On June 20, 2023, Newfoundland and Labrador implemented Regulation 46/23 under the Highway Traffic Act, establishing comprehensive Hours of Service (HOS) regulations designed to ensure the safety of commercial drivers and the public. These regulations govern the on-duty and off-duty time for drivers of commercial vehicles, with specific provisions tailored for operations both south and north of latitude 60° North. Officially titled the “Hours of Service Regulations, 2023,” the regulation includes essential definitions such as “commercial vehicle,” “driver,” and “off-duty time,” clarifying its scope and application.

The regulations broadly apply to all commercial vehicles, with certain exemptions for vehicles transporting primary products from farms or forests, emergency vehicles used in public welfare emergencies, buses engaged in municipal public transit, and personal use of commercial vehicles under specified conditions. The regulation outlines specific driving rules based on geographic location. For operations south of latitude 60° North, drivers must adhere to limits on daily driving hours and mandatory off-duty time, including a minimum amount of daily off-duty time with options for deferral under certain circumstances. Similar rules apply for operations north of latitude 60° North, though there may be differences in required off-duty periods and their adjustment conditions.

The regulation establishes two distinct duty cycles: Cycle 1 for a 7-day period and Cycle 2 for a 14-day period, detailing how driving and on-duty time is accumulated and reset. It also includes provisions for the issuance of special permits for specific commercial vehicles, such as oil well service vehicles, which come with obligations for record-keeping and compliance. Notably, the regulation states that certain provisions do not apply during emergencies or unexpected adverse driving conditions, allowing drivers some discretion in these situations.

A significant focus of the regulation is on the use of electronic logging devices (ELDs), which automatically record driving time and duty status. It mandates that drivers maintain accurate records, specifying requirements for the devices’ functionality, verification, and potential malfunctions. Inspections and enforcement are also addressed, with designated inspectors, including peace officers, granted authority to inspect commercial vehicles, review records, and ensure compliance with HOS regulations. The regulation outlines penalties for violations, repeals previous regulations (specifically NLR 94/06), and stipulates a commencement date for the new rules.

By defining clear parameters for driving and off-duty time, alongside the integration of technology through ELDs, the regulations aim to enhance road safety while addressing the unique challenges posed by the region’s geography. 

Newfoundland and Labrador (46/23) June 24, 2023