary Off-Duty Time

28. (1) A driver may end the current cycle and begin a new cycle if the driver first takes the following supplementary off-duty time:

(a) for cycle 1, at least 36 consecutive hours; and
(b) for cycle 2, at least 72 consecutive hours.

(2) After taking the supplementary off-duty time, the driver begins a new cycle, the accumulated hours are set back to zero and the driver's hours begin to accumulate again.

Cycle Switching — Supplementary Off-Duty Time

29. (1) No driver shall switch from one cycle to the other without first taking the following supplementary off-duty time before beginning to drive again:

(a) to switch from cycle 1 to cycle 2, at least 36 consecutive hours; and
(b) to switch from cycle 2 to cycle 1, at least 72 consecutive hours.

(2) After taking the supplementary off-duty time, the driver begins the other cycle, the accumulated hours are set back to zero and the driver's hours begin to accumulate again.

[30 to 36 reserved]

SCHEDULING — DRIVING NORTH OF LATITUDE 60°N

Application

37. Sections 38 to 54 apply in respect of driving north of latitude 60°N.

Driving Time

38. No driver shall drive after accumulating 15 hours of driving time in a day.

[39 reserved]

Daily Off-duty Time

40. Subject to sections 53 and 54, a driver shall take at least 8 consecutive hours of off-duty time in a day and it shall precede the initial on-duty time in that day.

[41 reserved]

Splitting of Daily Off-duty Time

42. Despite section 40, if a team of drivers drives a commercial vehicle fitted with a sleeper berth, each of them may split the 8 consecutive hours of daily off-duty time into two periods, each at least 4 hours long, if

(a) each driver has no more than 16 hours of on-duty time in the day; and
(b) the off-duty time that is split is spent resting in the sleeper berth.

[43 to 48 reserved]

Cycles

49. A driver shall follow cycle 1 or cycle 2.

50. No driver shall drive without taking at least 24 consecutive hours of off-duty time in the preceding 14 days.

51. No driver who is following cycle 1 shall drive after accumulating 80 hours of on-duty time during any period of 7 days.

52. No driver who is following cycle 2 shall drive after accumulating

(a) 120 hours of on-duty time in any period of 14 days; or
(b) 60 hours or more but not more than 80 hours of on-duty time, without having taken at least 24 consecutive hours of off-duty time.

Cycle Reset — Supplementary Off-Duty Time

53. (1) A driver may end the current cycle and begin a new cycle if the driver first takes the following supplementary off-duty time:

(a) for cycle 1, at least 36 consecutive hours; and
(b) for cycle 2, at least 72 consecutive hours.

(2) After taking the supplementary off-duty time, the driver begins a new cycle, the accumulated hours are set back to zero and the driver's hours begin to accumulate again.

Cycle Switching — Supplementary Off-Duty Time

54. (1) No driver shall switch from one cycle to the other without first taking the following supplementary off-duty time before beginning to drive again:

(a) to switch from cycle 1 to cycle 2, at least 36 consecutive hours; and
(b) to switch from cycle 2 to cycle 1, at least 72 consecutive hours.

(2) After taking the supplementary off-duty time, the driver begins the other cycle, the accumulated hours are set back to zero and the driver's hours begin to accumulate again.

[55 to 60 reserved]

PERMITS

Special Permits

61. (1) A federal director may issue a special permit to a motor carrier for the purposes of a research or pilot project if the safety and health of the public, the driver or the employees of the motor carrier are not jeopardized or are unlikely to be jeopardized.

(2) Sections 64 to 68 apply in respect of special permits, with such modifications as the circumstances require.

(3) The applicant shall provide to the federal director a detailed work plan that includes at least the following information:

(a) the nature of the proposed research;
(b) the objectives of the proposed research;
(c) the competence of the applicant to participate in the planned research;
(d) the criteria and method for measuring results;
(e) the safety implications and approach to addressing any possible risks noted;
(f) the duration of the research project; and
(g) the manner and timing of reporting results.

