FAQ’s – Electronic Logging Devices (ELD) in Canada
Included below are FAQ’S on Electronic Logging Devices (ELD) requirements in order for a Fleet and their drivers to remain compliant in Canada.
On June 12, 2021, updates to the federal Commercial Vehicle Drivers Hours of Service (HOS) Regulations - SOR/2005-313 came into force.
These changes make it mandatory for commercial motor vehicle drivers who travel across provincial/territorial borders to use ELDs to record their HOS.
Transport Canada (TC) announced on March 2, 2021, a 12-month progressive enforcement period. This transition should give motor carriers sufficient time to obtain and install 3rd Party Certified ELDs without penalty as of June 12, 2021.
These early enforcement measures will consist of a combination of education and awareness.
The majority of provinces and territories support the announcement made by the Canadian Council of Motor Transport Administrators (CCMTA) on May 5, 2021.
These jurisdictions will support the federal mandate through a period of progressive enforcement without penalties including elevated education and awareness until June 12, 2022. Their HOS regulations align with the federal regulations.
This has allowed these jurisdictions to use regulations to enforce HOS compliance regardless of where the carrier operates, rather than creating the two-tier system that exists in jurisdictions with different regulations for federal and provincial carriers.
Their current intention is to adopt an ELD mandate for all carriers (both inter- and intra-provincial) as this will provide consistency and help level the playing field for all carriers regardless of where the carrier operates.
Exact timelines for the implementation of ELDs in these jurisdictions will be determined based on:
The process to make the necessary regulatory changes.
The availability of 3rd Party Certified ELDs.
Whether the emergency declarations have passed that granted relief from HOS requirements; and
Alignment with jurisdictional enforcement agencies on the 12-month educational enforcement period.
Jurisdictions are working with motor carriers and ELD vendors to determine the best path forward to implement ELDs for intra-provincial carriers that strictly operate within a province or territory.
How does Transport Canada’s educational enforcement period impact the deadline?
What the 12-month ELD educational enforcement period in Canada means that is if you are operating a commercial vehicle, that is not otherwise exempt from ELD between June 12, 2021, to June 12, 2022, you and/your driver will not be cited for an ELD violation by a safety official during this time.
All other hours of services requirements in Canada will continue to remain in force.
What does this mean for motor carriers moving passengers and/or goods in Canada?
If your commercial vehicles operate solely within province or territory, you will not be required to use an ELD until specific regulations are amended to mandate ELDs.
If your commercial vehicle operates outside of a province or territory, you will not be penalized in that jurisdiction for not using a certified ELD until June 12, 2022.
Motor carriers are encouraged to use the education period to ensure they are prepared for the ELD mandate in 2022.
If your commercial vehicles operate in a specific Canadian jurisdiction, it is your responsibility to verify the requirements regarding ELDs in these jurisdictions where you plan to move people or goods.
What ELDs can I use in these jurisdictions?
Until HOS regulations are changed in a specific jurisdiction, a device can continue to be used as an electronic means of recording HOS provided it meets the requirements of the specific HOS regulation in that jurisdiction.
After a specific HOS regulation is amended in a jurisdiction to align with the federal regulations, if an ELD is required, the device used must be certified by a 3rd Party accredited certification body and be posted in the list of certified ELDs on TC’s website.
TC is responsible for publishing the list of certified ELDs and providing information on the certification process, as well as accrediting 3rd Party certification bodies at their Electronic Logging Devices homepage.
How can a motor carrier be ready to transition to the ELD mandate?
Fleet Complete recommends that motor carriers start to prepare and adopt the ELD mandate promptly once certified ELDs are available.
It is further recommended that motor carriers research ELD device options in the marketplace, and ensure any procured ELD is a 3rd Party certified device as approved by TC.
The List of Certified ELDs can be found on TC’s website as they become certified.
BigRoad has a VP of Safety, Compliance & Regulatory Affairs on the team who is a renowned industry expert and has strong ties with Transport Canada and its certification partners.
As a Canadian company and industry veteran, we’ve been part of the conversation in developing Transport Canada’s ELD guidelines since the beginning.
Our teams have full visibility of the requirements and technical specification to reach certification.
Who benefits from the certification?
These guidelines were introduced at an opportune time. According to Canada Safety Council, 21% of fatal vehicle collisions are attributed to driver fatigue.
These regulations will help to increase road safety while helping to improve operational efficiency.
The safety of drivers and customers has always been Fleet Complete’s #1 priority, and it will remain that way.
Yes, we have Canadian-based facilities and employees to support our clients in English and French. This includes requirements associated with staff and driver training, documentation, and addressing current and future Canadian regulatory changes.
