Everything ELD: Canada
On June 12, 2019, Transport Canada — the Canadian government’s department responsible for developing transportation regulations and policies — released an amendment to the Commercial Vehicle Drivers HOS Regulations in the Canada Gazette, Part II. The amendment mandates that motor carriers and drivers maintaining daily paper logs for recording HOS will need to replace those paper logs with ELDs that have been tested and certified by an accredited, third-party certification body. Motor carriers must select, purchase, and install third-party, certified ELD devices in their commercial motor vehicles by June 12, 2021.
Canadian ELD resources:
• Similar to the underlying purpose of the ELD regulations adopted by the Federal Motor Carrier Safety Administration (FMCSA), the Canadian ELD rules standardize processes to prevent errors, logbook tampering, and driver harassment.
• Except for the addition of the ELD and other amendments, HOS regulations for commercial drivers in Canada remain mostly intact.
• The amendment will require replacing paper logs and upgrading existing electronic recording devices with a regulation-compliant ELD device that connects directly to the engine ECM.
• ELD devices in Canada will require compliance with the technical standards maintained by the Canadian Council of Motor Transport Administrators (CCMTA) and must be certified by an accredited third party. This is unlike the U.S. ELD Mandate that allowed ELD providers to self-certify their devices. U.S.-based carriers who operate in Canada will need to verify the devices they use to meet the U.S. ELD Mandate are also certified through the third-party, accredited certification process in Canada.
• The final Canadian ELD Amendment, as published on June 12, 2019, does not contain a grandfather clause allowing for the continued use of an existing electronic recording device beyond the compliance time of June 12, 2021.
• Canada will likely not approve exemptions to the same extent the U.S. has. As previously stated, the Canadian HOS regulations remain mostly untouched. The exceptions from the requirement for a commercial motor vehicle to be equipped with a certified ELD device are:
o When being operated under a permit;
o While being operated by a carrier to which an exemption has been issued under the Motor Vehicle Transport Act;
o Subject to a rental agreement of no longer than 30 days that is not an extended or renewed rental of the same vehicle; or
o When operating a commercial motor vehicle manufactured before model year 2000
Find answers to the most frequently asked questions on the Canadian ELD Mandate.
FAQs about the Canadian ELD Mandate
Find answers to the most frequently asked questions on the Canadian ELD Mandate.
The Canadian ELD Mandate is a Final Rule released by Transport Canada that effectively replaces paper logs and requires federally-regulated carriers to equip their vehicles with compliant, third-party certified ELDs. It was released on June 13, 2019. ELD devices in Canada must be 1) compliant with Technical Standards, which are compliance standards published in the Canadian ELD Mandate, and 2) be certified by an accredited third party.
The Canadian ELD Mandate will go into effect on June 12, 2021. By that point, all carriers required to comply with the Mandate must ensure their fleets are equipped with certified ELDs.
No. While Transport Canada has made amendments to HOS regulations in order to define compliance rules more clearly, HOS limits still remain the same for regulated carriers in Canada.
Transport Canada requires all ELDs be certified for use by an accredited third party. Motor carriers must ensure that their ELDs of choice have passed the third-party certification requirement before committing to an ELD for their fleet.
An ELD can produce and transfer ELD data records for the current 24-hour period a driver is operating a vehicle and the previous 14 consecutive days. An ELD must be capable of electronically transferring an ELD output data file to an authorized safety official by email. In addition to email transfer, it may also optionally transfer local data via USB or Bluetooth.
Not necessarily. The Canadian ELD Mandate includes additional requirements that require compliance with specific Canadian regulations. While many of the specifications laid out by Canada are identical to the U.S., there are some exceptions. As such, carriers operating in the U.S. and Canada will need to ensure their ELDs comply with those exceptions to operate in both countries.
The enforcement officer will review the driver's RODS to verify compliance with Canadian HOS regulations. The officer can review the RODS on display if the driver has a printout. The enforcement officer can also request a driver transfer their RODS electronically using the ELD output file as specified in the Technical Standard. The ELD will report all relevant information and data elements required for that current 24-hour period and the previous 14 consecutive days.
Commercial motor vehicle carriers are exempt from Transport's Canada mandated ELD rule if they:
-
Operate under a specific permit
-
Have a current statutory exemption
-
Are subject to a less than 30-day rental agreement
-
Are operating a vehicle manufactured before the year 2000
Commercial drivers in Canada can only go 75 kilometers/50 miles in a 24-hour period while traveling under personal conveyance. Once they exceed that driving time, their personal conveyance status will automatically switch to an On-Duty Driving status.
An ELD must only allow the driver to input information when the vehicle is stationary and the driver is not in an On-Duty Driving status.