Permits for Commercial Vehicles Other than Oil-Well Service Vehicles

62. (1) A provincial director may issue to a motor carrier a permit in respect of a commercial vehicle other than an oil-well service vehicle if

(a) the safety and health of the public, the driver or the employees of the motor carrier are not jeopardized or are unlikely to be jeopardized; and
(b) a reduction of off-duty time or an increase in driving time is required
(i) to allow the driver following a regular itinerary to reach the driver's home terminal or destination,
(ii) to allow the delivery of perishable goods, or
(iii) to accommodate a significant temporary increase in the transportation of passengers or goods by the motor carrier.

(2) The maximum reduction of off-duty time that may be authorized is the 2 hours of daily off-duty time required by section 14 and the maximum increase in driving time is 2 hours.

Oil-Well Service Vehicle Permits

63. (1) A provincial director may issue to a motor carrier a permit in respect of an oil-well service vehicle if

(a) the driver has successfully completed training directly related to safety requirements associated with operating within the field services sector of the oil or natural gas industry; and
(b) the safety and health of the public, the driver or the employees of the motor carrier are not jeopardized or are unlikely to be jeopardized.

(2) Only the off-duty requirements of sections 25 and 50 and the supplementary off-duty time requirements of sections 28, 29, 53 and 54 may be reduced.

(3) The permit shall stipulate that the driver shall have at least 3 periods of off-duty time, each 24 hours long, in any period of 24 days. The periods may be taken consecutively or may be separated by on-duty time.

(4) After taking the supplementary off-duty time specified for the cycle being followed, the driver begins a new cycle, the accumulated hours are set back to zero and the driver's hours begin to accumulate again.

(5) Waiting time and standby time at an oil or natural gas well site or ancillary facility shall not be included as on-duty time if

(a) the driver performs no work during the time;
(b) the time is fully and accurately recorded in the daily log as off-duty time and denoted as waiting or standby time in the "Remarks" section; and
(c) the time is not included in the required minimum of 8 consecutive hours of daily off-duty time.

Applications for Permits

64. (1) A motor carrier may apply to a director for a permit by providing the following information and documents:

(a) the name of the motor carrier;
(b) the names of the drivers who will operate a commercial vehicle under the permit;
(c) the driving licence numbers of the drivers;
(d) the total number of commercial vehicles operated by the motor carrier;
(e) a list of all accidents involving the motor carrier or any driver of the motor carrier that occurred during the 6-month period before the date of the application if they are required by the laws of the province in which the accident occurred to be reported to the police;
(f) the requested duration of the permit;
(g) in the case of an extra-provincial truck undertaking, a detailed description of the load and the provinces in respect of which the permit is to apply;
(h) in the case of an extra-provincial bus undertaking, a detailed description of the routes in respect of which the permit is to apply;
(i) the requested schedule;
(j) the reasons for the application, with supporting evidence;
(k) a copy of every permit issued to the motor carrier in the previous 5 years;
(l) a signed declaration that discloses any other application for a permit made by the motor carrier to any director within the 6-month period before the date of the application; and
(m) any other information required by the director to evaluate whether the granting of a permit would jeopardize or be likely to jeopardize the safety or health of the public, the driver or the employees of the motor carrier.

(2) If requested by the director to do so, the motor carrier shall make available to the director the daily logs or records of on-duty times, for the 6 months before the date of the application, of every driver who will operate a commercial vehicle of the motor carrier under the permit.

Approval of Other Directors

65. (1) Before issuing a permit, a director shall obtain the written approval of the provincial directors of the provinces in which the commercial vehicle will be driven under the permit.

(2) A provincial director from whom approval is sought shall

(a) respond to the request for approval within 15 days after receiving it; and
(b) give the approval if the provincial director has no reason to believe that the safety and health of the public, the driver or the employees of the motor carrier would be or would be likely to be jeopardized by the granting of the permit.

Issuance of Permits

66. A director who issues a permit shall specify in the permit

(a) the reasons for issuing it;
(b) its duration, not exceeding one year;
(c) the schedule that the driver shall follow; and
(d) any other conditions required for the protection of the safety and health of the public, the driver or the employees of the motor carrier.