What are the technical requirements to have an ELD device certified in Canada?
Here is a list of some of the key requirements:
ELD synchronizes with the vehicle’s engine and includes GPS tracking.
ELD captures driving time automatically, including unidentified driving.
ELD lets drivers use special driving statuses, Yard Move (YM) and Personal Use.
ELD has a mechanism to verify logs and agree to edits.
ELD has an on-screen display to show inspectors at roadside.
Both jurisdictions can generate an output file for inspectors but will be displayed in different formats.
If you’re working with Transport Canada Certification Stakeholder Advisory Committee to develop and deliver a certification program, why aren’t you certified?
Transport Canada is taking a very stringent approach to the review process. The assessments are ongoing, and Transport Canada has yet to announce any approved ELD providers via it’s approved third party.
Which hardware will be supported?
Fleet Complete is committed to provide a variety of solutions to meet our diverse customer base and any sized fleet requirements. Our teams are working to prepare different hardware solutions for certification. You can be confident regarding the safety, functionality, and reporting accuracy of our devices.
Each jurisdiction will specify which vehicles are subject to the new rules. They will also specify which vehicles are exempt, if applicable.
ELDs are a tool that support the current HOS requirements. If a jurisdiction proceeds with implementing the use of ELDs for intra-provincial carriers it is likely that the jurisdiction would not change:
The current drivers that are required to follow HOS.
The current drivers that are required to complete and surrender a logbook.
The current HOS limits.
Jurisdiction would likely adopt:
The Canadian Council of Motor Transport Administrators CCMTA’s Technical Standard.
TC’s list of certified ELDs devices by Vendor.
Who has to comply with the requirements?
SOR/2005-313 prescribes what type of commercial vehicle will require an ELD in Canada.
Many jurisdictions have also committed to adopting ELDs in their regulations, so stay tuned for those specific announcements when they are made.
Where can I get specific Provincial and Territorial information on ELD?
For your convenience here are the specific jurisdictional websites and/or contacts:
What ELD exemptions are afforded to motor carriers?
Drivers of commercial vehicles that were traditionally exempt from completing a paper log, will also not be required to deploy and ELD.
One of the most common exceptions is for a driver who drives, or is instructed by the motor carrier to drive a commercial vehicle within a radius of 160 km of the home terminal.
In this case, the driver must return to the home terminal each day to begin a minimum of 8 consecutive hours of off-duty time.
If a driver sleeps in his sleeper berth or at a motel, the driver must maintain a record of duty status (RODS) log even if the driver stays within the 160-kilometre radius.
The motor carrier is also required to maintain accurate and legible records showing, for each day, the cycle the driver followed and on-duty times.
These specific records and the supporting documents must be kept for a minimum period of 6 months after the day on which each record was recorded.
Other HOS exemptions include a:
Truck, tractor, trailer, or any combination of them that has a registered gross vehicle weight less than 4,500 kg.
Bus designed & constructed seating capacity of less than 10 persons, including the driver.
There are also 4 specific ELD exemption in SOR/2005-313. Specifically these are where a commercial vehicle is:
Operated by a motor carrier under a permit.
Operated by a motor carrier to which an exemption has been issued under the Act.
The subject of a rental agreement of no longer than 30 days that is not an extended or renewed rental of the same vehicle: or
Manufactured before model year 2000.
Otherwise, a motor carrier operating commercial vehicles in Canada must comply with the CCMTA Technical Standards.
The ELD must be mounted in a fixed position during the operation of the commercial vehicle and be visible to the driver when in a normal driving position, unless otherwise exempt by regulation.
The ELD must also be designed so that its display may be reasonably viewed by an authorized safety official without entering the commercial vehicle. In such cases, and ELD display may be untethered from its mount or remain connected in such a way that would allow the device to be passed outside of the commercial vehicle for a reasonable distance to the safety official.
What do I have to do if I am currently using a BigRoad Electronic Recording Device (ERD) or ELD?
If you are an BigRoad user, you do not need to update or change your hardware or software provided you are operating with the latest versions.
The existing BigRoad equipment is functional with an over the air software update that you will have to enable ELD.
What should my driver to if he/she regular works within the 160 km radius, but is occasionally dispatched to pick up passengers or goods outside this radius?
Motor carriers and their drivers equally share responsibility to comply with HOS requirements.
In the specific case where a driver is occasionally dispatched to pick up outside 160 kms radius, the driver will have to comply with ELD on those days.
