Good morning, Mr. Chair and committee members.
Thank you for the opportunity to speak with you today about the federal hours of service regime for commercial drivers as it applies to the animal transport sector.
First, I'd like to start by acknowledging that the land on which we gather today is the traditional unceded territory of the Algonquin Anishinabe people since time immemorial.
In Canada, commercial vehicle safety is a shared responsibility among federal, provincial and territorial governments and commercial vehicle owners and operators. Under the Motor Vehicle Transport Act and its commercial vehicle drivers hours of service regulations, Transport Canada is responsible for certain operational matters relating to commercial motor vehicle activity, including hours of service, to mitigate risk of fatigue for commercial vehicles that cross provincial and international borders.
Provinces and territories are responsible for the enforcement of federal motor carrier operational regulations. They also have jurisdiction over intraprovincial carriers, which are also called local carriers.
Data from the national collision database indicates that, on average, 7% of all collisions in Canada between 2012 and 2021 involved a commercial motor vehicle, yet these collisions accounted for 19% of fatalities and 10% of serious injuries.
Driver fatigue is recognized in Canada and internationally as a critical risk factor associated with motor vehicle crashes. The duration of continuous wakefulness, acute sleep loss and the cumulative sleep debt contribute significantly to fatigue-related accidents.
In 1987, the federal, provincial and territorial ministers responsible for transportation and highway safety signed a memorandum of understanding to develop and implement a national safety code. As of 2023, the national safety code sets out 16 safety standards for commercial vehicles, which serve as the basis for harmonized rules and regulations governing the safe operation of commercial vehicles, drivers and motor carriers.
The national safety code is maintained by the Canadian Council of Motor Transport Administrators, which is made up of members from the federal, provincial and territorial governments. I am the board member representing the federal government.
Transport Canada's hours of service regulations were first established in 1987 and have always been harmonized to national safety code standard 9. The current rules are derived from the commercial motor vehicle driver fatigue and alertness study, which was the largest and most comprehensive over-the-road study of fatigue ever conducted in North America. It was jointly conducted by the U.S. Department of Transportation and Transport Canada.
Proposed changes to the commercial vehicle drivers hours of service regulations to mandate certified electronic logging devices, or ELDs, for federally regulated truck and bus motor carriers and drivers were first published on December 16, 2017, in Canada Gazette, part I. The final amendments were published on June 12, 2019, in Canada Gazette, part II, with a coming into force date of June 12, 2021.
For the first 18 months following that date, there was no hard enforcement of this requirement in order for industry to have additional time to adapt. It was only in January 2023 that enforcement measures began to be applied.
The introduction of ELDs did not alter existing limits to driver or working hours for commercial drivers, change the rest requirements or alter the way in which time should be reported. These have remained unchanged since they were last amended in 2007. The only change was that these hours must now be tracked electronically, which means they are less susceptible to errors or deliberate falsification.
Transport Canada officials have had meetings with representatives of the animal transport industry dating back to the initial publication of the proposed ELD requirements. These meetings have provided the opportunity to ensure that the industry is aware of the significant flexibility that already exists in the regulations. For example, this includes an exemption for operators that work within 160 kilometres of their home terminal, the ability to defer up to two hours of daily off-duty time, and the ability to increase driving time by up to two hours in adverse driving conditions.
In the event that the built-in regulatory flexibility does not meet the unique needs of a particular industry segment, motor carriers or the associations on their behalf may make an application for a regulatory exemption under section 16 of the Motor Vehicle Transport Act.
In accordance with the act, the granting of an exemption can occur when the application is found to be in the public interest and not likely to affect motor carrier safety. When an exemption is granted, it is generally very prescriptive, designed to address a specific problem and includes terms and conditions to mitigate any fatigue risk and facilitate enforcement.
Should the animal transport industry decide to pursue a section 16 exemption, Transport Canada stands ready to work with them to determine what type of regulatory relief may be warranted.
I know the committee has heard about guidance for enforcement officers. The Canadian Council of Motor Transport Administrators' application guide for hours of service helps to provide a common interpretation for enforcement officers, motor carriers and drivers to facilitate consistent enforcement and compliance with the rules. The Canadian Council of Motor Transport Administrators, or CCMTA, is aware of the request to review the guidance as it applies to animal transport, and this topic will be discussed in an upcoming meeting of its compliance and regulatory affairs program committee, on which Transport Canada sits as a member.
The committee has also heard about some comparisons with the rules in the United States.
First, it's important to note that both Canada and the U.S. require hours of service to be recorded with an ELD, with some exceptions. However, Canada currently allows longer driving hours than the U.S., longer workdays and more on-duty hours in a driver's seven-day cycle.
With respect to the 150 air-mile exemption for the agricultural sector in the U.S., this was a mandate of the U.S. Congress which allows a livestock driver to work and drive unlimited hours within 150 air miles, approximately 270 kilometres, of either the origin or destination of their load. This exemption does not align with the commercial motor vehicle driver fatigue and alertness study and has been identified by the U.S. National Transportation Safety Board as a potential contributing factor in at least one fatal accident.
To conclude, Mr. Chair, Transport Canada is dedicated to maintaining the safety of commercial drivers and all road users who share their workplace. This is why we have developed evidence-based regulations to help ensure that commercial drivers operating in Canada drive within their limits and accurately log their working hours.
We are happy to work with the animal transport sector to address any unique needs within this framework.
Thank you. I'll be happy to take questions.
