Electronic Logging Devices: Canada ELD Mandate Enforcement Delays

Canadian businesses in the transportation or trucking industry, or at least those that need to track Hours of Service, should be well aware by now that ELD mandate enforcement began on January 1, 2023.  To avoid violations, fines, and potential vehicle detention, these companies must find a certified Electronic Logging Device to collect and record driver/vehicle data. However, smaller businesses with limited fleets find that they’re being required to comply, but their options are limited when it comes to locating an economical alternative to abide by the law.

The Canadian Council of Motor Transport Administrators (CCMTA)  is an “incorporated body that coordinates matters dealing with the administration, regulation, and control of motor vehicle transportation and highway safety.” Any questions regarding the ELD mandate can be directed to the CCMTA, but specific ELD provider information must be sought out and investigated by the individual. When it comes to initial implementation, these three things should be taken into account:

• • Not all ELDS certified in America will meet Canadian technical and HoS requirements 
  • Current ELDs will require a software update to meet certification requirements 
  • Canadian ELDs also need to be recertified annually by one of the three certifying bodies (AB, ON,QC) 
  • ELDs not required in Québec until April 30 due to administrative delays

Titan GPS offers two different certified ELD devices, that are listed on Transport Canada’s list of certified electronic logging devices, which cater to small and large fleets of vehicles. Here are a few questions we had for the CCMTA about the strife they’ve been seeing from Canadian citizens who are a bit behind schedule when it comes to the ELD integration.

What’s the most common question from Canadian fleet owners regarding the ELD mandate?

The main point to understand is that if your business had to comply with the HoS regulations on paper, you still have to comply with them now. The move to digital logs is required. Don’t wait for a letter coming from Transport Canada or any other governing body, it’s not coming. The past few relief periods we’re provided to Canadian fleet owners so they could educate themselves and prepare their drivers, vehicles, and business for ELD enforcement. Many of the calls the CCMTA is receiving are from small business owners who maintain affordable paper logs but didn’t know they had to upgrade to a more expensive, electronic solution. 

That being said, it isn’t hard to believe that the most common question among those callers is “What ELD should I get?” TC’s list of certified ELDs provides 78 options to investigate, but many of the options require some sort of live chat, phone call, email, or demo to get an idea of pricing. Even scheduling a few meetings to discuss pricing can be a hassle, and it becomes even more frustrating when learning the additional costs they’ll be incurring. Smaller fleets with 1-5 vehicles feel this requirement will be financially detrimental to their businesses, even if it results in savings down the road. 

Due to the inclusive packages featuring GPS location tracking, digital document creation, and more, ELD providers typically offer bundled features that cater to a variety of businesses. These subscription-based ELDs can be intimidating to a business with only a few vehicles, such as a family-owned fleet where the wife manages her husband’s fleet data tracking and records. If you’re looking for an affordable Canadian ELD for small fleets, Titan GPS has two reliable, certified devices that keep installation costs and monthly subscription fees to a minimum.

ELD-Ready TT1800 w/ BLE Connectivity	ELD-Ready TT6000 LTE Device

What are the natural/ unnatural hurdles of ELD compliance for businesses? 

Many transportation and trucking companies in Canada are calling their vendors and complaining about unidentified driving time. Since many drivers aren’t used to a certified log with a 14-day ELD, they’re becoming frustrated with swapping formats. One main benefit of making the switch means drivers, or carriers, can no longer cook the books. With paper logs, drivers can easily alter their numbers, potentially voiding the initial time. By implementing an ELD, the recorded driving status can’t be erased, but annotations can be left for requested changes.

In addition to managing elogs, maintaining a Record of Duty Status is also required. This RODS submission process is an entirely different system with a learning curve of its own and even law enforcement officers in Canada need to be trained on how to navigate it. Drivers who work for multiple carriers should be aware that each vehicle must have its own certified ELD.

Also, each set of RODS, if working for multiple carriers, must be certified by the driver and provided at the time of inspection. However, they will not be penalized as long as the records match up, and drive time, on-duty / off-duty time, sleep berth, and ferry times are kept separate for each vehicle. Since RODS can be 40, 60, or even 100 pages long, there’s a lot of room for error, making electronic logging even more beneficial.

What is the CCMTA worried about, and what are the biggest hurdles? 

Since the CCMTA is a forum for conversation, they field the questions coming from the public and distribute them to the proper jurisdictions. However, a growing issue within the enforcement community is the ability to access and navigate a Public Key Infrastructure (PKI). In order to keep RODS safe from tampering, along with protecting personal driver data, each officer must access the information via departmental email that’s uploaded to the LDAP (Lightweight Directory Access Protocol) server. By accessing their verified key within the LDAP server, they’re able to communicate with the personal driver information stored within the RODS.