Obligations of Holders of Permits

67. A motor carrier to whom a permit is issued shall

(a) ensure that a copy of the permit is placed in each commercial vehicle in respect of which it applies;
(b) provide the director with a list of commercial vehicles in respect of which the permit applies and keep the director informed of any changes, so that the director may accurately and quickly identify the vehicles;
(c) make available for inspection by the director, immediately on request, the daily log and the supporting documents of the drivers of the commercial vehicles in respect of which the permit applies; and
(d) notify the director without delay of any accident involving any of the commercial vehicles to which the permit applies if it is required by the laws of the province in which the accident occurred to be reported to the police.

Amendment, Cancellation and Suspension of Permits

68. (1) A director who issues a permit may amend, cancel or suspend it, and a director who approves a permit issued by another director may withdraw the approval, on written notification to the motor carrier, if

(a) the motor carrier or the driver contravenes these Regulations or any condition of the permit; or
(b) the director determines that the safety and health of the public, the driver, or the employees of the motor carrier are jeopardized or likely to be jeopardized.

(2) The director shall make the choice among amendment, cancellation and suspension

(a) if the director is a provincial director, in accordance with the laws of the province; and
(b) if the director is the federal director, in accordance with the laws of the province in which the principal place of business of the motor carrier is situated.

(3) When a director withdraws approval for a permit issued by another director, the director who issued the permit shall amend it to remove the authority for a commercial vehicle to be operated under the permit in the province in respect of which approval is withdrawn.

[69 to 75 reserved]

EMERGENCIES AND ADVERSE DRIVING CONDITIONS

76. (1) The requirements of these Regulations in respect of driving time, on-duty time and off-duty time do not apply to a driver who, in an emergency, requires more driving time to reach a destination that provides safety for the commercial vehicle occupants and for other users of the road or the security of the commercial vehicle and its load.

(2) A driver who encounters adverse driving conditions on a trip may extend the driving time specified in section 12 and reduce the 2 hours of daily off-duty time referred to in subsection 14(3) by the amount of time needed to complete the trip if the trip could have been completed under normal driving conditions without the reduction.

(3) A driver who extends their driving time because of an emergency or adverse driving conditions shall record the reason for doing so in the "Remarks" section of the daily log.

[77 to 79 reserved]

DAILY LOGS

Interpretation

80. A requirement that a driver record time in a daily log is a requirement to record the time using local time at the driver's home terminal.

Requirement to Fill Out a Daily Log

81. (1) A motor carrier shall require every driver to maintain a daily log each day that accounts for all of the driver's on-duty time and off-duty time for that day, and every driver shall do so.

(2) This section does not apply if

(a) the driver operates the commercial vehicle within a radius of 160 km of the home terminal;
(b) the driver returns to the home terminal each day; and
(c) the motor carrier maintains accurate records showing the driver's duty status for each day and keeps these records for a minimum period of one year after that day.

Content of Daily Logs

82. (1) At the beginning of each day, the driver shall enter the following information in the daily log:

(a) the name of the driver and, if the driver is a member of a team of drivers, the names of the co-drivers;
(b) the date and hour at which the driver's day begins;
(c) the cycle that the driver is following;
(d) the commercial vehicle licence plate or unit number;
(e) the odometer reading of the commercial vehicle;
(f) the name and the address of the home terminal or principal place of business of every motor carrier by whom the driver was employed or otherwise engaged during that day;
(g) if the motor carrier or driver was not required to keep a daily log immediately beforethe beginning of the day, the number of hours of off-duty time and on-duty time that were accumulated by the driver during the 14 days immediately before the beginning of the day; and
(h) if applicable, a declaration in the "Remarks" section of the daily log that the driver is deferring off-duty time under section 16 and that clearly indicates whether the driver is operating under day one or day two of that time.

(2) The driver shall set out, in accordance with Schedule 2, the hours in each duty status during the day covered by the daily log as that information becomes known.

(3) At the end of each day, the driver shall record the total distance driven by the driver that day and sign the daily log attesting to its accuracy.

