Drivers Hours of Service Regulation

Drivers Hours of Service Regulation, M.R. 72/2007 The Highway Traffic Act , C.C.S.M. c. H60 Regulation 72/2007 Registered April 24, 2007 bilingual version (HTML) Adoption of SOR/2005-313 1(1) Except as provided in subsection (2) and in the Schedule, the Commercial Vehicle Drivers Hours of Service Regulations , SOR/2005-313, made under the Motor Vehicle Transport Act (Canada), as amended from time to time, are adopted and form part of this regulation. 1(2) The following provisions of the Commercial Vehicle Drivers Hours of Service Regulations are not adopted and do not form part of this regulation: (a) the definitions "driver", "emergency vehicle", "federal director" and "motor carrier" in section 1; (b) sections 3, 37 to 61 and 65; (c) subsection 76(3). 1(3) Subject to subsection (2) and the Schedule, (a) a motor carrier must, in respect of commercial vehicles operated by the motor carrier and drivers employed or otherwise engaged by the motor carrier to drive commercial vehicles, comply with the requirements of the regulations adopted under subsection (1); and (b) a driver must, in respect of driving a motor carrier's commercial vehicle, comply with the requirements of the regulations adopted under subsection (1). M.R. 89/2015 ; 42/2021 Application to regulated vehicles 1.1(1) In this regulation, "operate" , in relation to a regulated vehicle, has the same meaning as in Part VIII of The Highway Traffic Act . 1.1(2) Subject to subsection (3), this regulation applies to regulated vehicles and to persons who operate or drive them. 1.1(3) This regulation does not apply to the following regulated vehicles: (a) a vehicle that is used solely for personal transportation; (a.1) a limited-use regulated vehicle that has a registered gross weight less than 6,800 kg and is not operated outside Manitoba; (b) a farm truck that is registered in the farm trucks registration category within the meaning of the Vehicle Registration Regulation , Manitoba Regulation 57/2006; (c) a municipal transit bus; (d) a bus that is not a school bus and not used to transport passengers for compensation; (e) [repealed] M.R. 51/2018 ; (f) an emergency vehicle; (g) a hearse that is used in the course of providing funeral services in accordance with The Funeral Directors and Embalmers Act ; (h) a Manitoba Hydro utility repair vehicle while responding to (i) an electric power or natural gas service outage, or (ii) a problem relating to electric power or natural gas infrastructure, that constitutes a danger to persons or property. 1.1(4) While a Manitoba Hydro utility repair vehicle is responding to (a) an electric power or natural gas service outage; or (b) a problem relating to electric power or natural gas infrastructure; that constitutes a danger to persons or property, subsection 318.3(1) of the Act does not apply in respect of the vehicle. 1.1(5) and (6) [Repealed] M.R. 20/2019 M.R. 89/2015 ; 187/2015 ; 51/2018 ; 20/2019 Repeal 2 The Drivers Hours of Service Regulation , Manitoba Regulation 193/89, is repealed. Coming into force 3 This regulation comes into force on June 1, 2007, or on the day it is registered under The Regulations Act , whichever is later. SCHEDULE (Section 1) Amendments to the Commercial Vehicle Drivers Hours of Service Regulations , SOR/2005-313 1(1) Section 1 is amended (a) by renumbering it as subsection 1(1); (b) by replacing the definitions "commercial vehicle", "driver", "director" and "inspector" with the following: "commercial vehicle" means (a) a regulated vehicle, other than a bus, that is not used solely for personal transportation; (b) a bus used to transport passengers for compensation. (« véhicule utilitaire ») "director" means the director appointed under Part 3 of The Public Service Act for the purposes of this regulation. (« directeur ») "driver" (a) means a person who drives a commercial vehicle; (b) means, in respect of a motor carrier, a person employed or otherwise engaged by the motor carrier to drive a commercial vehicle, including a self-employed driver; and (c) for the purposes of section 98, includes a co-driver. (« conducteur ») "inspector" means (a) an inspector appointed under subsection 323(1.1) of The Highway Traffic Act ; and (b) a member of the Royal Canadian Mounted Police or another police force or police service in Manitoba. (c) by adding the following definitions: "Act" means The Highway Traffic Act , C.C.S.M. c. H60. («  Code  ») "bus" has the same meaning as in the Act. (« autobus ») "motor carrier" means the operator of a commercial vehicle. (« transporteur routier ») "regulated vehicle" has the same meaning as in the Act. (« véhicule réglementé ») "traffic authority" has the same meaning as in the Act. (« autorité chargée de la circulation ») 1(2) The following is added after subsection 1(1): (2) Every reference to a driver in this regulation includes a reference to every person who, although not actually driving a commercial vehicle at a particular time, (a) holds a licence authorizing the person to drive the commercial vehicle; and (b) is present in the commercial vehicle for the purpose of driving it. M.R. 89/2015 ; 20/2019 ; 115/2025 2 Subsection 2(1) is amended by striking out " and " at the end of paragraph (b) and replacing paragraph (c) with the following: (c) a commercial vehicle transporting goods or passengers for the purpose of providing relief in the case of an earthquake, flood, fire, famine, drought, epidemic or other disaster; and (c.1) a commercial vehicle when it is driven, on behalf of a traffic authority or by a traffic authority's employee, to clear snow or remove ice from a highway under the traffic authority's jurisdiction or to sand such a highway. M.R. 187/2015 ; 42/2021 3 Section 62 is replaced with the following: 62.   With or without conditions, the director may issue a permit to a motor carrier to allow the motor carrier to operate a commercial vehicle in a manner that does not comply with this regulation. This section does not apply in respect of an oil well service vehicle. 4(1) The part of subsection 63(1) before paragraph (a) is amended by striking out " A provincial director " and substituting " The director ". 4(2) The part of subsection 63(2) before paragraph (a) is amended by striking out " and 49 to 54 ". 4(3) Subsection 63(3) is amended by striking out " or 49 to 54 ". 5 Section 68 is replaced with the following: 68. The director may, on written notification to a motor carrier, amend, cancel or suspend a permit issued 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 are likely to be jeopardized. 5.1 Subsection 77(1) is amended by striking out " or " at the end of paragraph (c), adding " or " at the end of paragraph (d) and adding the following after paragraph (d): (e) a school bus. M.R. 42/2021 5.2 Paragraph 81(1)⁠(a) is amended by striking out " set out in paragraphs 77(1)⁠(a) to (d) " and substituting " set out in paragraphs 77(1)⁠(a) to (e) ". M.R. 42/2021 6 Paragraph 81(2)⁠(c) is replaced with the following: (c) the motor carrier makes an accurate time record showing the driver's daily hours of on-duty time, including the time each work shift starts and ends, and maintains the record at its chief place of business in Manitoba for a period of six months after the day on which the record is made; and M.R. 187/2015 7(1) Paragraphs 91(1)⁠(b) and (e) are amended by striking out " and 39 to 54 ". 7(2) Subsection 91(3) is amended (a) in paragraph (c), by striking out " sections 13 or 39 " and substituting " section 13 "; and (b) in paragraph (e), by striking out " , 39 to 54 ". M.R. 42/2021