What this means is that the driver will have to have in his or her possession, a fully compliant ELD device. The driver will also need RODS for the previous 14 days to surrender to a safety official at roadside.
Given the heightened risk of non-compliance, BigRoad recommends that a driver follow the ELD requirements in all cases, so that on those days where the driver is not exempt, he or she will have all of the RODS already included in their ELD to surrender to a safety official at roadside upon request.
What is required of a typical long-haul driver who now is required by a motor carrier to operate a commercial vehicle within the 160 kilometres radius now?
Once this driver switches over to local runs, the driver will be exempt from surrendering a RODS to a safety official at roadside, and by virtue does not need an ELD.
The motor carrier must now maintain accurate duty status records for the driver for a period of six months.
These records will include the fully regulated RODS that were previously maintained by the driver when operating outside the 160-kilometre radius.
What specific HOS records must drivers keep in the vehicle to surrender to a safety official at roadside upon request?
In addition to the driver’s RODS that are generated from the ELD, the motor carrier must ensure that each commercial vehicle has an ELD Information Packet. The Packet shall include a current version of the following documents:
The BigRoad User’s Manual.
An Instruction Sheet that describes the data transfer mechanisms supported by the ELD.
The steps required to generate and transfer the driver’s RODS to a safety official.
Steps the driver has to take if the ELD malfunctions; and
A sufficient number of RODS to allow the driver to manually record the information required by regulation for the day in question and previous 14 days.
This is why it is so important that a driver always has a backup blank paper logs to fill out if/when an ELD has a malfunction.
What happens when a driver is no longer driving the commercial vehicle?
If a driver does not automatically switch duty status, an additional 6 minutes of driving can be added to their logbook.
When a vehicle stops moving, the driving duty status will remain and an alert will appear asking the driver to confirm if they have stopped driving and to update their duty status.
If the driver does not respond to the alert, and the vehicle continues to not be in-motion for 5 consecutive minutes, the ELD will prompt the driver to confirm as a driving status or to update their duty status.
If the driver does not respond to the ELD alert within 1-minute after, the ELD will automatically switch the driver’s duty status to On-Duty Not Driving.
When will the ELD start recording driving time?
An ELD will automatically start recording driving time when the commercial travels greater than 8 km/h.
If a driver is operating a commercial vehicle off a public highway, a driver can manually switch to Yard Move on his/her BigRoad device. The driver’s duty status will then change to On-Duty Not Driving during Yard Move until the vehicle exceeds a speed of 32km/h, of when the driver manually switches from Yard Move to another duty status.
What happens if a driver either decides or forgets to sign into the device prior to driving a commercial vehicle?
Drivers will receive an alert to log in the ELD device in order to comply with the ELD requirements.
If a driver has not authenticated into the ELD, as soon as the vehicle is in motion, the ELD will prompt the driver with a warning indicating the existence of new unassigned driving time.
The ELD will generate unassigned driving to an Unidentified Driver Profile. The driver can accept the unassigned driving if it belongs to him/her or the motor carrier will request that a driver accept this assigned unassigned driving or reject if it does not belong to him/her. Accepting unassigned driving will clear the Unidentified Driver Profile.
What happens if a driver is off duty and is required to move their vehicle at a truck stop, terminal, or other off highway location?
The driver could not select off duty Personal Use in Canada in this case unless he/she meets all of the following conditions.
1. The vehicle is not used in the course of the business of the motor carrier.
2. The vehicle has been unloaded.
3. Any trailers have been unhitched.
4. The distance travelled does not exceed 75 km in a day.
5. The driver had recorded in the daily log the odometer reading at the beginning and at the end of the personal use; and
6. The driver is not the subject of an out-of-service declaration
As an alternative, the driver could select Yard Move if the commercial vehicle is operating off a public highway. In this instance, the driver will be On-Duty Not Driving, even though the driver is actually driver the commercial vehicle.
If Yard Move is not selected as a duty status, the ELD will automatically record driving as soon as the vehicle exceeds the set speed threshold of 8 km/h.
Are there any limitations if a driver selects Yard Move as a duty status?
A Yard Move must only be selected by a driver as a duty status if the commercial vehicle is operating off a public highway.
Although there is no actual limit in distance or time for a driver to use Yard Move speed limit of the commercial vehicle cannot exceed 32 km/h. Should a driver travel faster than this speed, the ELD will automatically record driving time.
How does a driver choose the Yard Move duty status in the BigRoad ELD?
If a motor carrier allows a driver to select Yard Move, the BigRoad ELD will require the driver to indicate the beginning and end of a period of the Yard Move. The ELD must also require drivers to confirm if they want to remain in Yard Move after the engine turns off and then on again. If not confirmed by the driver and the vehicle is in motion, the ELD will default to the category “none”.
