• FAQ about ELDs in Canada
Last update: May 20, 2021
The following are frequently asked questions concerning Canadian ELD regulations.
They cover different aspects, varying from compliance to the everyday use of the devices.
Activating ELD compliance for drivers
My highway driver will become a local driver in 3 months. Will this driver have to remain ELD compliant?
If the work of a local driver does not require a logbook, the driver can be exempt from ELD compliance in the driver profile.
What happens if a driver needs to go further than the 160 km or cannot return to the home terminal after having started the day using the 160 km exemption?
The carrier and drivers are responsible for identifying when the driver will go beyond the 160 km radius from the home terminal and to respect the ELD regulations that apply.
If this is not identified in advance and the driver ends up exceeding the 160 km condition, he must use the ELD to his record hours of service using the feature described in the Technical Standard 4.3.2.2.4, c). (1), Option 2.
This option requires an ELD to include a feature for indicating “additional hours not recorded since the driver was not required to keep a RODS immediately before the beginning of the day.” The driver will be prompted to enter the date and time for beginning and end of the work shift, and the total hours of on-duty and off-duty statuses.
If a driver is not subjected to the Canadian ELD regulation, can they still complete their logs in an electronic logbook?
With the objective of standardizing and facilitating follow-ups, you could still decide to activate ELD compliance for all your drivers.
Otherwise, you could activate the HOS option without subjecting the driver compliant to ELD regulations.
If you activated the ELD option by mistake, you can exempt your driver.
If you activated the ELD option by mistake, you could exempt your driver. If you exempt your driver however, you must fulfill the Technical Standard requirements pertaining to exemptions in section 4.3.3.1.2, d). It indicates that “…The ELD must continue to record ELD driving time but suspend detection of missing data elements data diagnostic events…”.
Which drivers can be exempted from the Canadian ELD regulation?
You must keep in mind that the rules requiring a driver to maintain a logbook have not changed with the arrival of the Canadian ELD regulation. A driver that was required to complete a logbook before the ELD regulation will now have to complete their logbook on the ELD. Make sure you consult the federal and/or provincial regulation that applies to your company to determine which drivers must complete a logbook.
However, the Canadian ELD regulation stipulates that a motor carrier shall ensure that each commercial vehicle that it operates is equipped with an ELD that meets the requirements of the Technical Standard, with the exception of commercial vehicles that are
- operated by a motor carrier under a permit issued by Federal, Provincial or Territorial authorities;
- operated by a motor carrier to which an exemption has been issued under the Act: the commercial motor vehicle is driven within a 160 km radius from home terminal for drivers returning home every night (drivers can continue with their simplified log)
- under a rental agreement of no longer than 30 days that is not an extended or renewed rental of the same vehicle
- manufactured vehicle before model year 2000.
Becoming ELD Compliant
What documentation must drivers keep in the vehicle?
The motor carrier shall ensure that each commercial vehicle that it operates carries an ELD information packet containing a current version of the following documents:
(a) a user’s manual;
(b) an instruction sheet for the driver describing the data transfer mechanisms supported by the ELD and the steps required to generate and transfer the data with respect to the driver’s hours of service to an inspector;
(c) an instruction sheet for the driver describing the measures to take if the ELD malfunctions; and
(d) a sufficient number of records of duty status to allow the driver to record the information required under section 82 for at least 15 days.
Is my province adopting the same position as Transport Canada?
Federal authorities have announced a progressive reinforcement of the regulations.
Each provincial authority must now decide the next step for their province.
Note that even if your province does not enforce ELD compliance in June 2021, you must still comply with the rules in effect in all the other provinces you service.
As provincial and federal authorities move towards the end of the progressive implementation, all interprovincial motor carriers will have to comply with ELD regulations. Intra-provincial carriers must refer to their provincial regulations.
When must we be compliant to the Canadian ELD regulation?
