On July 20th, Commercial Vehicle Safety & Enforcement (CVSE) announced an hours of service (HOS) exemption to support the transportation of goods and passengers on Highway 4 during the Slope Stabilization Project at Cameron Lake Bluffs.
The exemption under Motor Vehicle Act Regulations (MVAR) s. 37.17.01 (s. 37.20 as of August 1, 2023) allows additional time for drivers on this route to complete their trip while still ensuring drivers are required to obtain adequate rest in order to ensure safety during the road closures required by the rock scaling that is expected to end mid-August.
The circular contains references to regulations coming into force August 1; while those regulations are not posted yet (they will be August 1), the references are there so carriers can continue to operate within the provisions of this circular after the regulations are amended.
Please note this is not a blanket exemption. This exemption only applies to drivers when on trips that:
- Traverse the closure on Highway 4 at Cameron Lake Bluffs or use the designated detour route, and
- Could have been completed under normal driving conditions without requiring any HOS exemptions.
Review the exemption carefully to determine if it applies to your operations. Specific conditions include:
a) A driver must take a minimum of 10 consecutive hours of off-duty time prior to driving again after completing any trip under this exemption.
b) If a driver indicates they are fatigued, or the carrier has reason to believe the driver is fatigued, the carrier must require the driver to take at least 8 consecutive hours of off-duty time before driving again.
c) Drivers and carriers operating under this exemption are not eligible to maintain local time records under MVAR 37.18.01 (2) (Aug 1, 2023: MVAR 37.28) even if the driver is operating within a 160 km radius of their home terminal.
d) Daily logs (Aug 1, 2023: records of duty status) must be used for these trips and a driver’s duty status must be correctly recorded following the definitions of driving time, on-duty time, and off-duty time.
e) A driver operating under this exemption is not eligible to defer time under MVAR 37.13.04 (Aug 1, 2023: MVAR 37.27)
f) A driver must carry a copy of this exemption and produce the exemption with daily logs (Aug 1, 2023: records of duty status) for inspection.
g) A driver must note on their daily log (Aug 1, 2023: record of duty status) that they are operating under Cameron Lake Bluffs HOS exemption.
h) In lieu of the requirement under MVAR 37.17.02 (1)(b) (Aug 1, 2023: MVAR 37.21 (2)(b), the carrier must maintain a copy of this exemption with hours of service records for each driver operating under this exemption.
i) All other hours of service requirements still apply including:
- Cycle limits and reset requirements under MVAR 37.16.02 to 37.16.06 (Aug 1, 2023: MVAR 37.34 to 37.38)
- Requirement to take 24 consecutive hours off-duty within the previous 14 days under MVAR 37.13.02 (4) (Aug 1, 2023: 37.25 (4))
This exemption is effective July 17, 2023, and expires upon completion of the Slope Stabilization Project at Cameron Lake Bluffs or upon repeal of this compliance circular by the Director, CVSE, whichever comes first.
Please find the Compliance Circular #02-2023 here.
