Regulation - LGIC
Proposed Amendments to Ontario Regulation 555/06 (Hours of Service)
Regulation Number(s):
O. Reg 555/06
Instrument Type:
Regulation - LGIC
Bill or Act:
Highway Traffic Act
Summary of Proposal:
MTO is proposing amendments to Ontario Regulation 555/06 under the HTA, which requires drivers of commercial motor vehicles to use ELDs as the method for maintaining a Record of Duty Status in Ontario.
The proposed amendments would exempt drivers and operators of commercial motor vehicles used by a business that sells, leases or transport RV trailers from provincial ELD requirements and permit them to maintain a Record of Duty Status in an alternate format to an ELD.
The amendments would align Ontario with an exemption that has been extended to these same drivers and operators under federal Commercial Vehicle Drivers Hours of Service Regulations.
The proposed amendments would exempt drivers and operators of commercial motor vehicles used by a business that sells, leases or transport RV trailers from provincial ELD requirements and permit them to maintain a Record of Duty Status in an alternate format to an ELD.
The amendments would align Ontario with an exemption that has been extended to these same drivers and operators under federal Commercial Vehicle Drivers Hours of Service Regulations.
Analysis of Regulatory Impact:
On June 12, 2022, amendments to Ontario Regulation 555/06 (Hours of Service) came into force to require drivers of commercial motor vehicles to use ELDs as the method for maintaining a Record of Duty Status in Ontario. This aligned Ontario with requirements specified under federal Commercial Vehicle Drivers Hours of Service Regulations applicable to drivers that cross provincial, territorial, or international borders.
An ELD is a tamper-resistant technology that synchronizes with the engine of a commercial motor vehicle to automatically record driving time and other information. While there are many safety and operational benefits to using ELDs, some regulated entities in the business of transporting RVs and RV trailers between manufacturers, dealerships and purchasers have raised concerns about the cost and general impact of this technology on their industry. This includes concerns raised by commercial operators in the U.S. that are exempt from using ELDs when operating in the U.S., and potential supply chain impacts for the import of RVs and RV trailers into Canada if similar flexibility is not provided.
On December 22, 2022, Transport Canada issued an exemption to permit drivers engaged in 'drive-away operations' within the RV sector to maintain a Record of Duty Status in an alternate format to an ELD under federal Commercial Vehicle Drivers Hours of Service Regulations. A 'drive-away operation' refers to where the commodity being delivered is the power unit (e.g., a motor home driven between a manufacturer and a dealership or purchaser). This exemption did not impact Ontario as drivers engaged in these same operations were already exempt from using ELDs in Ontario.
On October 19, 2023, Transport Canada issued revisions to the above-referenced exemption to allow drivers engaged in 'tow-away operations' in the RV sector to maintain a Record of Duty Status in an alternate format to an ELD under Federal Commercial Vehicle Drivers Hours of Service Regulations. A 'tow-away operation' refers to where a commercial motor vehicle is used to transport an RV trailer (e.g., a pick-up truck hauling an RV trailer between a manufacturer and a dealership or purchaser). Drivers engaged in these same operations are not exempt in Ontario and as a result, the ministry proposes to exempt commercial motor vehicles engaged in RV tow-away operations from being required to use ELDs and to permit them to maintain a RODS in an alternate format.
The proposed amendments are expected to benefit regulated entities in the business of selling, leasing, or transporting RV trailers that have raised concern for the cost and general impact of this technology on their industry.
The regulatory amendment will not result in any new costs to regulated entities.
An ELD is a tamper-resistant technology that synchronizes with the engine of a commercial motor vehicle to automatically record driving time and other information. While there are many safety and operational benefits to using ELDs, some regulated entities in the business of transporting RVs and RV trailers between manufacturers, dealerships and purchasers have raised concerns about the cost and general impact of this technology on their industry. This includes concerns raised by commercial operators in the U.S. that are exempt from using ELDs when operating in the U.S., and potential supply chain impacts for the import of RVs and RV trailers into Canada if similar flexibility is not provided.
On December 22, 2022, Transport Canada issued an exemption to permit drivers engaged in 'drive-away operations' within the RV sector to maintain a Record of Duty Status in an alternate format to an ELD under federal Commercial Vehicle Drivers Hours of Service Regulations. A 'drive-away operation' refers to where the commodity being delivered is the power unit (e.g., a motor home driven between a manufacturer and a dealership or purchaser). This exemption did not impact Ontario as drivers engaged in these same operations were already exempt from using ELDs in Ontario.
On October 19, 2023, Transport Canada issued revisions to the above-referenced exemption to allow drivers engaged in 'tow-away operations' in the RV sector to maintain a Record of Duty Status in an alternate format to an ELD under Federal Commercial Vehicle Drivers Hours of Service Regulations. A 'tow-away operation' refers to where a commercial motor vehicle is used to transport an RV trailer (e.g., a pick-up truck hauling an RV trailer between a manufacturer and a dealership or purchaser). Drivers engaged in these same operations are not exempt in Ontario and as a result, the ministry proposes to exempt commercial motor vehicles engaged in RV tow-away operations from being required to use ELDs and to permit them to maintain a RODS in an alternate format.
The proposed amendments are expected to benefit regulated entities in the business of selling, leasing, or transporting RV trailers that have raised concern for the cost and general impact of this technology on their industry.
The regulatory amendment will not result in any new costs to regulated entities.
Further Information:
Proposal Number:
24-MTO005
Posting Date:
February 27, 2024
Comments Due Date:
April 12, 2024
Contact Address:
301 St. Paul St, St. Catharines Ontario, L2R 7R4