Transport Canada has announced the effective date of June 12th, 2021, although it recently announced progressive enforcement of regulations. As of May 5th, 2021, the Canadian Council of Motor Transport Administrators (CCMTA) said in a statement: “Jurisdictions plan to support the mandate through a period of progressive enforcement without penalties, including elevated education and awareness.”
The terms of the progressive enforcement will become available as the different authorities publish them. You must be alert to a new announcement from the federal and provincial/territorial authorities on this matter as some of them have their own regulations.
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As a motor carrier, how can I be sure an electronic logging device (ELD) is compliant?
Transport Canada will maintain a list of electronic logging devices (ELD) certified by an accredited certification body at the following website: List of certified electronic logging devices (canada.ca)
Are all motor carriers required to comply with the ELD regulation? Do I need to equip all my vehicles with an ELD?
The federal regulations stipulate that a motor carrier governed by federal regulations shall ensure that each commercial vehicle that it operates is equipped with an ELD that meets the requirements of the Technical Standard. Some exceptions apply. We invite you to consult the federal regulation exceptions to better answer this question.
Make sure to read your provincial regulations as they will also play a role in determining if you are required to become compliant. Based on your fleet’s operation, you need to determine if the upcoming Canadian ELD regulation applies to you.
Do I need to change any equipment?
If you are an ISAAC user, you do not need to make any changes to your equipment. The existing ISAAC equipment will remain functional with the over the air software update and when you activate Canadian ELD compliance for your drivers.
Are there exceptions that exempt a vehicle from being equipped with an ELD that complies with the Canadian ELD regulation?
There are 4 exceptions allowing a vehicle not to be equipped with a compliant ELD. Exemption is granted for commercial vehicles that are:
- operated by a motor carrier under a permit issued by Federal, Provincial or Territorial authorities;
- operated by a motor carrier to which an exemption has been issued under the Act; the commercial motor vehicle is driven within a 160 km radius of home terminal for drivers returning to the home terminal every night (drivers can continue with their simplified log);
- the subject of a rental agreement of no longer than 30 days that is not an extended or renewed rental of the same vehicle;
- manufactured before model year 2000.
Outside these exceptions, a motor carrier shall ensure that each commercial vehicle that it operates is equipped with an ELD that meets the requirements of the Technical Standard, and shall ensure that it is mounted in a fixed position during the operation of the commercial vehicle and is visible to the driver when the driver is in the normal driving position.
NOTE: This rule covers exemptions for Canadian ELD regulation compliance but does not exempt in any way the driver from completing a logbook when required.
Do I need to worry about the installation of the ELDs?
Yes. Motor carriers shall ensure that the ELD is mounted in a fixed position during the operation of the commercial vehicle and is visible to the driver when the driver is in the normal driving position and does not obstruct the driver’s view. The ELD must not be installed over an airbag deployment area or interfere with vehicle features.
How can we ensure a successful transition?
Transitioning to an ELD that complies with the Canadian ELD regulation is a project that varies in scope depending on what you are currently using to log hours of service. Preparing and establishing a well thought out plan as of now is key. Make sure you understand the impact the change will have on your operations and drivers.
Success also lies in having open and regular communication with everyone on your team impacted by this change. You cannot over communicate when you need to manage change.
Reassure your drivers that there are no changes to the basic hours of service regulations. Canadian ELD regulation requirements only change the way the software interacts with the driver.
Training and communications are important parts of your path to success. Plan for training and support for the office staff and drivers. Peer training has often proven successful with drivers.
Compliance malfunctions and data diagnostics
When should drivers start recording their hours of service with an alternative solution (usually paper logs)?
Any time the ELD is not functional, and the driver is required to maintain log records.
What does a carrier do with the Malfunction & Diagnostics information they receive?
(1) A motor carrier shall ensure that any ELD installed or used in a commercial vehicle it operates is in good working order and is calibrated and maintained in accordance with the manufacturer’s or seller’s specifications.
(5) A motor carrier shall, 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.
(6) The motor carrier shall 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. Section 78 (6) of this rule lists all required information that must be present in the register.