What is Unassigned Driving?
Unassigned Driving occurs when a vehicle is in motion, but no driver was logged into the ELD. The regulation requires that all unassigned driving be assigned to the Unidentified Driver Profile until the drive time can be assigned to the proper driver.
How long will the BigRoad ELD keep the Unassigned Driving?
For a period is 6 months.
What must a motor carrier and/or a driver do with unassigned driving time?
Motor carriers operating commercial vehicle equipped with an ELD will have to account for unassigned driving time that occurs when a vehicle is in motion and no driver is logged into the ELD. All unassigned driving segments will be assigned to an Unidentified Driver Profile, until the drive time is properly assigned to the driver who operated the commercial vehicle.
The driver will be prompted to either accept the unassigned driving time if it belongs to him/or reject it if the unassigned driving time belongs to another driver.
Motor Carriers are required by regulation to properly manage the unassigned driving time that remains outstanding.
How will drivers know that changes have been made to their RODS?
Drivers must be notified of any changes made to their RODS, and they have the ability to accept or reject log edits by a motor carrier.
What must a driver do when they are assigned Unassigned Driving Time by a motor carrier?
A driver must review and accept or reject the Unassigned Driving Time depending on the circumstances.
Can a driver reject Unassigned Driving Time that they inadvertently accepted?
Drivers have the ability to reject Unassigned Driving Time that was previously accepted by mistake. In this case, the original Unassigned Driving Time migrates back to the Unidentified Driver Profile until the proper driver accepts the Unassigned Driving Time.
Can Unassigned Driving be deleted by BigRoad ELD?
The BigRoad ELD does not allow automatically recorded driving time to be deleted or reduced.
ELD events recorded under the Unidentified Driver Profile can only be edited for the purpose of reassigning this time to the driver associated with driving.
A motor carrier will occasionally have non driving staff road test or move a vehicle with an ELD. How is unassigned driving time managed in this case?
It is recommended that an Exempt Driver Account be created for such non driving staff, so that unassigned driving time can be allocated to these staff.
Can I remove a driving time from my driver’s log?
An ELD can allow ELD records to be edited and/or reassigned only in very specific cases in order to:
- Assign Unidentified Driver time to another driver.
- Reassign Unidentified Driver time incorrectly accepted by a driver.
Reassign Unidentified Driver time when a team driver did not properly log out of device and drive time was assigned to the second driver.
Will a driver be able to edit their RODS?
The BigRoad ELD allows a driver to review, edit, and annotate their RODS after they do an edit.
How are drivers able to certify their RODS with BigRoad ELD?
BigRoad ELD allows a driver to certify their RODS at the end of a day.
When a driver the end of their day, they will be alerted to certify their RODS. A drivers can also manually certify RODS in the device. A driver will also get an alert when they sign into the device that RODS from the previous day(s) needs to be certified.
When can a drivers edit their RODS?
Drivers can edit RODS but:
Will not overwrite the original record.
Will not allow a driver to delete or shorten driving time.
Will prompt the driver to annotate edits.
Will not allow the ELD username associated with an ELD record to be edited and reassigned, except to:
Assign Unidentified Driver records.
Correct team driver errors.
Correct a non-authenticated driving segment accepted by mistake.
Must no allow edits or manual entries on an intermediate log, a driver’s login/logout activities, A CMV engine power up / shut down or ELD malfunctions and data diagnostic events.
If any edits are necessary after the driver certifies the RODS for a given day, the ELD will prompt the driver to re-certify the updated RODS.
Can the motor carriers edit a driver’s RODS?
Yes. If a motor carrier can request an edit(s) of a driver’s RODS, the BigRoad ELD allows the driver to review the requested edits and indicate on the ELD whether the driver confirms or rejects the requested edit(s).
RODS edits will not take place until the driver confirms them.
Will a driver get a notification from the BigRoad ELD before they reach a HOS maximum limit?
Yes. The BigRoad ELD will notify the driver at least 30 minutes in advance of reaching any duty-/driving-hour limitation in regulation.
The BigRoad ELD when the cumulative distance driven for personal use throughout the day exceeds the75 km daily maximum distance in regulation.
Finally, the BigRoad ELD will indicate which limit the driver is about to reach for the day, work shift, cycle and operating zone being used.
What are the different compliance malfunctions and diagnostic events?
