Appendix D - 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 D.1: Preliminary Findings - Survey - Different than the 10 mile (16 km) radius
**Date**
File No.: **Auto fill**
Assignment No.: **Auto fill**
**Name of the employer of complainant**
**Address**
Dear ****Mr./Mrs./Ms.**** **name of contact at the employer of complainant**:
Subject:
Canada Labour Code, Part III
, Labour Standards
Survey Regarding City Drivers and Highway Drivers
On **date**, I informed you that the Labour Program - Human Resources and Skills Development Canada was conducting a survey of federal jurisdiction road transportation companies ***engaged in **identify specialized road transport sector** ***in your geographical area. The purpose of this letter is to inform you of the results of that survey, and to provide you with an opportunity to make a written submission regarding the survey if you do not agree with the results. ***The results of the survey will be applied to the investigation of the complaint of **name of complainant**.***
To re-iterate the issue, the Motor Vehicle Operators Hours of Work Regulations provides for two categories of operators:
- 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
- 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).
Therefore, in order to determine if a driver is considered to be a city motor vehicle operator or a highway motor vehicle operator, it was necessary to conduct a survey to ascertain the "prevailing industry practice in the geographical area where the driver is employed".
I have completed the survey and my preliminary finding is that the prevailing industry practice in the geographical area of **area** is that city drivers are drivers who operate exclusively within the zone bounded by the places named below:
Zone served by city drivers
- Furthest point northwest: **input place name**
- Furthest point north: **input place name**
- Furthest point northeast: **input place name**
- Furthest point east: **input place name**
- Furthest point southeast: **input place name**
- Furthest point south: **input place name**
- Furthest point southwest: **input place name**
- Furthest point west: **input place name**
This finding is based on the fact that at least 70% of the companies surveyed classify their drivers who operate exclusively within this zone as city drivers. Therefore, this is the prevailing industry practice for classifying drivers as city motor vehicle operators in your geographical area.
Drivers are considered to be city drivers when they operate exclusively within this zone and are entitled to be paid overtime pay after 9 hours in a day and 45 hours in a week.
Drivers who travel beyond this zone are considered to be highway drivers and are entitled to be paid overtime pay after 60 hours in a week.
A copy of the aggregate survey data is attached for your review.
If you believe that this survey does not reflect the prevailing industry practice in the geographical area of **area**, or if you have documents which have not yet been provided which could modify or nullify this preliminary finding, please forward your objections and documentation to the undersigned within 15 days from the date you were served with this letter.
If no response is received from you within the time specified, I will finalize the survey based on the survey results described above.
***I will be contacting you regarding the application of the survey findings to the complaint of **name of complainant**.***
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.
***c.c. **Name of complainant** ***
Appendix D.2: Preliminary Findings - Survey - 10 mile (16 km) radius
**Date**
File No.: **Auto fill**
Assignment No.: **Auto fill**
**Name of the employer of complainant**
**Address**
Dear ****Mr./Mrs./Ms.**** **name of contact at the employer of complainant**:
Subject:
Canada Labour Code, Part III
, Labour Standards
Survey Regarding City Drivers and Highway Drivers
On **date**, I informed you that the Labour Program - Human Resources and Skills Development Canada was conducting a survey of federal jurisdiction road transportation companies ***engaged in **identify specialized road transport sector** *** in your geographical area. The purpose of this letter is to inform you of the results of that survey, and to provide you with an opportunity to make a written submission regarding the survey if you do not agree with the results. ***The results of the survey will be applied to the investigation of the complaint of **name of complainant**.***
To re-iterate the issue, the Motor Vehicle Operators Hours of Work Regulations provides for two categories of operators:
- 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
- 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).
Therefore, in order to determine if a driver is considered to be a city motor vehicle operator or a highway motor vehicle operator, it was necessary to conduct a survey to ascertain the "prevailing industry practice in the geographical area where the driver is employed".
I have completed the survey and my preliminary finding is that the prevailing industry practice in the geographical area of **area** is that city drivers are drivers who operate exclusively within a 10 mile (16 km) radius of their home terminal. City drivers are entitled to be paid overtime pay after 9 hours in a day and 45 hours in a week.
Drivers who travel beyond this radius are considered to be highway drivers and are entitled to be paid overtime pay after 60 hours in a week.
A copy of the aggregate survey data is attached for your review.
If you believe that this survey does not reflect the prevailing industry practice in the geographical area of **area**, or if you have documents which have not yet been provided which could modify or nullify this preliminary finding, please forward your objections and documentation to the undersigned within 15 days from the date you were served with this letter.
If no response is received from you within the time specified, I will finalize the survey based on the survey results described above.
***I will be contacting you regarding the application of the survey findings to the complaint of **name of complainant**. ***
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.
***c.c. **Name of complainant** ***
Appendix D.3: Aggregate Survey Data Form
| Names of companies surveyed | Date of survey |
|---|---|
| 1. **Enter the name of the company surveyed** | **Enter the date of the survey** |
| 2. **Enter the name of the company surveyed** | **Enter the date of the survey** |
| 3. etc. | etc. |
Aggregate survey data obtained from companies surveyed
Note: To respect the privacy of the companies surveyed, responses are listed in random order.
Does your company have city drivers and highway drivers?
Yes: **enter number of responses** responses
No: **enter number of responses** responses
If yes, how does your company determine who is a city driver and who is a highway driver?
- **Enter the company's response**
- **Enter the company's response**
etc.
Does the road transportation industry in your geographical area have a common practice concerning city drivers?
Yes: **enter number of responses** responses
No: **enter number of responses** responses
If yes, what is it?
- **Enter the common practice**
- **Enter the common practice**
etc.
What geographical area is serviced by your city drivers?
| No. | Northwest | North | Northeast | East | Southeast | South | Southwest | West |
|---|---|---|---|---|---|---|---|---|
| Place served | Place served | Place served | Place served | Place served | Place served | Place served | Place served | |
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Add extra rows to the table if necessary.
Are your drivers unionized?
Yes: **enter number of responses** responses
No: **enter number of responses** responses
If yes, is "city driver" defined in the collective agreement?
Yes: **enter number of responses** responses
No: **enter number of responses** responses
How do you compensate city drivers? (i.e. hourly, mileage, percentage of load, etc.)
- **Enter the basis on which the company compensates city drivers**
- **Enter the basis on which the company compensates city drivers**
etc.
How do you compensate highway drivers? (i.e. hourly, mileage, percentage of load, etc.)
- **Enter the basis on which the company compensates highway drivers**
- **Enter the basis on which the company compensates highway drivers**
etc.
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