However, if the email is not previously set up or there is an error, the server is forced to send the confirmation response to a “ghost email” or non-existent destination. This discrepancy prevents the officer from accessing a unique certificate that can encrypt the driver information in the RODS. It’s vital that all new and existing enforcement officials make sure they properly set up their emails in the LDAP server properly submit a violation and issue corrective citations.

What are the biggest consequences of non-compliance? 

In Ontario, for example, fines that concern ELD/HoS non-compliance range from $250 to $400. We’ve put together a PDF of ELD set fines and offences, if you’re interested in learning more. However, if a driver is cited for a federal violation, those fines can cost thousands of dollars. Be sure to educate drivers accordingly depending on whether they’re intraprovincial, extraprovincial, or throughout multiple countries. For the time being, drivers/vehicles will not be forced into an out-of-service status, but after multiple offences a regulatory shutdown can be initiated.

What’s the easiest/quickest way to become ELD compliant in Canada? 

Begin the elimination process by locating the aforementioned list of certified Canadian ELD devices to start making calls and sending emails. There’s currently no straightforward method or itemized list for pricing for various fleet sizes. It’s best to find a provider with 24/7 support in a language your drivers use. Make sure the providers have Android and iPhone apps to appease smartphone users of all types while ensuring that the commercial motor vehicles your team uses have communication protocols that are ELD compliant. You can learn more by viewing the Technical Standard for Electronic Logging Devices published by the CCMTA in 2020.

Are there ways around ELD implementation? 

Exemptions to the Canada ELD mandate aren’t handed out lightly, they must be applied for and then renewed every three years. As always, provincial ELD regulations can differ, so that causes a variance in exemptions as well. Some of the current ELD exemptions apply to:

• Drivers that only travel within a 160 km radius of their home terminal
• Drivers that return home every day with at least 8 back-to-back hours of off-duty time
• Vehicles being driven aren’t covered by an exemption permit for driving hours and off-duty time
• Specific business natures, such as those of the Canadian Pacific Railway

*Ontario has some electronic logging exemptions for truck drivers traveling within the province, but those traveling outside of the province should understand the requirements of the provinces they travel within.

Is the entire province of Québec not enforcing the mandate until June 1, 2023, due to administrative delays? 

The decision was delayed due to the election. When Québec posted its gazette on the mandate, it received a lot of comments and social buzz. They’re currently working through the issues and concerns with how the mandate will apply, and to whom. A lot of industries have asked for an exemption, and they’re working through them to categorize them in a provincially-specific context. They are not enforcing federal regulation, since their own plan closely mirrors that of the federal Canadian government. It’s important for those invested to review provincial regulations when the legislation is finally published, it will state the actual enforcement date along with the fine print.

What should American cross-border transport companies with U.S.-certified ELDs be aware of when passing into Canada? 

American truckers that frequently pass Canadian borders should be aware that they will be held to the same requirements that Canadian federally regulated motor carriers are. If they don’t have a certified Canadian ELD, they will be issued citations. Also, the exemption for the U.S. that allows trucks with engines built post-1999 is not the same in Canada (specifically in the case of the Alaskan highway), so drivers in that situation must beware. Some other specifics for American ELD users transporting into Canada are:

• There are no current ELDs certified for a mechanical engine, most are phased out but this is becoming a common issue
• There are no current ELDs certified for electric trucks or hydrogen fuel cell engines
• By 2035, Canada plans to go all-electric by preventing the sale of gas-powered vehicles
• Autonomous truck motor carriers must first comply with the CMV Inspection Program and should take note of any potential ELD rules in the future

ELD Similarities and Differences between the United States & Canada

While it’s helpful to fleet owners, drivers, and enforcement officers to understand the differences in ELD enforcement among North American countries, it’s even more essential for those traveling across borders. Apart from the minor translation from metric to imperial, some regulatory distinctions must be understood. Here are a few key similarities between the U.S. and Canadian ELD mandates: 

• Log edits are not able to be made in a digital space
• ELDs must unwaveringly sync with the engine and vehicle diagnostics 
• Unassigned driving for required vehicles is strictly prohibited
• Special driving statuses like yard moves and personal use can be found in both countries
• The mandate applies (in most situations) to vehicles with the model year 2000 or later

Some of the differences that apply to Canada but not the U.S. include:

• Rental trucks used for 30 days or less are exempt 
• Drivers who “pick up” incorrect unassigned driving time can “put it back” if they incorrectly assigned it to themselves 
• The personal use option must be disabled if the driver has used 75 km a day 
• ELDs must warn drivers when they are running out of Hours of Service 
• The roadside transfer feature will send a data package to an email address that is typed in by the driver which will include a PDF file of the logs and a CSV file that can be exported

As of February 2023, Canadian ELD enforcement and violation procedures are still being fleshed out. This has called for more thorough evaluations of certified ELDs, and in some cases, the FMSCA has revoked certifications. Users of ELD ONE, Nationwide ELD, or any other device on the revoked list in the future must temporarily revert back to paper logs until a new, compliant solution is found.