(7) The motor carrier shall retain the information set out in subsection (6) 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.
What should drivers do when they notice a compliance malfunction or a data diagnostic event?
Drivers must advise the motor carrier as soon as the vehicle is parked.
Driver’s management of HoS
Will my drivers receive notifications before they reach HoS limitations?
Yes. The Canadian ELD regulation requires the ELD to notify the driver at least 30 minutes in advance of reaching any duty-/driving-hour limitation prescribed in the current HoS regulations.
To ensure additional safety, the ISAAC system allows you to create extra notifications if you desire.
An ELD must also notify the driver when the cumulative distance driven for Personal Conveyance throughout the day exceeds the maximum distance allowed under current HoS regulations (75 km/day).
Are there limitations to what drivers can modify in their hours of service?
Yes. Although drivers are allowed to modify their logbook, an ELD
- must not allow a driver to shorten automatically recorded driving time;
- must not allow the ELD username associated with an ELD record to be edited and reassigned, except under the following circumstances: Assignment of Unidentified Driver records, correction of errors with team drivers, correction of a non-authenticated driving segment accepted by mistake.
- must no allow it on intermediate log, driver’s login/logout activities, vehicle’s engine power up / shut down or ELD malfunctions and data diagnostic events.
Why must drivers approve any changes made to their hours of service by the motor carrier?
If there are any modifications to a driver’s previously certified logbook, the driver will be prompted to recertify the updated logbook.
Can a dispatcher or administrator make changes to the driver’s logbook if the driver uses a vehicle equipped with an ELD?
Edits requested by anyone or any system other than the driver can only be done on the driver’s certified logbook and they require the driver’s electronic confirmation or rejection.
Modifications will not take effect until the driver has approved them.
How do drivers certify their hours of service with an ELD?
An ELD must include a function whereby a driver can certify their logbook at the end of a day.
As it is currently the case with the ISAAC tablet, when drivers signify the end of their shift, they will be prompted to certify their logbook. Drivers can also initiate this task manually in the Logbook section of the tablet.
Will drivers be able to edit their logbook?
Yes. An ELD must provide a mechanism for a driver to review, edit, and annotate the driver’s logbook and it must allow the driver to annotate the logbook.
In some cases, when a driver makes a modification, the system will ask for a mandatory note to be entered.
Driving
What should drivers do if asked to move their vehicle while in sleeper berth status?
Unlike in the U.S. ELD regulation, the Canadian ELD regulation does not allow Personal Conveyance for such a case.
Your driver could use Yard Move if HoS regulations are met which limits Yard Move to movements performed by a commercial vehicle within a terminal, depot or port and that is not on a public road. Driver’s duty status will change from sleeper status to on-duty.
If Yard Move is not activated for the driver, the system will record driving as soon as the vehicle reaches 8 km/h.
What happens if a driver does not sign in to the ELD before the vehicle is in motion?
Drivers will receive an alert asking them to stop and log in the ELD as regulation demands that if a driver has not authenticated into the ELD, as soon as the vehicle is in motion, the ELD must provide a visual or visual and audible warning reminding the driver to stop and log into the ELD.
The ELD will generate Non-Authenticated (unassigned) driving that will be assigned to an Unidentified Driver. The carrier must make sure all recorded driving is assigned to its true and correct owner. If there is unassigned driving recorded on an ELD, the driver will be notified and asked to accept or reject the driving segment.
If there is a speed threshold, can it be set?
You cannot prevent the ELD from activating the driving when the vehicle exceeds 8km/h because an ELD must automatically determine whether a vehicle is in motion and the threshold for determination of the in-motion state must not be configurable to greater than 8 km/h.
If movements are performed by a commercial vehicle within a terminal, depot or port and that is not on a public road, a driver could use Yard Move. Driver’s duty status will change to on-duty for the duration of the Yard Move activity or until the vehicle exceeds the speed limit threshold of a maximum of 32km/h.
Will the ELD record driving as soon as the wheels start turning or is there a speed threshold to reach before driving is activated?