A power compliance malfunction occurs when an ELD indicates an aggregated driving time understatement of 30 minutes or more over a 24-hour period across all driver profiles, including the unidentified driver profile. In such cases the ELD will record a power data diagnostics event.
An engine synchronization compliance malfunction occurs when an ELD looses connectivity for more than 30 minutes during a 24-hour period across all driver profiles, including the unidentified driver profile. In such cases the ELD will record an engine synchronization data diagnostic event.
A timing compliance malfunction occurs when an ELD can no longer meet the underlying compliance requirement with respect to an accurate external UTC source.
A positioning compliance malfunction occurs when an ELD fails to acquire a valid position measurement within 8 kilometers of the CMV’s movement when the elapsed time exceeds a cumulative 60 minutes over a 24-hour period.
A data recording compliance malfunction occurs when an ELD can no longer record or retain required events or retrieve records that are not otherwise catalogued remotely by the motor carrier. If the ELD stays in the unconfirmed
data transfer mode following the next three consecutive monitoring checks, the ELD must record a data transfer compliance malfunction event.
A data transfer compliance malfunction occurs when an ELD fails to confirm proper in-service operation of the data transfer mechanism(s). In such cases, the ELD must increase the frequency of the monitoring function to check at least once every 24-hour period. If the ELD stays in the unconfirmed data transfer mode following the next three consecutive monitoring checks, the ELD will record a data transfer compliance malfunction event.
Other ELD detected malfunctions are malfunctions that are not specifically listed above. IN such cases, an Other ELD identified diagnostic event will be recorded
What kind of malfunction indicators can a driver expect to see?
The BigRoad ELD provides a recognizable visual indicator and audible signal to the driver as to its malfunction status.
The visual signal is visible to the driver when seated in the normal driving position. The indicator is clearly illuminated when there is an active malfunction and it remains continuous while the ELD is powered.
What must a driver do when they notice a compliance malfunction and data diagnostic event?
As soon as a driver becomes aware of the malfunction or data diagnostic code, the driver is to notify the motor carrier as soon as the vehicle is parked.
The driver must then record in the RODS on the day the malfunction or data diagnostic code was noticed the following information:
The specific malfunction or data diagnostic code.
The date and time when the malfunction or data diagnostic code was noticed; and
The time when notification of the malfunction or data diagnostic code was transmitted to the motor carrier.
The driver must continue to record the code in the RODS everyday until the ELD is repaired or replaced.
The driver must complete a daily log for the day in question and the previous 14 days.
What must a carrier do when they are notified of a compliance malfunction and data diagnostic event?
The motor carrier must within 14 days after the day on which it was notified of an ELD malfunction or data diagnostic code by the driver, or otherwise became aware of it, or at the latest, upon return of the driver to the home terminal from a planned trip if that return exceeds the 14-day period, repair or replace the ELD.
Are they any other record keeping requirements that a motor carrier must comply with when a compliance malfunction and data diagnostic event occurs?
A motor carrier must maintain a register of ELD malfunction or data diagnostic codes for ELDs installed or used in commercial vehicles that it operates for which a malfunction was noticed.
The Malfunction register must contain the following information:
The name of the driver who noticed the malfunction or data diagnostic code.
The name of each driver that used the commercial vehicle following the discovery of the malfunction or data diagnostic code until the ELD was repaired or replaced.
The make, model, and serial number of the ELD.
The licence plate of Vehicle Identification Number of the commercial vehicle in which the ELD is installed or used.
The date when the malfunction or data diagnostic code was noticed.
The location of the commercial vehicle on that date.
The date when the motor carrier was notified, or otherwise became aware of the code.
The date the ELD was replaced or repaired.
A concise description of the actions taken by the motor carrier to repair or replace the ELD.
The motor carrier must retain this information for each ELD for which a malfunction was noticed for a period of 6 months from the day on which the ELD is replaced or repaired.
A vehicle equipped with an ELD is out of service, and the driver must now rent another vehicle that is not equipped with an ELD. What must a driver do comply with ELD and HOS?
A commercial vehicle that is subject of a rental agreement of no longer than 30 days that is not an extended or renewed rental of the same vehicle does not require an ELD.
The driver, unless otherwise exempt, must continue to comply with the HOS requirements. Therefore, the driver must complete a RODS for the day in question and previous 14 days to surrender to a safety official at roadside upon request.
Where can I find more information of the Canada ELD mandate?
More information is available at the Transport Canada ELD homepage and at the CCMTA Technical Standard for Electronic Logging Devices homepage, as well as the Summary of Amendments.
The above information is for informational purposes only, and should in no way be relied upon as legal advice.
Jun 24, 2021 Marc Moncion