Use of Electronic Recording Devices

83. A driver may use an electronic recording device for recording duty status if

(a) when requested to do so by a director or an inspector, the driver can immediately provide the information for the previous 14 days by producing it on a digital display screen of the electronic recording device or in handwritten form or on a print-out or any other intelligible output, or any combination of these;
(b) the device is capable of displaying
(i) the driving time and other on-duty time, for each day on which the device is used,
(ii) the total on-duty time remaining and the total on-duty time accumulated in the cycle being followed by the driver, and
(iii) the sequential changes in duty status and the time when each change occurred, for each day on which the device is used;
(c) the driver is capable of preparing a handwritten daily log from the information stored in the device for each day on which the device is used;
(d) the device automatically records when it is disconnected and reconnected and keeps a record of the time and date of these occurrences;
(e) the device records each duty status of the driver;
(f) any hard copy of the daily log that is generated from the information that is stored in the device is signed on each page by the driver attesting to its accuracy; and
(g) the motor carrier provides blank daily log forms in the commercial vehicle for the driver's use.

Possession of Daily Logs and Supporting Documents by Drivers

84. No driver who is required to fill out a daily log shall drive unless the driver has in the driver's possession

(a) a copy of the daily logs for the preceding 14 days;
(b) the daily log for the current day, completed up to the time at which the last change in the driver's duty status occurred; and
(c) any supporting documents that the driver received in the course of the current trip.

Distribution and Keeping of Daily Logs

85. (1) A driver shall, within 20 days after completing a daily log, forward the original daily log and supporting documents to the home terminal.

(2) A driver who is employed or otherwise engaged by more than one motor carrier in any day shall, within 20 days after completing a daily log, forward

(a) the original of the daily log to the home terminal of the first motor carrier for whom the driver worked and a copy to the home terminal of each other carrier for whom the driver worked; and
(b) the original supporting documents to the home terminal of the applicable motor carrier.

(3) The motor carrier shall

(a) deposit the daily logs and supporting documents at its principal place of business within 30 days after receiving them; and
(b) keep the daily logs and supporting documents in chronological order for each driver for a period of at least one year.

Tampering

86. (1) No driver shall keep more than one daily log in respect of any day.

(2) No driver shall enter inaccurate information into a daily log, whether it is handwritten or produced using an electronic recording device, or falsify, mutilate or deface a daily log or supporting documents.

Monitoring by Motor Carriers

87. (1) A motor carrier shall monitor the compliance of each driver with these Regulations.

(2) A motor carrier that determines that there has been non-compliance with these Regulations shall take immediate remedial action and document the action taken.

[88 to 90 reserved]

OUT-OF-SERVICE DECLARATIONS

91. (1) A director or an inspector may issue an out-of-service declaration in respect of a driver if

(a) the driver contravenes paragraph 3(a) or (b);
(b) the driver fails to comply with any of the driving or off-duty time requirements of sections 12 to 29, sections 38 to 54 or a permit;
(c) the driver is unable or refuses to produce the daily log book;
(d) there is evidence that shows that the driver has completed more than one daily log, has entered inaccurate information in the daily log or has falsified information in the daily log; or
(e) the driver has mutilated or defaced the daily log or a supporting document in such a way that the director or inspector cannot determine whether the driver has complied with the driving and off-duty time requirements of sections 12 to 29, sections 38 to 54 or a permit.

(2) The director or inspector shall notify the driver and the motor carrier in writing, setting out the reason why the driver has been made the subject of an out-of-service declaration and the period in which it applies.

(3) An out-of-service declaration applies

(a) for 10 consecutive hours, if the driver contravenes the requirements of paragraph 3(a) or (b);
(b) for 10 consecutive hours, if the driver contravenes the requirements of section 12 or 38;
(c) for the number of hours needed to correct the failure, if the driver fails to respect the off-duty requirements of any of sections 12 to 29 or 38 to 54; and
(d) for 72 consecutive hours, if the driver contravenes the requirements of section 86 or 98.