An ELD must automatically determine whether a vehicle is in motion and the threshold for determination of the in-motion state must not be configurable to greater than 8 km/h.
ELD behavior when the driver stops the vehicle
Why do we see on-duty time after each driving segment in a driver’s logbook?
If the driver does not respond to the ELD prompt within 1-minute after receiving the 2nd prompt asking him to confirm his driving status or enter his new status, the ELD must automatically switch the duty status to on-duty (not driving).
Is there a change in ELD behavior when drivers stop the vehicle? What happens when they pull the parking brake or stop the vehicle?
If drivers do not confirm they are no longer driving when stopping the vehicle, an additional 6 minutes of driving time could be added to their logbook. Here’s why.
When a vehicle stops after a driving segment, the driving duty status remains and a message appears asking the driver to confirm they have stopped driving and enter their new duty status.
If the driver does not respond to this 1st prompt and the vehicle remains stationary for 5 consecutive minutes, the ELD must prompt the driver again to confirm the driving status or enter the new duty status.
If the driver does not respond to this 2nd prompt within 1-minute, the ELD must automatically switch the duty status to on-duty (not driving).
The time thresholds for purposes of this provision must not be configurable.
ELD non-functional or non-accessible (vehicle broke down)
What must we do to ensure we remain compliant if the ELD is non-functional?
Drivers must report the information (diagnostic / malfunction) immediately and repairs must be made within 14 days.
Drivers still using the vehicle must extract a copy of their last 14 days of logbook and use an alternate method to remain compliant with HoS regulation (usually paper logs).
A vehicle broke down and I must rent one that is not equipped with an ELD. What do we need to do to remain compliant?
The driver must extract a copy of the current and last 14 days of logbook and use alternate method to remain compliant with regulation (usually a paper log). This applies to rentals of less than 30 days that are not extended or renewed rental of the same vehicle.
If a vehicle breaks down and can’t be used by the driver, what must we do to ensure we remain compliant?
The driver must extract a copy of the current and last 14 days of logbook and use alternate method to remain compliant with regulation (usually paper logs).
Management of Non-Authenticated Driving (Unassigned Driving)
If a mechanic needs to move a vehicle equipped with an ELD, will they need to connect to the ELD?
If they move it in a yard, or even to a shop within the 160 km radius, they are exempt from keeping a log, but the carrier will then need to manage all the unassigned driving segments.
Best practice would be for the mechanics to be setup with ELD exemption so they can log in to avoid back-office personnel having to manage unassigned driving.
How long will the system keep the Unassigned Driving Segments?
The system will keep the unassigned driving segments for the length prescribed by HoS regulations. As of April 2020, that period is 6 months.
Are drivers notified when they are not logged into the ELD?
As soon as the vehicle is in motion, the ELD must provide a visual or visual and audible warning reminding the driver to stop and connect to the ELD.
Can Unassigned Driving be erased from the system?
No. An ELD must not allow automatically recorded driving time to be shortened.
ELD events recorded under the “Unidentified Driver” profile may be edited only for the purpose of reassignment to the driver associated with the records.
Can drivers reject Unassigned Driving segments previously accepted by mistake?
Yes. Drivers will have the ability to reject segments that they previously accepted by mistake, meaning that the accepted driving segment does not belong to them.
What do drivers need to do when they are assigned Unassigned Driving segments?
They must review and accept or refuse it like they would any other modification to their logbook.
How will drivers know that changes have been made to their logbook?
Drivers must be notified of any changes made to their logbook and they must have the ability to accept or refuse the changes.
What is Unassigned Driving?
It refers to segments when the vehicle was in motion, but no driver was logged into the ELD. The ELD regulation requires that all unassigned driving segments be temporarily assigned to the Unidentified Driver until they can be assigned to the correct driver.
What must a motor carrier and/or a driver do with unassigned driving segments?
