Please note that the Government of Canada published the final rules for ELDs in the Canada Gazette Part 2 yesterday. We’d like to draw your attention to two key areas; implementation and enforcement. As there is a two-year implementation period, ELDs will be mandatory on June 12, 2021. As with anything new, there may be some challenges with enforcement over the next two years and immediately following the mandatory deadline. If you have any issues, please let me know.
The Canada Gazette Part 2 can be found here: http://gazette.gc.ca/rp-pr/p2/2019/2019-06-12/html/sor-dors165-eng.html
Implementation period
After publication in the Canada Gazette, Part II, there will be a 24-month implementation period to allow time for the certification of ELD models and their implementation by motor carriers. This will ensure that all motor carriers, including small businesses, will have adequate time to select, acquire and install the ELDs and train their drivers on how to use them. During the implementation period, provincial and territorial governments will need to train their inspectors and auditors and integrate changes to their enforcement programs and activities. After the conclusion of the 24-month implementation period, all federally regulated motor carriers and their drivers will be required to use compliant ELDs.
Enforcement
Provincial and territorial governments oversee all roadside enforcement and conduct facility audits of safety compliance documentation at the motor carrier’s facilities. The enforcement community has been conducting HOS enforcement on those using ERDs for many years now and, in recent years, have begun to do the same with U.S.-compliant ELDs that are used by motor carriers and their drivers who travel to the U.S. The amendments will adopt precise technical specifications and regulatory requirements for such devices and will significantly increase the volume of drivers that will be using a device rather than paper daily logs.
Provincial and territorial governments will need to provide additional training for their enforcement personnel and develop enforcement procedures to prepare for implementation. They may choose to develop software tools that could help reduce inspection time and identify potential violations. The department intends to encourage them to adopt their own ELD rules in order for the safety and competitive benefits of ELDs to be fully realized throughout the Canadian road transportation network.