(4) A driver who contravenes the requirements of section 86 or 98 shall rectify the daily log, if applicable, and provide it to the director or inspector so that the director or inspector is able to determine whether the driver has complied with the requirements of these Regulations, and the out-of-service declaration continues to apply beyond the 72 hours until the driver does so.

[92 to 95 reserved]

INSPECTIONS

Proof of Authority

96. An inspector shall, at all times during the exercise of their functions, produce on request proof of their designation, title and qualifications.

Authority to Enter Premises

97. (1) An inspector may, during business hours, enter a motor carrier's home terminal or principal place of business, other than living quarters, for the purpose of inspecting the daily logs and supporting documents.

(2) An inspector may at any time stop and enter a commercial vehicle, except for its sleeper berth, for the purpose of inspecting the daily logs and supporting documents.

(3) No person shall obstruct or hinder, or knowingly make any false or misleading statements either orally or in writing to, an inspector engaged in carrying out duties and functions under these Regulations.

Production of Daily Logs and Supporting Documents

98. (1) At the request of an inspector, a driver shall immediately produce for inspection daily logs and supporting documents for the current day and the preceding 14 days.

(2) If an electronic recording device is installed in the commercial vehicle, the driver shall retrieve the information stored by the device for each day that it was used.

(3) The driver shall, at the request of an inspector, immediately give the inspector a copy of the daily logs and supporting documents for the preceding 14 days or, if it is not possible in the circumstances to make copies, the originals.

99. (1) A motor carrier shall, during business hours, at the request of an inspector, immediately make available for inspection at a place specified by the inspector the daily logs, the supporting documents and the records referred to in paragraph 81(2)(c).

(2) The inspector shall

(a) immediately provide a receipt in the form set out in Schedule 3; and
(b) return the daily logs, the supporting documents and the records referred to in paragraph 81(2)(c) within 14 days after receiving them.

REPEAL

100. The Commercial Vehicle Drivers Hours of Service Regulations, 1994 (see footnote 1)  are repealed.

COMING INTO FORCE

101. These Regulations come into force on the day on which they are registered.

SCHEDULE 1
(Subsection 1(1))

SLEEPER BERTHS

1. An area of a commercial vehicle is a sleeper berth if

(a) it is designed to be used as sleeping accommodation;
(b) it is located in the cab of the commercial vehicle or immediately adjacent to the cab and is securely fixed to it;
(c) it is not located in or on a semi-trailer or a full trailer;
(d) where it is located in the cargo space, it is securely compartmentalized from the remainder of the cargo space;
(e) in the case of a bus,
(i) it is located at the rear of the bus in the passenger compartment,
(ii) it is at least 1.9 m in length, 60 cm in width and 60 cm in height,
(iii) it is separated from the passenger area by a solid physical barrier that is equipped with a door that can be locked,
(iv) it provides privacy for the occupant, and
(v) it is equipped with a means to significantly limit the amount of light entering the area;
(f) in the case of a motor vehicle that is not a bus, it is rectangular in shape with at least the following dimensions:
(i) 1.9 m in length, measured on the centre line of the longitudinal axis,
(ii) 60 cm in width, measured on the centre line of the transverse axis, and
(iii) 60 cm in height, measured from the sleeping mattress to the highest point of the area;
(g) it is constructed so that there are no impediments to ready entrance to or exit from the area;
(h) there is a direct and readily accessible means of passing from it into the driver's seat or compartment;
(i) it is protected against leaks or overheating from the vehicle's exhaust system;
(j) it is equipped to provide adequate heating, cooling and ventilation;
(k) it is reasonably sealed against dust and rain;
(l) it is equipped with a mattress that is at least 10 cm thick and adequate sheets and blankets so that the occupant can get restful sleep; and
(m) it is equipped with a means of preventing ejection of the occupant during deceleration of the commercial vehicle, the means being designed, installed and maintained to withstand a total force of 2 700 kg applied toward the front of the vehicle and parallel to the longitudinal axis of the vehicle.

