Current status: CLOSED
November 8, 2022 and will be closed on December 8, 2022
We want your views on adding new contraventions (violations) to the Commercial Vehicle Drivers Hours of Service Regulations.
Our proposal
Transport Canada wants to inform you about a new tool we’re proposing to use to help with oversight and enforcement of Canada’s commercial motor vehicle safety framework. We are proposing that enforcement officers can issue tickets to violators of the Commercial Vehicle Drivers Hours of Service Regulations. To do this, we want to label certain provisions of the Commercial Vehicle Drivers Hours of Service Regulations as “contraventions”. A “contravention” happens when someone violates a regulation.
These regulations set the number of hours commercial vehicle drivers can complete in a shift, along with other relevant provisions. They apply to both commercial vehicle drivers and carriers. We want to add certain provisions of the Commercial Vehicle Drivers Hours of Service Regulations to the Contraventions Regulations, along with their respective fines. This will also entail adding the Motor Vehicle Transport Act as a new Schedule to the Contraventions Regulations.
Allowing enforcement officers to issue tickets to violators will help enforce the Commercial Vehicle Drivers Hours of Service Regulations. If an offender receives a ticket, they will be able to plead guilty and pay the fine without needing to appear in court. This will help ease pressures on our courts and make our systems more efficient and cost-effective. Tickets are also a more efficient tool for enforcement officers since they allow officers to focus on other critical duties.
Proposed fines
We’re proposing that the fines vary based on the severity of the offence. We are proposing three levels of severity:
- Minor contraventions: administrative and minor recordkeeping contraventions
- Moderate contraventions: on-duty/drive limitations, off-duty requirements; more serious recordkeeping contraventions that increase risk; contraventions that hamper compliance monitoring by the motor carrier or effective enforcement
- Severe contraventions: tampering, falsification or obstruction contraventions; most serious recordkeeping contraventions that prevent effective enforcement; and most serious on-duty/drive limitations and rest requirement contraventions
Although the provisions apply to both individuals and motor carriers, we are proposing that fines are double for motor carriers compared to individuals. If an individual is both a driver and a motor carrier, they could be subject to pay the applicable fine as driver and the applicable fine as motor carrier.
The tables below show the range of fines for each type of recipient and severity level.
| Minor contravention | ||
|---|---|---|
| Fine receiver | Cost of the fine | Provision within the Commercial Vehicle Drivers Hours of Service Regulations |
| Driver | Up to $300 | 78(3), 78(4), 82(4), 84(c) |
| Motor carrier | Up to $600 | 77(4), 77(7), 78(6), 78(7), 84(c), 85(3)(b), 87(1), 87(2) |
| Moderate contravention | ||
|---|---|---|
| Fine receiver | Cost of the fine | Provision within the Commercial Vehicle Drivers Hours of Service Regulations |
| Driver | Up to $500 | 12(1), 12(2), 14(1), 24, 25, 26, 27(a), 27(b), 29(1), 39(1), 39(2), 49, 50, 51, 52, 54(1), 77(2), 77(5), 77(8), 78(2), 78.2, 78.3(2), 81(1), 82(1), 82(2), 82(6), 84(b), 85(1), 85(2) |
| Motor carrier | Up to $1,000 | 12(1), 12(2), 14(1), 24, 25, 26, 27(a), 27(b), 29(1), 39(1), 39(2), 49, 50, 51, 52, 54(1), 77(1), 77(2), 77(8), 78(1), 78(5), 78.1(a), 78.1(b), 78.3(1), 81(1), 82(1), 82(2), 82(6), 84(b), 85(1), 85(2), 85(3)(a) |
| Severe contravention | ||
|---|---|---|
| Fine receiver | Cost of the fine | Provision within the Commercial Vehicle Drivers Hours of Service Regulations |
| Driver | Up to $1,000 | 4(b), 4(c), 4(d), 13(1), 13(2), 13(3), 77(6), 84(a), 86(1), 86(2), 86(3), 97.1, 98(1), 98(2), 98(3) |
| Motor carrier | Up to $2,000 | 4(b), 4(c), 4(d), 13(1), 13(2), 13(3), 77(6), 84(a), 86(1), 86(2), 86(3), 99(1), 99(2) |
Join in: How to participate
- To read our consultation document and submit comments and questions, register at Let’s Talk Transportation. You can also upload a document through the submission tab on Let’s talk: Improving how we enforce commercial vehicle safety.
- Send us your comments via email to mvs-sa@tc.gc.ca and include “HOS Fines” in the subject line
Who’s the focus of this consultation?
We’re interested in hearing from:
- industry, especially motor carriers
- the Canadian public
Key questions for discussion
- What do you think about our proposal and fines?
- Do you think the changes we’re proposing to the Contraventions Regulations would help advance commercial vehicle safety in Canada?
- How do you think our proposal to the Contraventions Regulations will affect Canadians, commercial vehicle drivers, and motor carriers?
Contact us
Transport Canada
Tower C, Place de Ville
330 Sparks St.
Ottawa ON K1A 0N5
Email: mvs-sa@tc.gc.ca