Both a driver and an authorized carrier can make limited edits, such as correcting mistakes or adding information, to an ELD record or records. Any submitted amendments must include an annotation that justifies the amendment. Additionally, a driver must also submit their confirmation that a carrier edit is accurate.
A registered and certified ELD will automatically record the following:
- Date
- Time
- Location data (at 60-minute intervals when the vehicle is in motion)
- Engine hours
- Vehicles miles
- Driver, authenticated user, vehicle, and motor carrier identification information
An ELD must automatically switch to a driving status once the commercial vehicle is moving at five miles/eight kilometers per hour.
Not generally. However, there are limited exceptions that allow drivers or carriers to make limited fixes. This is only permissible in specific instances, such as when a driver mistakenly accepts a driving segment that doesn’t belong to them or as a correction of errors between team drivers.
ELD software can be on a smartphone, tablet, portable device, or another wireless device as long as the software meets technical standards laid out in the U.S. and Canadian ELD mandates. Any driver using a portable ELD must mount it in a fixed position visible from their normal seated position. It must remain mounted for the entirety of the time the driver is operating the vehicle.
Yes. An ELD must provide a mechanism for a driver to obtain a copy of the driver’s own ELD RODS in electronic or print form. The driver must not be required to go through a motor carrier to obtain a copy of their RODS if they reside or are directly accessible through the ELD.
An ELD must not allow more than one driver account to be created under the same driver name and license number. A motor carrier must also establish requirements for unique user IDs and passwords.
An ELD records location data at 60-minute intervals when the driver powers the vehicle on and off, begins driving the vehicle, changes duty status or operating jurisdiction, and indicates personal use or yard moves. If a driver is using the commercial motor vehicle for personal use, location data is not recorded.
Yes, a driver visiting from Mexico and operating in the U.S. or Canada must use a certified ELD in order to remain compliant with U.S. and Canadian federal regulations.
Yes, an ELD must be synchronized with the associated vehicle’s engine in order to automatically record engine power status, vehicle motion status, miles driven, and engine hours.
It is unclear when any of the provinces or territories will adopt the federal regulations and in what form. Each province and territory in Canada is currently going through the process to determine if, when, and how the Canadian ELD Mandate will impact intra-provincial carriers.
The use of Yard Moves in compliance with the Canadian ELD Mandate will come along with the specific ELD updates to your devices.
Per Transport Canada, “If a motor carrier authorizes a driver to operate a commercial vehicle for Yard Moves within a terminal, depot, or port and that is not on a public road, the motor carrier shall ensure that the driver's ELD has been configured so that the driver can indicate those moves." If Yard Move is indicated before moving a vehicle, the driver will automatically transition to Drive when the vehicle exceeds 32 km/h. There is no distance limitation.
While Transport Canada has included language in the new ELD regulations that would prevent the driver from doing this, the CCMTA has not developed the technical standard on accurately including additional hours not in the ELD. The requirement for the ELD to allow for entry of additional hours not in the ELD has been removed from the testing regime for certification. We have received confirmation drivers will be allowed to provide a mixture of records to complete the entire 14-day cycle at roadside until CCMTA provides the correct technical specifications and Transport Canada clarifies the timing for its implementation into the ELD and the subsequent re-certification testing requirements.
An ELD that shows it is experiencing a malfunction is not necessarily considered a "defective" device. However, a malfunction requires drivers and motor carriers to take specific actions as outlined in the regulations. A driver will be required to discontinue the use of an ELD that has malfunctioned and begin keeping logs using paper or an electronic recording device. This is true regardless of if or how the malfunction has impacted the ability of the ELD to accurately record the driver’s Records of Duty Status (RODS).
No, there is no requirement for the ELD to be hard-wired to the ECM. It is simply required to have a connection to the ECM. That may be accomplished in both wired and wireless modes.
The amendments to the regulations mandate the use of ELDs by drivers who are federally regulated and currently maintaining a daily log. If a driver is currently operating in compliance within a specific province or territory's regulatory requirements, there would be no change.
Both members of the team must be logged into the ELD. One log will be the primary (driver), and the other will be the co-driver. The ELD is capable of separately logging the activities of team drivers.
Yes, they can.
Drivers can use paper logs if the driver is not required to keep RODS, the vehicle being driven meets a specific exemption from the ELD regulations, or the ELD is malfunctioning. If the ELD is malfunctioning, the driver can also use an electronic recording device to maintain their RODS.
No. The HOS regulations do not change in Canada because of the ELD requirement.
The cost for device certification is contracted between the ELD provider and the accredited body. Neither Transport Canada nor CCMTA has anything to do with the cost to certify an ELD device.
