Human Resources and Skills Development Canada
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Labour

www.labour.gc.ca

Motor Vehicle Operator Surveys

The Motor Vehicle Operators Hours of Work Regulations sets out the standard hours of work for:

  • city motor vehicle operators as 9 hours in a day or 45 hours in a week; and,
  • highway motor vehicle operators as 60 hours in a week.

A highway motor vehicle operator is defined as a motor vehicle operator who is not a bus operator or a city motor vehicle operator.

A city motor vehicle operator is defined as a motor vehicle operator who operates exclusively within a 10-mile (16 km) radius of his home terminal and is not a bus operator. The definition includes any motor vehicle operator who is classified as a city motor vehicle operator in a collective agreement or who is not classified in any such agreement but is considered to be a city motor vehicle operator according to the prevailing industry practice in the geographical area where he is employed.

The HRSDC - Labour Program conducts motor vehicle operator surveys for drivers employed by a federal jurisdiction employer to establish whether a driver is considered to be a city motor vehicle operator or a highway motor vehicle operator. The surveys also determine the prevailing industry practice in the geographical area where the driver is employed.

Survey results

The motor vehicle operator survey may yield various results for the prevailing industry practice in a geographical area:

Option 1: City drivers are drivers who operate exclusively within a described zone.

Zone Served by City drivers:

Maximum Distance travelled North from Home Terminal: ** km **
Maximum Distance travelled South from Home Terminal: ** km **
Maximum Distance travelled East from Home Terminal: ** km **
Maximum Distance travelled West from Home Terminal: ** km **

This finding is based on the fact that at least 70 percent of the companies surveyed classify their drivers who operate exclusively within this zone as city drivers. Therefore, this is confirmed as the prevailing industry practice for classifying drivers as city motor vehicle operators.

Option 2: City drivers are drivers who operate exclusively within a 10-mile (16 km) radius of their home terminal.

Option 3: There is no prevailing industry practice. Therefore, in accordance with section 2 of the Motor Vehicle Operators Hours of Work Regulations, city motor vehicle operators are drivers who operate exclusively within a 10-mile (16 km) radius of their home terminal.

Application of Survey Result

City motor vehicle operators are entitled to overtime pay at a rate of one and a half times the regular wage rate after working in excess of either 9 hours in a day or 45 hours in a week.

Highway motor vehicle operators are entitled to overtime pay at a rate of one and a half times the regular wage rate after working in excess of 60 hours in a week.

The survey results are valid for five years from the date on which the survey was completed.

For detailed information concerning the survey procedures used by Human Resources and Skills Development Canada - Labour Program, please refer to: Interpretation Policy Guideline 700-10-IPG-071: Survey Procedure for Ascertaining Whether or Not There is a Prevailing Industry Practice in a Geographical Area.

Completed Motor Vehicle Operator Surveys within a province or territory:

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Date Modified:
2012-02-15