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

***Date**

File No.: **Auto fill**

Assignment No.: **Auto fill**

**Name of the survey participant**

**Address**

Dear ****Mr./Mrs./Ms.**** **Name of the survey participant**:

Subject: Canada Labour Code, Part III , Labour Standards

Survey Regarding City Drivers and Highway Drivers

On **date**, I contacted you regarding 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 advise you of the meaning and implications of the survey results.

To re-iterate the issue, the Motor Vehicle Operators Hours of Work Regulations provides for two categories of 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).

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 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 described below:

Zone served by city drivers

• Furthest point northwest: **input response obtained**
• Furthest point north: **input response obtained**
• Furthest point northeast: **input response obtained**
• Furthest point east: **input response obtained**
• Furthest point southeast: **input response obtained**
• Furthest point south: **input response obtained**
• Furthest point southwest: **input response obtained**
• Furthest point west: **input response obtained**

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 data from the survey is attached.

Please review your overtime pay practices for city and highway motor vehicle operators, and ensure that you are paying overtime pay in accordance with the prevailing industry practice identified by this survey. The prevailing industry practice in your area will be used by the Labour Program in order to determine overtime pay entitlements for motor vehicle operators.

If you have any questions regarding this survey, or on the implications of the survey results, 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.

***Date**

File No.: **Auto fill**

Assignment No.: **Auto fill**

**Name of the survey participant**

**Address**

Dear ****Mr./Mrs./Ms.**** **Name of the survey participant**:

Subject: Canada Labour Code, Part III , Labour Standards

Survey Regarding City Drivers and Highway Drivers

On **date**, I contacted you regarding 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 advise you of the meaning and implications of the survey results.

To re-iterate the issue, the Motor Vehicle Operators Hours of Work Regulations provides for two categories of 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).

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 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 data from the survey is attached.

Please review your overtime pay practices for city and highway motor vehicle operators, and ensure that you are paying overtime pay in accordance with the prevailing industry practice identified by this survey. The prevailing industry practice in your area will be used by the Labour Program in order to determine overtime pay entitlements for motor vehicle operators.

If you have any questions regarding this survey, or on the implications of the survey results, 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.