The certification testing regime for Canada requires the placement of the On-Duty, Not Driving status at the point of the duty status change, regardless if it is manual or automatic. Drivers should make every effort to manually change their status from Drive to On-Duty, Not Driving if they have concluded the driving segment to prevent the loss of drive-time availability.
No. There is no requirement for the motor carrier to perform any tests. The ELD must self-monitor and report to the driver when the device is experiencing a diagnostic or malfunction event.
No. The ELD is not required to function if the vehicle is not powered; however, if a driver is required to use an ELD to maintain RODS, the driver must use the ELD to capture all duty status change events. The ELD may provide the option for the driver to use some ELD functionalites when away from the vehicle.
The regulations require the driver to certify their RODS after recording the last duty status change for the day. The ELD will prompt the driver with a reminder of this requirement. When a driver certifies their RODS, the ELD creates an event capturing the date and time the log was certified. This event becomes part of the driver’s ELD record and is visible to anyone authorized to review the driver’s RODS.
The majority of the regulations amending the Commercial Vehicle Drivers HOS Regulations, as published in Canada Gazette, Part II, Volume 152, Number 12, are dedicated to the Technical Standards for ELDs.
Data sharing: Data will need to be easily — and securely — shared with law enforcement in a standardized format to save time and reduce confusion. There is a requirement for a certified device to have a single-step method to electronically transfer RODS at roadside.
Logbook edits: Drivers will be able to edit their logs (with required annotations) and will be required to certify their RODS. Carriers will be able to suggest edits to a driver log; however, the edits suggested by the motor carrier will require the driver’s approval.
Data collection: Devices will collect additional data, including engine power status, vehicle motion status, vehicle location, engine hours, miles driven, driver CDL#, truck VIN#, and more.
Driver alerts: Devices will be required to prompt the driver(s) logging into a vehicle with a warning indicating the existence of new unassigned driving time and also alert the driver when a device malfunction is detected.
Driver duty status: In addition to the various duty statuses already provided for in the HOS regulations, the ELD will provide for the special driving conditions of On-Duty Yard Move and Off-Duty Personal Conveyance. Both of these special driving conditions allow for vehicle movement without counting against allotted drive time. In Canada, Personal Conveyance will be subject to the current limitations of the Canadian HOS rules.
External resources for the Canadian ELD Mandate
Visit Transport Canada’s official website to view real-time Canadian ELD updates, read through exemptions under the Motor Vehicle Transport Act, and more.
Gain valuable ELD FAQs, view the Technical Standard for ELDs, and more on the CCMTA’s official website.
U.S. ELD Resources
In 2012, the United States Congress enacted the “Moving Ahead for Progress in the 21st Century” bill, more commonly referred to as MAP-21.
That bill, which also outlined the criteria for highway funding, included a provision requiring the Federal Motor Carrier Safety Administration (FMCSA) to develop a rule mandating the use of ELDs.
Fleets had until December 2017 to implement certified ELDs to record HOS. Fleets that were already equipped with Automatic On-Board Recording Devices (AOBRDs) before December 2017 had until December 16, 2019, to ensure compliance with the published specifications.
Per the mandate, the following persons are not required to use ELDs:
-
Drivers who use paper logs no more than eight days during any 30-day period
-
Driveaway and towaway drivers transporting vehicle commodities, motor homes, recreational vehicle trailers (where one set of wheels of the transported vehicle must be on the surface while being transported)
-
Drivers operating vehicles manufactured before the model year of 2000
*Although these persons may be considered exempt, carriers are still encouraged to use ELDs even when not required.
Find answers to the most frequently asked questions on the U.S. ELD Mandate.
FAQs about the U.S. ELD Mandate
Find answers to the most frequently asked questions on the U.S. ELD Mandate.
The U.S. ELD Mandate is a federal government regulation that requires commercial drivers to use ELDs to record their Hours of Service (HOS). The Mandate has also established ELD performance and design standards, requires ELDs to be certified and registered with the Federal Motor Carrier Safety Administration (FMCSA), and establishes supporting documents drivers and carriers are required to keep with them. It also formally prohibits driver harassment regarding ELD data or connected technology and offers assistance to drivers who believe they are victims of harassment.
The FMCSA published the Final Rule on ELDs on December 16, 2015. The Mandate required commercial motor vehicle drivers to use either grandfathered AOBRDs or ELDs by December 18, 2017. The use of grandfathered AOBRDs was permitted for interim use during the following two years. As of December 16, 2019, all commercial motor carriers required to comply with the U.S. ELD Mandate must be using ELDs.
