Confused about Canadian rules please help ASAP

He got tagged for driving past his 11 hrs at least that’s what dispatcher told me . OOS for 10 as well.

 

Posted on an MTO facebook site, let's see what they say.

 

Well so far not 1person said they can do that.
I suspect that nothing official will be said because that could be used in court
I''ll post the responses tomorrow.

I do know personally of a case about 20 years ago of an ON driver that got grabbed in a truck dui in NY state.
That carries a 3 month suspension in NY, BUT in ON it's a 1 year suspension and thru reciprocity ON suspended his license for a whole year.
So maybe the rules changed at some point. IDK

 

That's a huge difference between getting in trouble for exceeding drive time and not logging the correct duty status. By the way the driver was correct to stay in drive, at least on the U.S. side.

The definition of driving is "All time at the controls of a commercial motor vehicle."
There is no 'unless I don't want to' exemption there. It's all times. Heck, even if you are on a highway that's shut down it's still drive time

§395.2 Definitions.

Guidance Q&A
Question 25: When a driver experiences a delay on an impassable highway, should the time he/she is delayed be entered on the record of duty status as driving time or on-duty (not driving)?

Guidance: Delays on impassable highways must be recorded as driving time because §395.2 defines “driving time” as all time spent at the driving controls of a commercial motor vehicle in operation.

 

MTO writing him up for something that happened in a different country doesn't seem right.

 

Educate yourself on the off duty deferral.