On February 19, 2024, the Minister of Transport and Sustainable Mobility issued Order 2024-08, establishing a pilot project aimed at studying the recording of driving and rest hours for drivers of heavy vehicles involved in film and television production activities. This initiative is grounded in the provisions of the Highway Safety Code (chapter C-24.2), which permits the Minister to authorize pilot projects that innovate or test new safety measures and standards. The pilot project addresses specific challenges faced by drivers in the film and television industry. Under existing regulations, drivers of heavy vehicles must use electronic logging devices to record their hours of driving and rest. However, this requirement becomes complicated when drivers operate vehicles from multiple production companies within a single day, as each vehicle necessitates a separate logging device. Consequently, drivers are compelled to duplicate their recorded information, creating inefficiencies and hindrances to their work.

To tackle these challenges, the pilot project seeks to explore alternative methods for recording driving and rest hours while ensuring road safety. Its aims are threefold: to test conditions under which hours can be recorded without electronic devices, to gather insights on the operational realities of film and television production, and to evaluate the impact of these methods on highway safety. The Société de l’assurance automobile du Québec (SAAQ) will oversee the administration and evaluation of the pilot project, a collaboration crucial for data collection, compliance assurance, and overall project effectiveness assessment.

Operators of heavy vehicles intending to participate in the pilot project must formally notify the SAAQ and provide details about the vehicles involved. They are required to maintain a “satisfactory” safety rating and keep records updated throughout the project. Operators must ensure that copies of the project-related documentation are present in each vehicle and comply with additional requirements, including conducting periodic safety analyses. Likewise, drivers participating in the pilot must adhere to specific conditions, including carrying a copy of the project documentation in their vehicles and following modified regulations for recording driving and rest hours that accommodate the nature of film and television production.

To promote adherence to the project’s conditions, penalties are outlined for both operators and drivers who fail to comply with the established requirements. Operators may face fines ranging from $200 to $300 for specific infractions, while similar penalties apply to drivers who do not carry the required documentation. Additionally, operators may be barred from participating in the pilot project if they jeopardize public safety or fail to comply with critical requirements.

By allowing flexibility in how driving and rest hours are recorded, this pilot project aims to balance the operational realities of production companies with the imperative of road safety. The collaboration between operators, drivers, and the SAAQ aims to be a proactive approach to regulatory adaptation in response to the unique challenges posed by the industry.

Quebec (OC 2024-08) April 17, 2024