Heather Ness - DOT Editor - J.J. Keller & Associates, Inc.
July 02 , 2019
Canada’s electronic logging device (ELD) mandate has been in the making for at least six years, and it was finally adopted on June 12, 2019. The mandate is effective for all federally-regulated carriers starting on June 12, 2021. Read this blog for more details on the difference between the U.S. and Canadian mandate rules.
Q. What is the compliance date for Canada’s ELD mandate?
A. The mandate is effective on June 12, 2021. This means that federally-regulated carriers will need to equip their vehicles with ELDs by that date.
Q. Canada requires third-party certification of ELDs. What does this mean?
A. A person or an entity can apply to Transport Canada for accreditation as an ELD certification entity. The person or entity must:
Accreditations by Transport Canada are valid for five years.
Once a person or an entity obtains certification, ELD providers will submit their devices for testing and certification. A list of certified ELD providers will eventually be posted on Transport Canada’s website.
Q. With the adoption of the ELD mandate in Canada, were there any changes to the hours of service limits?
A. No. The hours of service limits remain the same. Transport Canada made technical amendments to the regulation, which involved clarifying the on-duty time definition, loosening up the 160-km log exemption requirements, and updating the definition of a CMV. Transport Canada also more clearly defined what constitutes a supporting document under the regulation, but none of these updates affect hours of service limits.
Q. Will U.S. carriers that operate into Canada be required to comply with Canada’s ELD mandate? Many already have ELDs.
A. Yes. While many of Canada’s technical specifications are nearly identical to the U.S. ELD specifications, Canada differs in a few areas. This means that US carriers operating into Canada will need to comply with those differences. For example, U.S. carriers into Canada will need to ensure their ELD providers are using third-party certified ELDs.
Q. In the U.S., the cycles available are 60 hour/7 days or 70 hour/8 days. However, Canada only has the 70 hour/7 day cycle or the 120 hour/14 day cycle. Which cycle should a U.S.-based driver choose when operating into Canada?
A. Many carriers operating into Canada from the U.S. choose the 70 hour/7 day cycle because it is closest to the cycles in the United States. Generally, a U.S. driver operating into Canada under the 70 hour/7 day rule will be in compliance if he/she is in compliance with either the 60 hour/7 day or 70 hour/8 day cycles in the United States, as these cycles are more restrictive.
Q. Does Canada have regulations specific to passenger carriers?
A. The Canadian hours of service regulations do not differentiate between property-carrying and passenger-carrying carriers.
Q. Does the requirement to have 24 hours off duty at some point within the previous 14 days apply to U.S. drivers?
A. Yes. Upon entering Canada, a U.S. driver should be prepared to show at least 24 consecutive hours of off-duty time at some point within the previous 14 days.
Q. Must U.S. drivers operating into Canada present the previous 14 days’ worth of logs?
A. Yes. U.S. drivers must carry or display 14 days’ worth of logs while in Canada.
Q. When operating in Canada and using the vehicle as a personal conveyance, must a U.S.-based driver comply with Canada’s personal use limits?
A. Yes, while in Canada, Canada’s personal use provisions apply. Drivers are limited to 75 kilometers of personal use travel per day, the vehicle must be empty, and trailers must be unhitched. The starting/ending odometer readings of the personal use must also be recorded on the daily log.
Upon entering Canada from the U.S., if the driver’s use of personal conveyance in the U.S. does not meet Canada’s requirements, it will result in the time being changed to on-duty time or driving time and the on-duty time/driving time/cycle and will be recalculated accordingly. Enforcement will not consider the log falsified due to the change, as the record was true and correct when the driver was in the United States. Learn more about Canada's personal conveyance rule here.
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Fleets who have already switched from AOBRDs to ELDs give their advice on the transition.
FMCSA Proposed Changes to Create Flexibility in HOS Rules
Learn the implications of FMCSA's recently proposed changes to the hours-of-service rules.
ELD Annotations: Exemptions
Read this compliance brief for suggested annotations that explain log exemption edits.