Mandatory electronic logging devices and legalized marijuana

by Mike Millian

As of Dec. 18, anyone who operates commercial buses or trucks south of the border will be required to have a compliant electronic logging device (ELD) installed on their vehicle, and ensure their drivers and staff are trained on its use.

The rule applies to Canadian and Mexican-domiciled drivers and carriers as well as those based in the US. There are a few exemptions in place, such as vehicles manufactured prior to the model year 2000, those who use paper logs for no more than eight days out of 30, and those involved in driveaway-towaway operations.

But for the most part, if you are currently required to keep a paper log, you will be required to have an ELD installed in less than nine months. (If you have existing e-log technology that doesn’t meet the new standard installed prior to Dec. 18, you will have until Dec. 16 2019 to have it upgraded to meet the standards or replaced).

Are you and your company ready for this mandate? Do you have the information you need to ensure you are fully compliant with the rule prior to the drop-dead date?

If you are waiting for the last minute in hopes that the Trump administration will eliminate this rule with another stroke of the pen, that is a flawed strategy at best. All indications are that the ELD mandate will go forward, so if you are entering the US, you should already be looking into devices and starting to plan your roll-out.

It takes time to ensure you are sourcing a compliant device, from scheduling the installations, and training all your drivers and operations staff on how to use them. The US Federal Motor Carrier Safety Administration (FMCSA) is not certifying devices, by the way, it is simply allowing manufacturers to self-certify that they comply with the technical standard.

So, just because a device appears on the FMCSA’s website as being certified, does not necessarily mean it is so. If, down the road, the device is found to be non-compliant, the manufacturer of the device will have a very short time frame to bring it into compliance. If they can’t, you will be held responsible to have it replaced.

In light of this, ensure you do your homework and do some fact checking prior to purchasing a device. You can go to the FMCSA’s website for more information.

On March 27, the news media reported the federal Liberal government will announce legislation in April of this year, with the intention of having marijuana legalized by July 1, 2018. The legislation is expected to broadly follow the recommendations of a federally appointed task force that released a report in December, 2016.

Are you ready to deal with how this will affect your workplace? Do you have policies in place already to protect your workers and your workplace? Are they sufficient?

We will be covering policies and procedures related to the legalization of marijuana as part of our annual conference in Niagara Falls, Ont. in June. For more information on the event, or to contact the Private Motor Truck Council of Canada office with any questions, you can e-mail info@pmtc.ca, trucks@pmtc.ca, or call 905-827-0587.

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Mike Millian is president of the Private Motor Truck Council of Canada, the only national association that represents the views and interests of the private fleet industry. He can be reached at trucks@pmtc.ca.


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