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This rule shall apply and be limited to operating employees of federally regulated railways working in covered service, except that it shall not apply to operating employees unavoidably required for emergency service resulting from railway occurrences.
In this rule:
"Covered service" means a service in which operating employees work in unassigned road service.
"Objective terminal" means the destination terminal to which the operating employees are called, except that the objective terminal for work trains will be the point at which the operating employees in work train service go off-duty.
"On duty time" means the total elapsed time from when an employee is required to report for duty until the time when an employee goes off-duty.
"Operating employee" means on board train employees directly involved in operating or assisting in the operation of the train, including those employees who are trainee candidates for such positions.
"Railway Occurrence" means any accident or incident associated with or preventing the operation of rolling stock on a railway.
"Unassigned service" means a train service where operating employees are called from an employee pool and do not otherwise have a regularly scheduled assignment.
A railway company shall ensure that:
a) Operating employees who go off-duty at their objective terminal after being on duty in excess of 1 0 hours, will not be required to go on duty in covered service for at least 8 hours and will not be called for duty for at least six hours after going off-duty.
b) Operating employees who go off-duty at their objective terminal after being on duty for less than 10 hours, who are again required for duty in covered service within the next 3 hours are considered, upon going off-duty at their next objective terminal, to have consecutively worked the total hours for both trips. If the total time on duty for both trips, excluding the time off-duty between the trips, exceeds 1 0 hours, such employees shall only be called again for duty in covered service in accordance with the provisions of paragraph 3.3 a).
In the application of this rule:
a) Time occupied while deadheading will be considered on duty time when such deadheading is to the objective terminal or to an intermediate point for purposes of going into covered service.
b) Mandatory off-duty time may be interrupted for deadheading purposes only at the away f rom home terminal concerned and only when deadheading is to the home terminal. After arrival at the home terminal, such employees shall be considered to have been on duty in excess of 1 0 hours, and the full amount of mandatory rest required by Item 3.3 a) will apply before such employees are permitted to work again in covered service.
All CPR running trades employees working in
Canada will be subject to the terms and conditions of the maximum
hours on duty policy. In addition this policy will apply to all
running trades employees of foreign roads operating on CPR trackage
in Canada.
This policy is separate and apart from the U.S. Hours of Service Act. Therefore the Hours of Service Act must not be used as a guide or reference in determining the application of this policy. Canadian based running trades employees working in the U.S. will continue to be governed by the U.S. Hours of Service Act.
A copy of the policy and a guideline outlining its scope follow.
MAXIMUM ON-DUTYTIME POLICY
4.1 The maximum on-duty time for running trades employees is eighteen hours in any .........24-hour period.
4.2 The maximum continuous on-duty time for running trades employees is:
a) 12 hours in a single tour of duty;
b) 16 hours in workservice and/or in case of emergency.
"Emergency" means an event where a casualty or unavoidable accident occurs, an Act of God, or where a delay is as a result of a cause not known to the railway or its officers at the time employees leave a terminal and which could not have been foreseen.
4.3 Time spent deadheading is to be included in the calculation of maximum hours on duty except when deadheading following working service to an objective terminal or an intermediate tie-up point provided rest is booked at the terminal or tie-up point.
4.4 The "Mandatory Off-DutyTime" rule remains in force and will continue to govern mandatory time off duty for operating employees in unassigned road service.
4.5 It is the joint responsibility of employees affected by this policy and their supervisors to ensure that the employees are in compliance with this policy.
Because the intent of this policy is to prevent excessive hours of work and inadequate rest for crews, the policy outlined above includes all running trades employees and not just road service employees as required by the Orders referred to above.
4.6 GUIDELINE FOR APPLICATION OF MAXIMUM HOURS POLICY
The numbering of the guideline points in brackets correspond and relate to the numbering of the policy items above.
(4.1) Maximum Cumulative Hours and Calculation of the 24 Hour Period
i) The maximum on duty time of 18 hours is cumulative time and more than 1 tour of duty may be performed during any 24 hour period provided no more than 18 hours on duty time is accumulated in any 24 hour period.
ii) A tour of duty for purposes of this policy is a working or deadhead wage claim/ticket.
iii) The 24-hour period will reset when the employee has had 6 continuous hours off duty.
By way of illustration, the following scenario outlines how an employee's available time on duty would be determined at the time of his call for duty.
Application of Policy at Employee Call Time
At the time of the employee's call for duty the crew caller using the computer system will determine if the employee has had six hours off between the end of his last tour of duty and the reporting time for his next tour of duty. If the employee's off duty time is six hours or more a new max day ( 18 hours accumulated on-duty time in any 24 hour period) will commence when he next reports for duty. He will therefore be eligible to accumulate 18 hours of duty in the next 24 hours.
If the employee has not had six consecutive hours off between the above mentioned tours of duty, the computer will search back to find six cumulative hours off and calculate the number of prior on-duty hours between then and the (present) call time for the next trip. That prior time will be subtracted from the 18 hour maximum to arrive at the number of on duty hours the employee has remaining before reaching the max day cap. To determine the maximum on duty time for the next trip, the computer will stop looking back when it has reached 6 hours or more of off duty time.
It must be noted that the on duty time follows the definition of on duty time in the MTOD Rule. Specifically, on duty time covers the total time from when an employee reports for duty until an employee goes off duty, but it does not include arbitrary payment times, such as preparatory time and final inspection time. Just as in MTOD, safety meetings which an employee is required to attend immediately prior to or following his time on duty, will be included in his overall time on duty for purposes of calculating the number of duty hours under the maximum hours on duty policy.
(4.2) Maximum Continuous Time On Duty
The maximum 12 hours in item 4.2 specifies that in an emergency, the 12 hours can be exceeded to a maximum of 16 hours.
The term "continuous time on duty" measures only the amount of time the employee is on duty in a single tour of duty. Consequently every single tour of duty will restart the continuous time on duty clock.
However, all time of all single tours of duty in any 24 hour period must be calculated to ensure that the combined time on duty does not exceed the accumulated maximum of 18 hours on duty in any 24 hour period.
(4.3) Deadheading
All deadhead time will be included as time on duty for purposes of this policy except as follows:
i) Employees in working service may be deadheaded to their objective terminal or intermediate point upon reaching the maximum continuous on-duty time relative to the service they are in or upon reaching 18 hours on duty in a 24 hour period. Time spend deadheading in such circumstances will not count as time on duty for purposes of the maximum hours policy.
ii) If rest is taken when deadheading follows working service.
(4.4) and (4.5)
Both of these items are self explanatory.
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