SCHEDULE 2
(Subsection 82(2))

INSTRUCTIONS

Fill out the grid as follows:

(a) for each duty status,
(i) mark the beginning time and the end time, and
(ii) draw a continuous line between the time markers;
(b) record the name of the municipality or give the location on a highway or in a legal sub-division and the name of the province or state where a change in duty status occurs;
(c) if the driver is engaged in making deliveries in a municipality that result in a number of periods of driving time being interrupted by a number of short periods of other on-duty time, the periods of driving time may be combined and the periods of other on-duty time may be combined; and
(d) enter on the right of the grid the total number of hours of each period of duty status, which total must equal 24 hours.

SCHEDULE 3
(Paragraph 99(2)(a)) 

RECEIPT

[7-1-o]

Regulations Amending the Canadian Aviation Regulations (Part VI)

Statutory Authority

Aeronautics Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

Description

These proposed Regulations Amending the Canadian Aviation Regulations (Part VI — General Operating and Flight Rules) include changes to section 605.33 (Flight Data Recorder and Cockpit Voice Recorder Requirements) and the associated standard. Upon introduction of the Canadian Aviation Regulations (CARs) in October 1996, section 605.33 expanded the requirements for Flight Data Recorders (FDRs) and Cockpit Voice Recorders (CVRs) which had been in force under pre-CARs regulations. Because of the increased coverage, this regulation was promulgated with a delayed implementation date. For certain aircraft operated under Part VII (Commercial Air Services), the implementation date for the requirements of section 605.33 did not occur until February 28, 1997. For other aircraft affected by this requirement but not operated in a commercial service, the implementation date was July 31, 1997. Because of the delays in implementation and of the different implementation dates for different operations, the wording of section 605.33 was such as to ensure that, until the implementation dates had passed, there was no regulatory gap and that regulations which pre-dated the CARs continued to apply to the relevant aircraft. The complexity needed to ensure that pre-CARs regulations were in effect until the delayed implementation dates and, after those dates, the new regulations applied to the intended aircraft created sufficient ambiguity to make interpretation of this regulation difficult. The implementation dates have now passed and the proposed amendment is intended to clarify the application of this regulation.

Alternatives

Since this is a proposed amendment to an existing regulation, no alternatives to regulatory action are available to simplify and clarify the wording of section 605.33.

Benefits and Costs

The proposed changes in section 605.33 and its associated standard will neither extend requirements to carry an FDR and a CVR to any Canadian aircraft which is currently exempt from such requirements, nor will they exclude from these requirements any Canadian aircraft which is, at present, required to carry this equipment. They will improve the industry's ability to comply with these regulations by removing the complexities in the current regulation. Their benefit-cost impact will be essentially neutral.

Consultation

These proposed amendments were prepublished in the Canada Gazette, Part I, on September 23, 2000. Delays in processing have caused the postponement of their presentation for final publication in the Canada Gazette, Part II, beyond the 18-month deadline. Therefore, they are being prepublished again. One comment, from a Departmental source, was received after initial prepublication. The necessary change to the reference to Standard 625, Aircraft Equipment and Maintenance, has been made. No other changes to the proposed amendments have been made since the first prepublication.

The members of the General Operating and Flight Rules (GO&FR;) and of the Commercial Air Service Operations (CASO) technical committees were consulted with respect to these proposed amendments to the regulations. The actively participating members of these two technical committees include the Advisory Committee on Accessible Transportation, the Aerospace Industries Association of Canada, Air B.C., Air Canada, Air Canada Pilots Association, Air Line Pilots Association, Air Operations Group Association, Air Transport Association of Canada, Association québécoise des transporteurs aériens inc., Canadian Air Line Dispatchers' Association, Canadian Airlines International Ltd., Canadian Association of Professional Radio Operators, Canadian Auto Workers, Canadian Balloon Association, Canadian Business Aircraft Association, Canadian Labour Congress, Canadian Owners and Pilots Association, Canadian Union of Public Employees, Canadian Air Traffic Controllers Association, Experimental Aircraft Association - Canadian Council, Hang Gliding and Paragliding Association of Canada, Helicopter Association of Canada, International Council of Air Shows, Parks Canada, Recreational Aircraft Association of Canada, Soaring Association of Canada, and Teamsters Canada. The members of the CASO technical committee recommended the implementation of these proposed amendments at a meeting in June 1997, and the members of the GO&FR; technical committee recommended their implementation at a meeting in October 1997.