All commercial drivers driving in the U.S. required to maintain RODS must comply with the Mandate unless they have special permissions granted through a temporary waiver or exemption from the FMCSA.
Per the Mandate, the following persons are not required to use ELDs:
-
Drivers who use paper logs no more than eight days during any 30-day period
-
Driveaway and towaway drivers transporting vehicle commodities, motor homes, recreational vehicle trailers (where one set of wheels of the transported vehicle must be on the surface while being transported)
-
Drivers operating vehicles manufactured before the model year of 2000
*Although these persons may be considered exempt, carriers are still encouraged to use ELDs even when not required.
Is the motor carrier or driver responsible for ensuring they have a registered ELD?
Either the motor carrier or owner-operator is responsible for ensuring their fleet is equipped with registered ELDs. Although the FMCSA will attempt to notify affected users on the removal of any registered ELDs, motor carriers are responsible for periodically looking through the registration and revocation list to ensure compliance. That list can be found here.
An ELD can produce and transfer ELD data records for the current 24-hour period a driver is operating a vehicle and the previous 7 consecutive days. An ELD must electronically transfer data to an authorized safety official using a predefined method established by the ELD provider using either a telematics or local method of transfer.
A driver using an ELD must have an ELD information packet with them at all times while operating a commercial motor vehicle. Any or all items may be maintained electronically. The packet must contain the following items:
-
The user manual for the ELD being used
-
An instruction sheet describing ELD-supported data transfer mechanisms and step-by-step instructions to produce and transfer the driver's HOS records to an authorized safety official
-
A driver instruction sheet that contains ELD malfunction reporting requirements, including recordkeeping procedures during ELD malfunctions
-
A minimum of 8 days' worth of blank RODS graph-grids
Every motor carrier must retain ELD RODS data, including back-up data, for a minimum of six months. The back-up copy must be stored on a separate device. All kept records must be stored in a manner that protects driver privacy. A motor carrier must also retain a maximum of eight supporting documents for every 24-hour period a driver is on duty. A driver must submit their RODS and supporting documents to their motor carrier no later than 13 days after receiving them.
The driver must record the driving time as Off-Duty Personal Conveyance time on their ELD. There is no time limit on personal conveyance in the U.S.
Both a driver and an authorized carrier can make limited edits, such as correcting mistakes or adding information, to an ELD record or records. Any submitted amendments must include an annotation that justifies the amendment. Additionally, a driver must also submit their confirmation that a carrier edit is accurate.
A registered and certified ELD will automatically record the following:
- Date
- Time
- Location data (at 60-minute intervals when the vehicle is in motion)
- Engine hours
- Vehicles miles
- Driver, authenticated user, vehicle, and motor carrier identification information
An ELD must automatically switch to a driving status once the commercial vehicle is moving at five miles/eight kilometers per hour.
Not generally. However, there are limited exceptions that allow drivers or carriers to make limited fixes. This is only permissible in specific instances, such as when a driver mistakenly accepts a driving segment that doesn’t belong to them or as a correction of errors between team drivers.
ELD software can be on a smartphone, tablet, portable device, or another wireless device as long as the software meets technical standards laid out in the U.S. and Canadian ELD mandates. Any driver using a portable ELD must mount it in a fixed position visible from their normal seated position. It must remain mounted for the entirety of the time the driver is operating the vehicle.
Yes. An ELD must provide a mechanism for a driver to obtain a copy of the driver’s own ELD RODS in electronic or print form. The driver must not be required to go through a motor carrier to obtain a copy of their RODS if they reside or are directly accessible through the ELD.
An ELD must not allow more than one driver account to be created under the same driver name and license number. A motor carrier must also establish requirements for unique user IDs and passwords.
An ELD records location data at 60-minute intervals when the driver powers the vehicle on and off, begins driving the vehicle, changes duty status or operating jurisdiction, and indicates personal use or yard moves. If a driver is using the commercial motor vehicle for personal use, location data is not recorded.
Yes, a driver visiting from Mexico and operating in the U.S. or Canada must use a certified ELD in order to remain compliant with U.S. and Canadian federal regulations.
Yes, an ELD must be synchronized with the associated vehicle’s engine in order to automatically record engine power status, vehicle motion status, miles driven, and engine hours.
External resources for the U.S. ELD Mandate
Visit the FMCSA’s official site to gain official ELD information, updates on HOS regulations, international HOS regulations, ELD FAQs, and more.
Read through the full ELD Final Rule released by the FMCSA and the U.S. Department of Transportation.
Speak to an ELD specialist today
Complete the form to have a sales representative contact you, or call +1 (800) 348-7227 for more information.