As it was the case for carriers already using ELDs in the U.S., motor carriers operating in Canada will now have to account for unassigned driving segments that occur when a vehicle is in motion and no driver is logged into the ELD. All unassigned driving segments will be temporarily assigned to an Unidentified Driver.
Once the unassigned driving segments are assigned, the driver will be notified and will have to either accept it or refuse it. Carriers must manage the unassigned driving segments that are still unassigned or that have been refused by the driver.
Modification of driving segments
If my driver forgets to activate or deactivate Yard Move or Personal Conveyance, I can’t fix it?
No. An ELD must not allow automatically recorded driving time to be shortened.
Can I remove driving recorded in Personal Conveyance from the driver’s HoS?
No. An ELD must not allow automatically recorded driving time to be shortened.
You can annotate the driving segment and explain that it really was Personal Conveyance or Yard Move.
My driver forgot to activate Yard Move and the system recorded regular driving. Can I fix it?
No. An ELD must not allow automatically recorded driving time to be shortened.
You can annotate the driving segment and explain that it really was Yard Move.
Can I remove a driving segment from my driver’s log?
An ELD can allow ELD records to be edited and reassigned only under very specific circumstances:
- Assignment of Unidentified Driver records
- Correction of Unidentified Driver records assumed by error, by the driver
- Correction of errors with team drivers if you meet all requirements
Please consult the regulations to make sure the modification is authorized.
Can I modify a driving status for my driver?
No. An ELD must not allow automatically recorded driving time to be shortened.
This is why it is very important to communicate the rules to your drivers.
Can I remove driving recorded in Yard Move from the driver’s HoS?
No. An ELD must not allow automatically recorded driving time to be shortened.
My driver forgot to activate Personal Conveyance and the system recorded regular driving. Can I fix it?
Yes. Regular driving (on duty) can be changed to Personal conveyance only (off duty), and cannot result in exceeding the 75 km/day limit in Canada to comply with ELD regulations. Drivers subject to these regulations in both Canada and the US must verify if this change will have an impact during a roadside inspection.
Personal use of a vehicle (Personal Conveyance)
How do drivers activate / deactivate Personal Conveyance?
If a carrier allows for personal use of the vehicle (personal conveyance), an ELD must provide the means for a driver to indicate the beginning and end of a period when the driver is using the vehicle for personal use. The ELD must also require drivers to confirm if they want to remain in Personal Conveyance following a power off cycle. If not confirmed and the vehicle is in motion, the ELD will record driving.
Are the rules the same for U.S. ELD?
No. Because of the difference, drivers should pay attention if they use Personal Conveyance in the U.S. and intend to re-enter Canada in the same day. They must make sure they meet Canadian regulations before re-entering Canada, meaning they must not exceed the maximum of 75 km allowed in one day in Canada.
Can we modify the driving time registered under Personal Conveyance if the driver forgot to deactivate Personal Conveyance?
No. If a driver forgets to indicate the end of a period in Personal Conveyance, neither you nor the driver will be able to adjust the driving time under Personal Conveyance because an ELD must not allow automatically recorded driving time to be shortened. You can annotate the driving segment and explain why this segment should be considered as regular driving instead of Personal Conveyance.
What if my driver forgets to deactivate Personal Conveyance?
The system will remain in Personal Conveyance until it reaches the daily limit. At that point, the ELD will deactivate personal use and it will automatically register driving.
The driver must make an annotation to his logs to explain the mistake.
Can my drivers set Personal Conveyance when asked to move the vehicle when in sleeper status?
No. Unlike the U.S. ELD regulation, the Canadian ELD regulation does not allow Personal Conveyance for such cases.
Your drivers could use Yard Move if they meet HoS regulations which limits Yard Move to movements performed by a commercial vehicle within a terminal, depot or port and that is not on a public road. There is no limit on the distance. Driver’s duty status will change from sleeper status to on-duty.
If your drivers do not meet the requirements for Yard Move, the system will capture driving. In this case, the drivers should annotate the driving segment to indicate why they had to move the vehicle.
What will the status of the HoS be if a driver activates Personal Conveyance?