The proposed amendments were presented at the Civil Aviation Regulatory Committee (CARC), which is composed of senior managers in the Civil Aviation Directorate of the Department of Transport, on April 4, 1997, and were approved by the members of CARC.

Compliance and Enforcement

These regulations will generally be enforced through the assessment of monetary penalties imposed under sections 7.6 to 8.2 of the Aeronautics Act, through suspension or cancellation of a Canadian aviation document or through judicial action introduced by way of summary conviction as per section 7.3 of the Aeronautics Act.

Contact

Chief, Regulatory Affairs, AARBH, Transport Canada, Safety and Security, Place de Ville, Tower C, Ottawa, Ontario K1A 0N8; general inquiries: (613) 993-7284 or 1-800-305-2059 (Telephone); (613) 990-1198 (Facsimile); www.tc.gc.ca (Internet address).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 4.9 (see footnote b)  of the Aeronautics Act, proposes to make the annexed Regulations Amending the Canadian Aviation Regulations (Part VI).

Interested persons may make representation with respect to the proposed Regulations to the Minister of transport within 30 days after the date of publication of this notice. All such representations should cite the Canada Gazette, Part I, and the date of publication of this notice. Each representation must be in writing and be sent to the Chief, Regulatory Affairs (AARBH), Civil Aviation, Safety and Security Group, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N8. (General inquiries - tel.: (613) 993-7284 or 1-800-305-2059; fax: (613) 990-1198; Internet address: http://www.tc.gc.ca).

Each representation should stipulate those parts of it that should not be disclosed pursuant to the Access to Information Act and, in particular, pursuant to sections 19 and 20 of that Act, the reason why those parts should not be disclosed and the period during which they should remain undisclosed. The representation should also stipulate those parts of it for which there is no objection to disclosure pursuant to the Access to Information Act.

Ottawa, February 13, 2002

EILEEN BOYD

Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE CANADIAN AVIATION REGULATIONS (PART VI)

AMENDMENT

1. Section 605.33 of the Canadian Aviation Regulations and the heading before it are replaced by the following:

Flight Data Recorder and Cockpit Voice Recorder

605.33 (1) Subject to section 605.34, no person shall conduct a take-off in any of the following multi-engined turbine-powered aircraft unless the aircraft is equipped with a flight data recorder that conforms to section 551.100 of Chapter 551 of the Airworthiness Manual and section 625.33 of Standard 625 — Aircraft Equipment and Maintenance of the General Operating and Flight Rules Standards:

(a) an aircraft in respect of which a type certificate has been issued authorizing the transport of 30 or fewer passengers, configured for 10 or more passenger seats and manufactured after October 11, 1991;
(b) an aeroplane in respect of which a type certificate has been issued authorizing the transport of 30 or fewer passengers and configured for 20 to 30 passenger seats;
(c) an aircraft in respect of which a type certificate has been issued authorizing the transport of more than 30 passengers; and
(d) an aircraft in respect of which a type certificate has been issued authorizing the transport of cargo only and operated under Subpart 5 of Part VII.

(2) Subject to section 605.34, no person shall conduct a take-off in a multi-engined turbine-powered aircraft that is configured for six or more passenger seats and for which two pilots are required by the aircraft type certificate or by the subpart under which the aircraft is operated, unless the aircraft is equipped with a cockpit voice recorder that conforms to section 551.101 of Chapter 551 of the Airworthiness Manual and section 625.33 of Standard 625 — Aircraft Equipment and Maintenance of the General Operating and Flight Rules Standards.

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

[7-1-o]

Footnote a 

R.S., c. 29 (3rd Supp.)

Footnote 1 

SOR/94-716

Footnote b 

S.C. 1992, c. 4, s. 7

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.

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