Appendix B - Survey Procedure for Ascertaining a Prevailing Industry Practice in a Geographical Area - Motor Vehicle Operators Hours of Work Regulations - IPG-071

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Appendix B: Survey Introduction Letter

**Date**

File No.: **Auto fill**

Assignment No.: **Auto fill**

**Name of company**

**Address**

Sent via Facsimile to **fax number**

Dear ****Mr./Mrs./Ms.**** **name of contact**:

Subject: Canada Labour Code, Part III , Labour Standards

Survey Regarding City Drivers and Highway Drivers

The Labour Program - Human Resources and Skills Development Canada is conducting a survey of federal jurisdiction road transportation companies ***engaged in **identify specialized road transport sector** *** in your geographical area. Within the next 10 working days, one of our inspectors will contact you and ask for your cooperation in providing answers to the questions on the attached survey form.

The survey is necessary for the Labour Program to properly administer the overtime pay provisions of the Motor Vehicle Operators Hours of Work Regulations in the aforementioned geographical area. The survey will be used to identify the prevailing industry practice in this area. The prevailing industry practice will determine when employees who operate motor vehicles will be eligible for overtime pay. The survey results will remain in effect for five years.

The regulations provide for two categories of motor vehicle operators:

  1. highway motor vehicle operators (highway drivers) who are entitled to overtime pay at time and a half after working 60 hours in a week; and
  2. city motor vehicle operators (city drivers) who are entitled to overtime pay at time and a half after working either 9 hours in a day or 45 hours in a week.

The regulations state that a "highway motor vehicle operator" means a motor vehicle operator who is not a bus operator or a city motor vehicle operator.

The regulations also state that a "city motor vehicle operator" means a motor vehicle operator who operates exclusively within a 10 mile (16 km) radius of his home terminal and is not a bus operator and includes any motor vehicle operator who is classified as a city motor vehicle operator in a collective agreement entered into between his employer and a trade union acting on his behalf 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 (emphasis added).

In order to determine if a driver is considered to be a city motor vehicle operator or a highway motor vehicle operator, it is necessary for the Labour Program to conduct a survey to ascertain the "prevailing industry practice in the geographical area where the driver is employed".

For the purposes of this survey, a city motor vehicle operator includes drivers who may be referred to within the trucking industry as "city drivers", "local drivers", "pick-up and delivery drivers", or similar classifications. A highway motor vehicle operator includes drivers who may be referred to within the trucking industry as "highway drivers" or "long haul drivers", or similar classifications.

Your participation in this survey is voluntary. To respect the privacy of survey participants, all survey responses will be compiled into an aggregate survey database. This will include a list of companies surveyed and a record of all responses provided, but individual responses will not be linked to the name of the party/company who provided the response. Survey participants will be provided with the aggregate data. Aggregate data will not be published, but will be provided on request. Upon completion, the survey findings will be made public.

If you have any questions about this survey, you may contact me at the phone number provided below.

Yours sincerely,

**Name of Inspector**, Inspector

****Complete address if not shown on letterhead****

Telephone Number: **Telephone Number**

Fax Number: **Fax Number**

E-mail: **E-mail Address**

National Toll Free: 1-800-641-4049

labour.gc.ca

Att.

Appendix B.1: Survey Questions

The survey should only take a few minutes to complete. It will consist of the following questions:

General Information

  1. Name and address of employer being surveyed.
  2. Name and job title of person providing responses and date.
  3. Does your company have city drivers and highway drivers?
  4. If yes, how does your company determine who is a city driver and who is a highway driver?
  5. Are your drivers unionized?
    • If yes, is "city driver" defined in the collective agreement?
  6. Does the road transportation industry in your geographical area have a common practice concerning city drivers?
    • If yes, what is it?
    • If no, proceed to question (i).
  7. How do you compensate city drivers (i.e. hourly, mileage, percentage of load, etc.)?
  8. How do you compensate highway drivers (i.e. hourly, mileage, percentage of load, etc.)?

    Information Regarding the Area Serviced by Your City Drivers

  9. What geographical area is serviced by your city drivers?

    (Please identify furthest destination points by place name)

    • Furthest point northwest:
    • Furthest point north:
    • Furthest point northeast:
    • Furthest point east:
    • Furthest point southeast:
    • Furthest point south:
    • Furthest point southwest:
    • Furthest point west:

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