Canada: Amendments To Federal Hours Of Service Regulations Bring ELD Mandate To Canada

On June 12, 2019, amendments to  the Commercial Vehicle Drivers Hours of Service Regulations (the "Regulations") came into force. These amendments ("Amendments")1  result in significant changes for federally regulated commercial drivers in Canada.

With the Amendments, the federal government has mandated the use of electronic logging devices ("ELDs") in an effort to reduce out-of-service (OOS) detention time related to non-compliance with the Regulations, to reduce the risk of crashes, and to address the risk that information produced on paper-based daily logs are incomplete or falsified. The Amendments also aim to reduce costs and difficulties both for provincial and territorial governments and for the motor carrier industry associated with enforcing the Regulations. Other stated aims of the Amendments are to allow Canada to keep pace with current United States regulatory requirements, and to encourage fairer competition between interprovincial motor carriers, since the ELDs do not allow hours of service limits to be bypassed.2

This article describes the purpose of the Regulations, the main changes made by the Amendments, the motor carriers subject to the Amendments, and the impact of these federal changes on provincially-governed transportation.

The Purpose of the Regulations

The main purpose of the Regulations, adopted in 2005 following the recognition of fatigue as a critical risk factor for commercial drivers, is to limit the hours of service for federally-governed drivers of buses and trucks in order to ensure the reliability and safety of interprovincial transportation. To do so, the Regulations set out maximum numbers of hours that may be worked in roughly one- or two-week periods, and require that drivers log their time spent driving, on duty but performing other tasks, or off duty in order to demonstrate compliance with those limits.

Who is Affected?

The Regulations affect federally-governed motor carriers and their drivers, i.e. carriers either from outside Canada, or Canadian carriers that carry out interprovincial or international activities on a regular and continuous basis. To learn more about whether a transportation company is governed by federal or provincial laws, please refer to our article on the subject. Provincial and territorial enforcement entities are responsible for enforcing the Regulations, which they do by conducting roadside inspections and head-office audits of federally-regulated carriers operating within their jurisdictions.

Electronic Logging Devices (ELDs)

The Amendments mainly consist of the introduction to Canada of mandated ELDs, devices that must meet specific requirements for compiling drivers' on-duty and off-duty time. ELDs must be used by all companies that currently operate under the paper-based daily log, with some exceptions.

ELDs  allow the entry of information related to drivers' records of duty, which will be presented to roadside enforcement in printed form, in display mode or by an appropriate transmission mode such as a USB key. The accuracy of the records of duty must be certified by the driver immediately after recording the information for the last entry for a day. The delays for drivers to send records to their motor carrier will be the same as the one currently in place for paper-based daily logs, i.e. 20 days.3

In the event of a malfunction, a paper-based daily log is permitted for a period of 14 days or upon return to the home terminal after the currently planned trip, and once this period has expired, the ELD must be replaced or repaired. The motor carrier is required to ensure that the ELDs installed in its commercial vehicles are properly maintained. Carriers that currently use older devices that do not comply with the Regulations (known as automatic on-board recording devices or "AOBRD" and referred to by the government as electronic recording devices or "ERD") may continue to use such devices for a period of two years from the coming into force of the Amendments.

ELDs will be subject to the Technical Standard for Electronic Logging Devices, incorporated by reference into the Regulations and approved by the Canadian Council of Motor Transport Administrators4 ("CCMTA"), and setting out specific requirements for ELDS including performance and design specifications.5 ELDs must now be certified by an accredited certification body in accordance with the requirements of the Regulations.

Exempt Vehicles

Some vehicles are exempt from the Regulations, such as commercial vehicles operated under a special  a permit issued by a province or territory and those exempted under the federal Motor Vehicle Transport Act. Commercial vehicles manufactured before 2000 and vehicles that are leased on a short-term basis (maximum 30 days) will be excluded.6

Supporting Documents

Changes are also being made to the supporting documentation that must be kept by motor carriers at their offices. The Regulations  now provide for an extensive list of supporting documents, namely any "documents or information received or prepared by a driver in the course of their duties or received or prepared by the motor carrier." However, most of the required documents are already generally kept by carriers for commercial and tax purposes.

Implementation

A period of 24 months is planned for the certification and deployment of the new devices. It is expected that the certification body will take approximately 12 months to approve the ELD following the publication in the Canada Gazette of the Amended Regulations on June 12, 2019. Motor carriers will then have 12 months to comply with the new provisions and obtain an ELD. Consequently,  the deadline for adoption of ELDs is June 12, 2021. For provincial and territorial governments, this period also provides an opportunity to train inspectors and to develop policies to enforce the ELD mandate. It also allows them to consider adopting or enhancing their own intra-provincial transportation regulations. The same implementation period is planned for supporting documents.

Impact on Intra-Provincial Transportation

As a result of these federal regulatory changes for drivers of commercial vehicles, it is expected that the provinces and territories will opt to harmonize their respective regulations7 by enacting similar provisions. It will also be interesting to see CCMTA's upcoming developments in this area.

Conclusion

With the Amendments to the Regulations, the  Government of Canada has introduced an ELD mandate into Canadian law, reiterating its commitment to road safety and better aligning transportation laws and regulations with those of the United States.

McCarthy Tétrault's Transportation and Logistics Group has extensive experience advising motor carriers with respect to provincial and federal regulations governing hours of service and the broader regulatory environment in which they operate. For more information, please contact  David F. Blair or  Brian Lipson.

Footnotes

1 Regulations Amending the Commercial Vehicle Drivers Hours of Service Regulations (Electronic Logging Devices and Other Amendments), Canada Gazette, Part II, Volume 153, No. 12.

2 Canada Gazette, Regulations Amending the Commercial Vehicle Drivers Hours of Service Regulations (Electronic Logging Devices and Other Amendments), vol. 151, No. 50, December 16, 2017.

3 Ibid, s. 32.

4 The Canadian Council of Motor Transport Administrators is an organization responsible for Canada's road safety and the administrative and regulatory coordination of motor vehicle transportation, which includes the Société de l'assurance automobile du Québec (SAAQ), Transport Canada and the Ontario Ministry of Transportation.

5 Regulations Amending the Commercial Vehicle Drivers Hours of Service Regulations (Electronic Logging Devices and Other Amendments), supra note 1, s 24.

6 Ibid, s 77.

7 Regulation respecting the hours of driving and rest of heavy vehicle drivers, Highway Safety Code, CQLR, c. C-24.2, r. 28; Société de l'assurance automobile du Québec, Driving and off-duty timeO. Reg. 555/06: HOURS OF SERVICE; Ministry of Transportation, Commercial Vehicle Operators' Safety Manual.

To view the original article click here

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions