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Are you ready for the ELD compliance deadline?

Until now, officials have taken a “softer” approach to enforcing the regulation as carriers adjusted to the new ELD technology.  In many cases, only warnings have been issued for noncompliance.  When enforcement action was taken, it couldn’t include out-of-service orders or impacts to the carrier’s CSA score.

It all changes on April 1.

As of that date, you could face fines or an out-of-service order for any of the following violations:
• Not having an ELD in the truck (or not having an ELD that’s registered with the FMCSA).
• Not being able to produce digital or paper copies of your logs when requested by an enforcement official.
• Falsifying logs by utilizing the incorrect duty status or exemption.  

For full compliance, the following must also be on hand:
• The ELD user manual.
• Step-by-step instructions on how to transfer data to enforcement officials.
• A step-by-step guide on managing ELD malfunctions, as well as how to manually record hours of service data if needed.
• Blank records of duty graphs so that drivers can manually track their duty status and other required information for at least eight days.  The FMCSA allows you to keep paper logs for up to eight days during an ELD malfunction.

Canadian ELD Mandate

As the ELD Mandate came into effect in the United States on December 18th, 2017, the Canadian government published its proposal to make the use of electronic logging devices (ELDs) mandatory. ELDs help carriers and drivers comply with Commercial Vehicle Driver Hours of Service Regulations thereby lessening the negative impacts of non-compliance. According to Transport Canada, in addition to improving road safety, regulations will save carriers time and money associated with the administrative burden of paper logs.

Impacts on operations

Using ELDs offer many advantages. However, implementing such technology will require a transition period. “Beyond choosing a compliant solution, carriers will have to revise their operational processes. Whether for administrative personnel, dispatchers, or compliance officers, day-to-day work methods will be revised to adapt to this new reality,” stated engineer Benoit Vincent, who worked as a consultant on the development of the Canadian standard.

Training will be crucial during the transition to ensure that everyone uses the technology to its full potential, and to optimize productivity and performance. Guidance and support during the deployment of a solution will be key considerations when choosing an ELD provider. Day-to-day technical support for solution users will also be part of the equation.

Differences between Canada and the United States

In developing its regulations, Transport Canada took American regulations into account. To minimize repercussions for Canadian cross-border operators, ELD requirements were for the most part aligned with those of the United States. Such alignment will ease operations and avoid posing a hindrance to trade. Carriers will be able to use a single solution in both countries and remain compliant.

Nonetheless, there are some distinctions between Canadian and American regulations. According to Vincent, the main differences are as follows:

  • In accordance with hours of service regulations, ELDs must enable carriers operating in Canada to keep information logged for the current day and the preceding 14 days, while the American requirement calls for 7 days.

  • Based on the technical specifications of Canadian regulations, ELDs must enable calculations for driving timetable scheduling both north and south of the 60th parallel north.

  • To meet Canadian hours of service regulation requirements, ELDs must also allow for cycle management, changes in jurisdiction, and off-duty time deferral.

  • During roadside inspections, ELDs must make it possible for drivers to provide reports in PDF format, either by email, fax, or with a USB drive. Data files will not be validated, like is the case in the United States by the FMCSA.

Next steps

Industry members have 60 days starting on the proposal’s publication date in the Canada Gazette, on December 16th, 2017, to submit comments in writing directly to Andrew Spoerri, Senior Research Analyst for Transport Canada.

Suggestions and concerns will then be studied and regulations amended if necessary. New regulations on the mandatory use of ELDs will come into effect one or two years after the date of publication in Part II of the Canada Gazette. The enforcement date will depend on the duration of the transition period of either one or two years.