What is an ELD?
As of June 12, 2021, revisions to the federal Commercial Vehicle Drivers Hours of Service Regulations (CVDHOSR) mandate the utilization of Electronic Logging Devices (ELDs) for commercial motor vehicle drivers crossing provincial/territorial borders. This FAQ serves to illuminate key facets of the mandate, recent updates, and implications for carriers operating in Alberta.
1. What is an ELD? An ELD, as defined by the federal CVDHOSR, is a certified device designed to automatically record a driver's driving time and facilitate the documentation of the driver's duty status. By connecting to a vehicle's electronic control module, it enhances accuracy and compliance with Hours of Service (HOS) regulations.
2. Federal Carriers Operating in Alberta: Federally regulated carriers can operate penalty-free in Alberta until January 1, 2023, adhering to conventional hours of service requirements. However, they are obligated to install certified ELDs in commercial vehicles exceeding 4,500 kg or having a seating capacity of 11 passengers, as these devices become available.
3. Exemptions from the Federal ELD Mandate: Several exemptions exist, including provincially regulated carriers, federally registered vehicles with restricted weight within a 160 km radius of the home terminal, buses with 11 passengers operating within a 160 km radius, vehicles under an Oilwell Service Vehicle Cycle Exemption permit, farm vehicles with 3 or fewer axles, and emergency vehicles.
4. Alberta Regulated Carriers: Provincially regulated carriers under AR 317/2002 are not obligated to adopt ELDs. Electronic or paper daily logs remain acceptable under current regulations.
5. Current Use of ELDs in Alberta: ELDs are permissible in Alberta if they comply with relevant regulations (Federal vs. Provincial driving limits). Provincial carriers must use devices meeting the criteria for an "automatic on-board recording device" specified in the regulations.
6. Record Retention Requirements: Record retention requirements are consistent, with carriers mandated to preserve a driver's daily logs for at least 6 months.
7. Enforcement of ELDs: Alberta Transportation participates in the CCMTA – ELD Enforcement Working Group. Enforcement activities emphasize education and awareness until January 1, 2023, affording the industry time for compliant ELD installation and training.
8. Transition from Paper to ELD: Transitioning to ELDs necessitates training for both drivers and carriers. Section 86(1) prohibits possession of more than one daily log, except for testing purposes, with a clear declaration on the ELD during the testing period (not exceeding 14 days).
Driver Responsibilities
responsibilities of drivers regarding Electronic Logging Devices (ELDs) in Canada are outlined in the regulations set forth by Transport Canada. Here are some key driver responsibilities related to ELD usage:
Operating ELDs: Drivers are responsible for operating the ELDs in their vehicles in accordance with the regulations. This includes understanding and using the ELD's features and functionalities to accurately record and manage their hours of service (HOS).
Logging In and Out: Drivers must log in and out of the ELD system appropriately. This includes accurately indicating the start and end of duty periods, breaks, and other status changes.
Reviewing and Certifying Records: Drivers are required to regularly review their ELD records to ensure accuracy and completeness. They must certify that the information recorded by the ELD is true and correct.
Handling Malfunctions: In the event of an ELD malfunction, drivers are responsible for reporting the issue to their carrier within a certain timeframe. During a malfunction, drivers are expected to maintain records manually in compliance with HOS regulations until the ELD is repaired or replaced.
Understanding ELD Data: Drivers should have a basic understanding of the data recorded by the ELD, including how to access and share it with enforcement officials during inspections.
Carrying ELD Documentation: Drivers must carry documentation related to the ELD, including instructions on using the device and procedures for data transfer, to provide to enforcement officials upon request.
Training and Familiarity: Carriers are responsible for providing training to drivers on the proper use of ELDs. Drivers should be familiar with the features of the specific ELD installed in their vehicles.
It's important to note that regulations and requirements may change, so it's advisable to check for the latest information from authoritative sources, such as Transport Canada or relevant provincial/territorial authorities. Additionally, consulting with legal or regulatory experts can provide the most accurate guidance on driver responsibilities for ELD usage in Canada.
Carrier Responsibilities
carrier responsibilities regarding Electronic Logging Devices (ELDs) in Canada are outlined in the regulations set forth by Transport Canada. Here are key responsibilities for carriers related to ELD usage:
Procuring Certified ELDs: Carriers are responsible for ensuring that they use certified ELDs that comply with the technical specifications outlined in the Canadian Council of Motor Transport Administrators (CCMTA) ELD Technical Standard.
Installation and Maintenance: Carriers are responsible for the proper installation and maintenance of ELDs in their fleet of commercial motor vehicles (CMVs). This includes ensuring that the devices are in good working condition.
Providing Training: Carriers must provide training to drivers on the proper use of ELDs. This training should cover operating procedures, data transfer methods, handling malfunctions, and other relevant aspects of ELD usage.
Handling ELD Malfunctions: In the event of an ELD malfunction, carriers are responsible for addressing the issue promptly. This may involve repairing or replacing the malfunctioning ELD and ensuring that drivers are aware of the proper procedures for recording hours manually during the malfunction.
Monitoring Compliance: Carriers are responsible for monitoring and ensuring that their drivers are in compliance with hours of service (HOS) regulations through the use of ELDs. This includes reviewing ELD records to verify accuracy and completeness.
Recordkeeping: Carriers are required to keep records related to ELD documentation, including instructions for drivers, documentation of ELD malfunctions, and procedures for data transfer to enforcement officials.
Cooperation with Inspections: Carriers should cooperate with inspections by enforcement officials. This includes ensuring that drivers can readily provide ELD records for inspection and that the carrier has the necessary documentation available.
Ensuring Data Accuracy: Carriers are responsible for ensuring the accuracy of data recorded by ELDs. This involves addressing any discrepancies or errors promptly.
It's important to note that regulations and requirements may change, so carriers should stay informed about any updates or amendments to the regulations from authoritative sources, such as Transport Canada or relevant provincial/territorial authorities. Additionally, consulting with legal or regulatory experts can provide the most accurate guidance on carrier responsibilities for ELD usage in Canada.