Proposed Canadian Hours of Service Regulations
for Commercial Truck Drivers

Fiction: The CCMTA proposals are inconsistent with the science of fatigue and do not reflect the recommendations of the Canadian panel of sleep/fatigue experts.

Fact: The proposals from the Canadian Council of Motor Transport Administrators (CCMTA) working group to improve Canada's federal hours of service regulations, are based on thorough consideration of the best available scientific evidence on the safety impacts of fatigue (including a 6 year, $6 million study conducted jointly by Transport Canada and the US Department of Transportation) and on the recommendations from a panel of scientific experts. As Table 1 suggests, virtually all the core recommendations of the expert panel have been addressed in the CCMTA proposals.

Fiction: The CCMTA proposals will allow a driver to work longer hours each week than under the current rules.

Fact: No. As the Chart below shows, under the current rules a driver who took full advantage of the rules (by using the ability to shift between "cycles") could in fact work as many as 104 hours in a 7 day period (108 hours with the 4 hour reduction rule). The CCMTA proposals would not only reduce the daily and weekly on-duty times compared to what is presently allowed, it would also eliminate cycle switching.

Fiction: Drivers will be able to drive 84 hours in 7 days without an extended break.

Fact: No, under the CCMTA proposals, a driver will be limited to two duty cycles - 70 hours in 7 days or 120 hours in 14 days. Under the proposed CCMTA rules, once a driver reaches 70 hours on-duty within a 7 day period, he must take a rest and recovery break of minimum of 36 hours before he can commence another 70/7 duty cycle. As the Chart below shows, a driver could accumulate 84 total hours in 7 days, but he will have had 36 hours off during that 7 days, negating the impact of cumulative fatigue.

Click image for full size version

Fiction: The hours of service proposal developed by the CCMTA allows truckers to work longer hours each day.

Fact: The CCMTA proposal actually reduces by 2 hours (or 12 ½%) the amount of time a driver can work. Under the current regime, a driver can routinely and legally work up to 16 hours a day. (In fact, by invoking the 4 hour reduction rule, a driver can work up to 20 hours, once per week). Under the proposed new rules the maximum is 14 hours.

Fiction: Driving makes a person more tired than other work. Consequently, the regulations need to distinguish between the two.

Fact: In addition to reducing the daily allowable work time by 2 hours, the proposed new rules would simply eliminate the artificial and not scientifically invalid distinction between driving time and working time. Work is work and the scientific evidence indicates that there is no difference between driving time and other duties when it comes to causing fatigue.

Fiction: The proposed rules will exacerbate the problem of cumulative fatigue.

Fact: The CCMTA proposals would increase the minimum mandatory rest periods by 25%. Drivers would be required to take a minimum 8 hour continuous break (also called an anchor rest) plus another 2 hours for a total of 10 hours out of every 24 hours. This is an increase of 2 hours in the anchor rest, which scientific evidence confirms is sufficient to alleviate cumulative fatigue. The additional two hours can be used for naps which will be particularly helpful for night driving.

Fiction: A 36 hour rest and recovery period is insufficient.

Fact: Not according to the science. A 36 hour rest and recovery period, allows for a significant uninterrupted rest break including the opportunity for 2 anchor sleeps. This is sufficient to eliminate sleep debt. (The minimum rest and recovery period under the 120 hours in 14 days cycle will be 72 hours).

Fiction: Truck drivers are opposed to the proposed hours of service regulations.

Fact: No. It is imperative that the concerns of truck drivers are taken into account if the proposals are to receive support and be complied with. Thousands of truck drivers have had input into the development of industry proposals. A major concern of truck drivers is that they: (1) are able - within reason - to get home or to final destination without having to shut down for an extended period; and (2) that there are sufficient rest stops with adequate facilities. (These presently are in very short supply in Canada). The on-duty/off-duty proposals and the proposal to average off-duty time over 48 hours help seem to provide adequate flexibility without compromising safety.

Fiction: Truck drivers routinely take amphetamines and other stimulants to stay awake at the wheel.

Fact: Nonsense. Canadian truck drivers operating in the US must undergo mandatory random, pre-trip, post-accident, for cause and pre-employment drug screening. To date, for drivers enrolled in Canada's largest substance use testing consortium, the positive test rate is less than 2%. According to the most recent data, marijuana is the most common substance detected (83%), while amphetamines represented only 0.7%. In addition, alcohol use has been identified as a contributing factor in about 2% of truck drivers involved in fatal collisions, compared to over 20% for drivers of all vehicles.

Fiction: The CCMTA proposals for trucking hours of service will mean that truck drivers will be able to operate their vehicles much longer than railway engineers or pilots.

