OOSC, Part I, Item 10. Driver's Record of Duty Status - Canada, h. No Daily Log and Footnote 2

With the recent changes to the Canadian Federal Hours of Service Regulation. A few of the OOSC conditions in Part I - Section 10 need to be updated. Specifically dealing with the OOS condition for production of daily logs (Section 10 (h) OOSC). Previously the Federal regulations, allowed officers/inspectors to place a driver out of service for 72 hours. With the recent updates to the regulation this is no longer the case. Section 91(3)(e) now sates: “(e) In any other case, for the number of hours needed to correct the failure, if the driver fails to comply with the off-duty time requirements of any sections 14 to 29, 40 to 54 or 98 or of a term or condition of a permit.” Section 98 of the Federal Hours of Service Regulations is the production of daily log requirements. Thus there needs to be an up date within the out of service criteria.

With the recent changes to legislation, there is no Federal regulation provision that automatically provides an officer/inspector the ability to place a driver out of service for 72 hours for failing to produce daily log.

Region V – would like to see the Section 10(h) and Footnote 2 to be amended as follows: H. NO DAILY LOG (See Footnote 2) The driver is unable or refuses to produce a daily log for the current trip, a copy of the daily logs for the previous fourteen (14) consecutive days or any supporting documents relevant to the current trip. Declare the driver out of service for the number of hours needed to have the driver provide a compliant daily log. Footnote 2 – A driver failing only to have possession of a daily log current on the day of examination will be given the opportunity to make the daily log current.