No ELD penalties until June 2022, jurisdictions confirm

John G Smith

Jurisdictions that enforce Hours of Service rules have confirmed that Canada’s rollout of mandated electronic logging devices will focus on education and awareness – and not include penalties — until June 12, 2022.

Federal Transport Minister Omar Alghabra had committed this March to a year-long “progressive enforcement period”, offering relief for federally regulated carriers who faced a June 2021 deadline for the mandate itself.

But provinces and territories are actually responsible for enforcement.

ELD
(Photo: Bison Transport)

“The CCMTA developed an approach for jurisdictions to consider when adopting an enforcement strategy for the ELD mandate coming into force June 12, 2021,” the Canadian Council of Motor Transport Administrators said in a statement today. “Jurisdictions plan to support the mandate through a period of progressive enforcement without penalties, including elevated education and awareness, until June 12, 2022.”

Alghabra and CCMTA have both cited the impact of Covid-19 when explaining the soft enforcement strategy.

“The Canadian Trucking Alliance (CTA) wanted to see full enforcement of the ELD mandate beginning in June 2021, but as we have been aware for some time, that would have been difficult to achieve for several reasons, not the least of which is the worldwide pandemic which caught the industry, governments and suppliers by surprise in 2020,” said Stephen Laskowski, president of Canada’s largest trucking association. “However, CTA is pleased that the period of progressive enforcement will end in 12 months and full enforcement will commence in June 2022.”

Transport Canada, however, has also yet to certify any ELDs for use in the Canadian market.

Any ELDs used to meet the federal mandate must be certified by a recognized third party, FPInnovations, to ensure the devices meet underlying technical standards. This is a significant difference from U.S. rules, which allow manufacturers to self-certify the equipment they sell.

The lack of certified ELDs has been a concern for the enforcement community, CTA notes.

The third-party certification requirement was introduced to help eliminate the potential for manipulating Hours of Service data.

“All jurisdictions remain committed to the federal Electronic Logging Devices (ELD) mandate,” the CCMTA adds. “Mandatory use of these devices will help ensure federally regulated commercial carriers operating in Canada, including those that cross the border into Canada, will continue to drive within their Hours of Service.”

The Private Motor Truck Council of Canada (PMTC), which called first for an implementation delay for the regulation, and then an enforcement deferral, told its members today that it was “optimistic” about the news, but expressed concern that individual jurisdictions can still decide when to shift to warnings and notices on carrier profiles.

“At this point, only Quebec and Manitoba have indicated in public, at least in part, what their intentions are. We are hopeful, that with today’s announcement, more provinces and territories will be ready to come forward with their strategies,” the group said.

It’s asking jurisdictions to stick with education and awareness “for a considerable time” and beyond the first six months. It doesn’t want to see warnings issued until the first quarter of 2022.

“Once these devices are certified, the issue of stronger enforcement leading up to June 2022 will be a subject matter of discussion between CTA and CCMTA,” Laskowski said. “CTA expects those conversations to be active throughout the next 12 months as the landscape regarding third party ELDs evolves.”

  • Correction: An original version of this article was updated to reflect that PMTC first sought the regulation’s implementation date to be delayed, before calling for an enforcement deferral.
John G Smith

John G. Smith is the editorial director of Newcom Media's trucking and supply chain publications -- including Today's Trucking, trucknews.com, TruckTech, Transport Routier, Inside Logistics, Solid Waste & Recycling, and Road Today. The award-winning journalist has covered the trucking industry since 1995.

Have your say

We won't publish or share your data

*

  • Most of all of the transporters are already using some sort of E log and drivers are already use to this working with many different e log. So why playing around???
    Just get going and it will all be good.

    • If you really want to know why, follow the money.
      The government is insisting on a third party certification, and only one (1) company has been selected to certify the proposed ELDs.
      The cost for certification is $50,000.00 per device … not per company … per device. So If Omnitracs for example has 3 devices (they have more), it will cost them $150,000.00 to certify those devices, and each time there is an upgrade, those devices have to be re-certified for another $50,000.00 each.
      If it walks like a duck, and it talks like a duck …
      I’m pretty sure everyone can draw their own conclusions.