Fact: No. Locomotive engineers in Canada are allowed to work 18 hours a day. Airline pilots are allowed to work up to 20 hours a day. (See Table 2).

Table 2

Basic Hours of Service Provisions: Major Canadian Transportation Modes
	Truck (CCMTA Proposals)	Rail	Air
Max. On-Duty Per 24 Hours	14 hrs/24 hrs	18 hrs/24 hrs	15 hrs/24 hrs (Can be augmented to 20 hrs/24 hrs)
Mandatory Rest per 24 Hours	10 hrs/24 hrs	8 hrs/24 hrs (on-duty >10 hrs) -or- 6 hrs/24 hrs (<10 hrs on-duty, split run)	24 hours off after three 12+ hr shifts
Rest & Recovery/ Time Free	36 hrs in 70/7 shift -or- 72 hrs in 120/14 shift -plus- Mandatory 24 hrs/ 14 days -plus- Mandatory 24 hrs (50-70 hrs into 120/14 shift)	N/A (Can work consecutive 24 hr shifts without a rest and recovery period. May re-start 24 hr cycle after only 6 hrs off-duty)	36 hrs once with each 7 consecutive days -or- 3 cons. days within each 17 consecutive days

Fiction: The CCMTA is accountable to no one.

Fact: No. The CCMTA is an association of transportation ministry officials from all provinces and territories, and the federal government. They report and make recommendations to the Council of Ministers Responsible for Transportation and Highway Safety. To suggest that the CCMTA is unaccountable is an insult to those ministers.

Fiction: The CCMTA proposal was developed behind closed doors, without input from the public, labour and fatigue experts.

Fact: No. The CCMTA established a working group to develop the proposals for improving the hours of service regulations about three years ago. Safety organizations, labour and just about anyone else with an interest in the subject were members of the project group. (Interestingly, those groups that are complaining the loudest now, were virtually silent during the project group deliberations they attended). In contrast, stakeholders on the Transport Canada Railway Safety Consultative Committee established under the Railway Safety Act have been denied the opportunity to discuss changes under consideration with regards to the railway hours of service rules.

Fiction: CCMTA proposals are inconsistent with the rules in other trucking jurisdictions.

Fact: The US has always taken a somewhat different approach to the hours of service regulation issue because of historical and geographic reasons. The US economy is based on a "hub and spoke" system to a much greater extent than the Canadian economy. The larger distances and lower population densities in Canada, as well as the greater distances between available rest areas, mean that the trucking industry in Canada is faced with a different set of challenges that require a different regulatory regime. (See Chart 2).

In fact, the CCMTA proposal is similar to the current Australian regulations. Unlike the US, Australia has a similar economy and its geography and population densities create some of the same distribution challenges as those existing in Canada. The Australian rules allow 14 hours in service out of 24, require 10 hours rest each day (although only 6 have to be continuous compared to 8 in the Canadian proposal), and slightly longer weekly hours than is proposed for Canada. (See Table 3).

Table 3

Basic Hours of Service Regimes: Major Trucking Nations
	Canada (Current)	Canada (CCMTA Proposals)	USA (Current)	USA (NPRM Proposals		Australia (Current Trans. FMS)	New Zealand
Max. Daily Allowable Driving/On-Duty hrs	15 hrs (13 hrs driving + 2 hrs other on-duty) (Enables 16-20 hrs/24 hrs.)	14 hrs (Any combination driving + on-duty)	15 hrs (10 hrs driving + 5 hrs other on-duty) (Enables 16 hrs in 24 hrs)	12 hrs (Any combination driving + on-duty)	14 hrs (Any combination driving + on-duty)		14 hrs (11 hrs driving + 3 hours on- duty)
Min. Rest/24 hrs	8 hrs	10 hrs	8 hrs	12 hrs	10 hrs		9 hrs
Mandatory Min. Anchor Rest	6 hrs	8 hrs	6 hrs	10 hrs	6 hrs		9 hrs
Consistent with Circadian Cycle?	No (23 vs 24)	Yes	No (21 vs 24)	Yes	Yes		No (23 vs 24)
Max. Continuous Shifts (Cycles) Without Break (Hrs/Days)	60 /7 70 /8 120/14 (Plus cycle switching)	70 /7 120 /14 days (No cycle switching)	60/7 70 /8	60 /7	72 /7 144 /14		70/7 (66 driving/7) (Only has to have 24 hrs off before starting new shift)

Chart 2
Ontario Truckstops with Adequate Facilities:
Showers, and 50+ Overnight Parking Spaces
Source: Truckstops 2000 Edition