Exemption to allow substitution of an alternative document in lieu of the daily log, as defined in the Commercial Vehicle Drivers Hours of Service Regulations

From: Transport Canada

Tracking Number – ASF-E-2011-03

Pursuant to section 16 of the Motor Vehicle Transport Act, after consulting with the affected provinces and being of the opinion that the exemption is in the public interest and is not likely to affect motor carrier safety, I hereby exempt extra-provincial undertakings (federal motor carriers) and their commercial vehicle drivers who are engaged in the operation of service rigs under the provisions of an Oil Well Service Vehicle Permit, from s.81 (1) of the Commercial Vehicle Drivers Hours of Service Regulations (the Regulations), subject to the terms and conditions set out below.

Purpose

The purpose of this exemption is to allow eligible motor carriers and their drivers to avoid the duplication of having to complete both a daily log and other industry documents, thereby making use of existing documentation to meet regulatory requirements.

Application

This exemption applies to extra-provincial undertakings (federal motor carriers) and their commercial vehicle drivers, who are employed or otherwise engaged in the operation of service rigs under the provisions of a valid Oil Well Service Vehicle Permit within, between and through the provinces of British Columbia, Alberta, Saskatchewan and Manitoba.

Definitions

For the purposes of this exemption,

“tour sheet” means a document, either in paper or electronic form that is utilized in the oil and gas industry by a service rig manager to document each worker’s daily travel and on-duty working hours on a service rig or time spent commuting to and from the rig for every worker on the crew. The information captured on the tour sheet includes the names of the drivers, regular operating hours, overtime hours, travel-time to and from the well site and total kilometres travelled for each day and serves as the source for both calculating worker pay and contractor billing purposes.

“trip inspection report” means a report that documents the results of the daily inspection of a commercial motor vehicle in accordance with Schedule 1, 2 or 3 of National Safety Code Standard No. 13 – Trip Inspections. The trip inspection report contains commercial vehicle information such as the licence plate number, unit number and odometer or hub meter reading (if the commercial vehicle is equipped) which when viewed in conjunction with a tour sheet, includes all the information content required for a daily log.

“service rig” means a mobile service carrier composed of a derrick and draw-works capable of pulling and running jointed tubular and conventional/continuous sucker rods, as well as attendant support vehicles required directly for the operation of the rig, such as pump trucks, winch trucks, portable doghouse and vehicles transporting service rig personnel including the service rig manager.

Conditions

This exemption is subject to the following conditions:

  1. Any requirement in the Regulations for “daily logs” applies to the tour sheet and the trip inspection report, with any modifications necessary to give effect to that requirement.
     
  2. Prior to commencement of operations under this exemption, the extra-provincial truck undertaking shall:
     
    1. notify in writing the provincial hours of service director of the base jurisdiction of its intention to operate under this exemption;
       
    2. provide to the provincial hours of service director of the base jurisdiction a list that will contain the following information:
       
      1. the commercial vehicles that are to be operated;
         
      2. the licence plate numbers of those vehicles and the province of issuance;
         
      3. the names of drivers who will operate the commercial vehicles; and
         
      4. the drivers’ driving licence numbers and province of issuance;
         
    3. keep the director informed of any changes to the list referred in paragraph 2(b) so that the director may accurately and quickly identify the commercial vehicles or the drivers;
       
    4. require that a copy of the exemption and any letter received from the provincial hours of service director of the base jurisdiction acknowledging the intention to operate under the exemption is placed in the commercial vehicles that are to be operated in accordance with the conditions of this exemption.
       
  3. While operating under this exemption, the extra-provincial truck undertaking shall:
     
    1. concurrently be operating under the provisions of an Oil Well Service Vehicle Permit that is valid for every jurisdiction where operations are taking place;
       
    2. hold a valid safety fitness certificate that has been assigned a Satisfactory or Satisfactory Un-audited Safety Rating by the base jurisdiction pursuant to the Motor Vehicle Transport Act and the Motor Carrier Safety Fitness Certificate Regulations;
       
    3. monitor all drivers of commercial vehicles operating under the conditions of this exemption to ensure compliance with its requirements and where non-compliance is observed, ensure that immediate remedial actions are taken and documented, retain such documentation and immediately make it available at the request of an inspector or provincial hours of service director;
       
    4. keep at their principal place of business or other location deemed acceptable by the provincial hours of service director, a copy of the exemption and any letter received from the provincial hours of service director of the base jurisdiction acknowledging the intention to operate under the exemption, as well as other supporting documents or data that demonstrate compliance with the Regulations, the Oil Well Service Vehicle Permit and the conditions of this exemption and shall at the request of an inspector or provincial hours of service director, immediately make available for inspection such documentation or data;
       
    5. require and ensure that the service rig manager fill out a tour sheet and a trip inspection report each day that accounts for the commercial driver’s on-duty time and off-duty time for that day;
       
    6. require and ensure that the service rig manager sign his or her name to the tour sheet at the end of the day attesting to the accuracy of the information contained therein;
       
    7. ensure that any National Safety Code Standard No. 15 - Facility Audit conducted with respect to their operations includes an audit of the tour sheets, trip inspection reports and supporting documents for compliance with the Regulations and the terms and conditions of the exemption and the Oil Well Service Vehicle Permit;
       
    8. notify the provincial hours of service director in the base jurisdiction, without delay, of any collision, involving any of the trucks or drivers operating under this exemption, if the laws of the province in which the collision occurred require it to be reported to police; and
       
    9. comply with all other applicable requirements of the Regulations.
       
  4. While operating under this exemption, the driver of an extra-provincial truck undertaking operating a commercial vehicle shall:
     
    1. operate under and comply with the provisions of an Oil Well Service Vehicle Permit that is valid in every province where driving occurs;
       
    2. carry in the commercial vehicle a copy of this exemption and any letter acknowledging the intention to operate under this exemption that has been issued by the provincial hours of service director of the base jurisdiction, and shall make the documents available for inspection by an inspector, immediately upon request;
       
    3. ensure that an inspector be permitted to stop and enter a commercial vehicle, except its sleeper berth, at any time, for the purpose of inspecting tour sheets, trip inspection reports and supporting documents; and
       
    4. comply with all other applicable requirements of the Regulations.

Validity

This exemption comes into effect upon the date that it is signed and remains valid until the earliest of the following:

  1. 18 months after the date that it comes into effect, 23:59 MST;
     
  2. The date on which the exemption is cancelled in writing by the Minister where he is no longer of the opinion that it is in the public interest, or that it is not likely to affect motor carrier safety.

Original signed on Oct. 31 2011

 

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