The driver’s log will show off-duty for the duration of the Personal Conveyance.
When can drivers use Personal Conveyance?
Personal Conveyance is set to a maximum 75 km/day and must be done with an unloaded vehicle (straight body, etc.) or unhitched trailer. Personal Conveyance cannot be activated if a vehicle is used during the business of a motor carrier or if the driver is the subject of an out-of-service declaration issued by an inspector.
Once the vehicle reaches the maximum distance allowed per day, the ELD will automatically change the duty status to driving and it must not allow the driver to indicate the beginning of a period for authorized Personal Conveyance once the maximum distance allowed per day has been reached.
Is there a limit to the use of Personal Conveyance in a shift, day, cycle?
The only limitation is that the accumulated distance driven in Personal Conveyance in one day does not exceed the maximum distance allowed under current HoS regulations (which is currently set at 75 km). If the vehicle exceeds the 75 km distance, the ELD will deactivate Personal Conveyance and it will automatically register driving.
Are there limitations for Personal Conveyance?
Yes. There are quite a few limitations. HoS Regulations limits Personal Conveyance to 75 km/day and it must be done with an unloaded vehicle (straight body, etc.) or unhitched trailer and must not be used for business of the motor carrier or if the driver is the subject of an out-of-service declaration issued by an inspector.
During a period when a driver indicates authorized personal use of vehicle, the ELD must also prevent the driver from selecting any event category, except to indicate the end of authorized personal use.
Because of all the limitations, it is unlikely that a driver will meet the requirements to be allowed to use Personal Conveyance when asked to move the vehicle when in sleeper berth status. It is the driver’s responsibility to make sure the requirements are met before deciding to use this option.
How will drivers know that they have reached the limits prescribed by the regulation?
An ELD must notify drivers when the cumulative distance driven for Personal Conveyance throughout the day exceeds the maximum distance allowed under current HoS regulations, set to 75 km/day.
ISAAC InControl displays in real-time, the remaining distance available for personal use of the vehicle and it will warn the driver within 5 km of the daily limit so the driver can take action, if necessary. When the driver reaches the daily limit, the ELD will automatically change the duty status to driving.
The ELD must not allow drivers to indicate the beginning of a period for authorized Personal Conveyance once they have reached the maximum distance allowed per day.
Roadside inspection reports
Is there a change to the Roadside Inspection?
Although the format remains the same, you must now select the country you are in and the driver to include in the report. The information to provide is different and you can now enter an email to transfer the report by email or display it on screen. The ELD must also allow for the entry of a comment of up to 60 characters long and the default value for the output file comment must be blank.
Yard Move
Can we modify the driving time registered if the driver forgot to activate Yard Move?
No. If a vehicle exceeds the set limit speed of 8 km/h, the duty status will change automatically to driving and neither you nor the driver will be able to adjust the driving time under Yard Move as an ELD must not allow automatically recorded driving time to be shortened. You can annotate the driving segment and explain why this segment should be considered as Yard Move.
What if my driver forgets to deactivate Yard Move before going on the road?
If a vehicle exceeds the set threshold speed (32 km/h by default), the ELD will deactivate Yard Move and it will automatically register driving.
What will the status of the HoS be if a driver activates Yard Move?
The driver’s log will show on-duty for the duration of the Yard Move.
How do drivers activate / deactivate Yard Move?
If a carrier allows for Yard Move, an ELD must provide the means for a driver to indicate the beginning and end of a period in Yard Move. The ELD must also require drivers to confirm if they want to remain in Yard Move following a power off cycle. If not confirmed and the vehicle is in motion, the ELD will automatically record driving.
Are there limitations to the use of Yard Move?
HoS Regulations limit Yard Move to movements performed by a vehicle within a terminal, depot or port and that is not on a public road. There is no limit in distance or time allowed in Yard Move but there is a configurable maximum speed limit of 32 km/h which means that if the speed limit is exceeded, the ELD will deactivate Yard Move and automatically record driving.