Current Provincial ELD Fines

While drivers traveling through multiple provinces must abide by federal regulations, provincial drivers must be aware of the violations that can occur in their area of operations. Here’s a list of provincial ELD violations for a majority of the provinces in Canada:

• British Columbia 

There are currently no fines or points being distributed as the province is still awaiting Transport Canada’s final enforcement protocol.

• Alberta

Fines and violations are currently being handed down by judges in court, as opposed to police officers in the field. First-time offences for ELD non-compliance are a minimum of $300 for the driver and $500 for the carrier.

• Saskatchewan

Commercial vehicle drivers and carriers are cited by law enforcement officers during an inspection or traffic stop. Provincial carriers that follow the Commercial Vehicles Hours of Service regulations are not currently obligated to use an ELD. However, federal drivers/carriers in the province without an ELD will be charged with a violation. The federal Contraventions Act will soon include a set fine amount for provincial commercial vehicles operating without a certified logging device.

• Manitoba

All commercial vehicle drivers are expected to be ELD compliant or they face a first-time fine of approximately $300.

• Ontario

ELDs should be implemented in commercial vehicles and non-compliant parties will be fined anywhere from $250-$400, with charges for HoS-related violations being from $250 to $20,000.

• Québec

The Minister of the Province of Québec announced on January 24th that enforcement of the legislation has been delayed to April 30, 2023. Règlement sur les heures de conduite et de repos des conducteurs de véhicules lourds – Le dispositif de consignation électronique obligatoire à compter du 30 avril 2023 Gouvernement du Québec. (quebec.ca)

• New Brunswick

Compliance officers are able to cite commercial drivers without ELD fines in the amount of $140 plus additional fees. Should the issue get taken to court, judges can foist a fine of $140 to $1,100 with drivers and carriers potentially losing three and five points respectively.

• Nova Scotia

While there aren’t currently any fines or points to be distributed, the Commercial Vehicle Drivers’ Hours of Service regulations with amendments to include ELD requirements for Federal carriers (beginning at Section 37) were posted in January: Commercial Vehicle Drivers’ Hours of Service Regulations – Motor Vehicle Act (Nova Scotia); and for bus operators Board Motor Carrier Act Hours of Service Regulations – Motor Carrier Act (Nova Scotia) apply as well as Commercial Carrier Safety Fitness Rating and Compliance Regulations with pointing systems assigned for ELD violations. This “soft enforcement” period is said to last through June 30, 2023, with a new mandate date set at January 1, 2024.

• Newfoundland & Labrador

Transport Canada’s Commercial Vehicle Drivers Hours of Service Regulations are being fully enforced.

• Prince Edward Island

ELD fines issued for violations that don’t end up in court will be approximately $200.

• Northern Territories

Full ELD enforcement is in effect for provincial and federal carriers/drivers.

Goals of ELD Enforcement

As humans, change isn’t typically welcomed. We like things to go smoothly while maintaining consistency and profitability. The first few months of ELD mandate enforcement may be rough for smaller businesses that can’t see the benefits to safety and workflow optimization, as well as larger companies that feel implementation on a huge fleet of vehicles will be daunting. However, the law is the law and before you or your drivers start getting cited for non-compliance, it’s best to gear up. With that in mind, keep these few things front of mind when wondering “Why do I have to do this?”

ELD enforcement was set in place to:

• Improve road safety and eliminate fatigue: 25% of violations are due to drivers running over the Hours of Service limit. 
• Curb unfair competition: Everyone will now be legally required to follow the regulations.
• Improve efficiency: ELDs should save time compared to paper logbooks. 
• Lead to harmonization: The mandate will align provinces and federal rules as much as possible.

If you own or operate a Canadian fleet-centric business, be it mixed fleets, small vehicles, or large trucks, and are looking for a certified ELD provider, the team at Titan GPS is fully prepared to help you track HoS within your country or throughout North America. Book a quick demo with one of our specialists and prevent any nonsense from enforcement that may be coming your way.