The Canadian ELD Rule is Final: What you need to know

The Canadian ELD rule is largely aligned with U.S. ELD requirements and affects 157,424 federally regulated commercial drivers in Canada, including the 20% to 30% of U.S.-based fleets that regularly cross the border. However, ELD compliance in the U.S. does not automatically mean compliance in Canada.

The technical requirements for the standard are available on the Canadian Council of Motor Transport Administrators (CCMTA) website.

Key Takeaways

Third-Party Certification

Transport Canada requires each ELD to be certified by an accredited certification body. Make sure this is part of your ELD provider’s roadmap. If a vendor claims to already meet these requirements without certification, that should raise concerns about your path to compliance.

Compliance Deadline

Fleets were required to comply with the mandate by June 12, 2021. The 24-month implementation period allowed time for Canadian ELDs to be tested and certified and for fleets to select and properly install them in their commercial motor vehicles (CMVs). Unlike in the U.S., there was no grandfather clause for AOBRDs.

• Important note: Once the CCMTA certification process was completed, ELDs could be tested and certified for use in Canada.
• Fleets were encouraged to work with ELD vendors involved in the certification process.

Canadian ELD Exemptions

There are four main exemptions to the Canadian ELD requirement:

1. CMVs operated under an hours-of-service permit issued pursuant to the Regulations by a director under the Regulations.
2. CMVs operated under a statutory exemption, similar to U.S. short-haul rules.
3. CMVs subject to rental agreements for a term of 30 days or less. This differs from U.S. rules, which allow 8 days.
4. CMVs manufactured before the year 2000.

What Happens If the ELD Malfunctions?

In the event of an ELD malfunction, a driver may use paper daily logs for up to 14 days; under U.S. rules, the limit is 8 days. The ELD must be repaired or replaced and fully functional before the vehicle and device are dispatched on another trip.

Roadside Enforcement

Unlike the U.S., Canada does not rely on the same data-transfer infrastructure for roadside enforcement. As a result, the driver’s record of duty status must be available through a display or printout from the ELD. Upon request, the record must also be emailed to an address provided by the inspector. Display and printout requirements are outlined in the technical standard and are broadly similar to U.S. requirements.

Other Key Differences

Engine Synchronization Compliance Monitoring

The ELD must monitor the data it receives from the engine ECM or alternative sources and establish a link to the ECM within 60 seconds of the need. Under the U.S. rule, that threshold is 5 seconds.

Driver Indication of Situations Affecting Driving Time Recording

An ELD must allow the driver to indicate the beginning and end of a period when the CMV is being used for authorized personal use or yard moves.

Driver Indication of Situations Affecting Off-Duty Time Requirements

An ELD must allow the driver to indicate when daily off-duty time is being deferred to the following 24-hour period.

Situations Affecting Duty- and Driving-Hour Limits

An ELD must provide a way for the driver to indicate a cycle change.

Driver Notifications for HOS Limits

• If the driver has indicated authorized personal use of the CMV, the ELD must notify the driver when cumulative personal-use driving distance within the 24-hour period exceeds the maximum allowed under current hours-of-service regulations.
• An ELD must notify the driver at least 30 minutes before the driver reaches any duty- or driving-hour limit defined by the HOS regulations.
• The ELD must also clearly indicate which limit the driver is about to reach for the current 24-hour period, work shift, or cycle.

For additional details, review the CCMTA FAQs.