  • This extension is just another failure of the federal government. There has been a two year notice period to comply with this program, including certification of elog suppliers. Our company has been on elogs for 8 years and this is just another slap in our face. Covid is just another excuse to procrastinate.

  • This delay in enforcement is in reality covering up the fact that Transport Canada has yet to approve and ELD for use in Canada and along with the CCMTA have dithered around with this file for several years.

    What is the purpose of the CCMTA?

  • Now is the time to make the changes the first change should be personal convenience. Driver should be able to have your trailer with them loaded or empty when do you need to PC themselves to the nearest truckstop from the customer we are only allowed 75 km do not see a big deal about this this must be changed CTA Needs to look into this ASAP thank you

  • So more clarity would be helpful regarding soft enforcement. Is this on form and manner it applies to? This will be a nightmare at the scale. Everybody is going to have their own idea of soft enforcement.
    Also since we have this window of time looking at personal conveyance and pairing up the two countries regulations would make a driver’s life easier. Why why why seven years later could someone not have looked at the inconsistencies in the two countries hours of service and made them more consistent. For the most part the border is a line in the sand. To be continued.

    • No fines are going to be issued until at least June 12th of 2022. Education and awareness June 12th of 2021 begins, some jurisdictions may issue warnings 6 months after that, still being worked out, but no fines or charges until June 12th of 2022.

  • Will “Drive Away Service providers” be exempt from from the ELD mandate? I have tried ever avenue and recourses I know of and still have not been able to get any kind of information other than, “That is a Gray Area”. We do not own any of the vehicles we move across North America nor do we carry cargo / freight. Where could I obtain information regarding drive away service providers?

    Great article John, thank you for doing what you do for the industry.

  • So when they talk about education and awareness only, does that only mean no fines? Will there be a loss of points? Does it mean that paper logs can still be used past June 12.2021? There are some key questions unanswered here. please advise.

    Maggie White AJG Canada

    • Maggie, for everyone, including us using paper logs; many of us have the same questions and no one seems to be able to answer them.

      See my comment in the string.

  • Bob, you, nor anyone else can be complaint with the regulation on June 12th. The Federal regulation says you must have an ELD that has been certified by an independent 3rd party, and listed on Transport Canada’s website of certified devices. Today there are ZERO devices listed and approved. Since to be compliant, you must have a device from that list, no one currently has, or can even hope to have a device that is compliant in time for the mandate, as such an enforcement deferral was the only was we could go.

  • 1 Question comes to mind when I think about Electronic Log Books

    Of the people mandating this how many of them have spent time on the road driving long haul coast to coast ?

    • Of the people mandating electronic logs how many have spent time on the road doing coast to coast work? Probably none. But, what does that have to do with anything?
      Now if you really want to know how many carriers have done coast to coast work with electronic logs …
      Lots. It works. It works just fine.
      The Hours of Service rules are not changing. All that is different is the way you record them.
      If you ran legally on paper before, you have no concern. If you cheated on paper before, you won’t be able to get away with it any longer.
      If you thought cheating on paper was the only way to get the job done, then you are both a fool and a danger. Neither of which should be allowed on the road.
      I laugh great rolling belly laughs at drivers who think they can get paid more by cheating their paper logs and running more miles. They don’t make any more money, they just work cheaper. Those are the fools.
      The dangerous ones, the ones that drive tired? Yea, there’s a good solid strategy for long term life expectancy.

  • If you are driving a truck for 6-9 hours a day. Does the vehicle need to have an ELD installed. If you leave work and drive less than 150 miles in a day and return home the same day does one need to have an ELD?

    • The easiest way to answer your question is this …
      Are you required to do a paper log?
      If you are required to do a paper log, then yes you need an ELD.
      The rules on Hours of Service are not changing, just the way to record them is.

  • It would be valuable if the powers to be (gov’t) could let people know what they must have in place (at a minimum) on June 12, 2021.
    I.e.:
    Thinking of contacting vendors/suppliers
    Be in negotiations with vendors/suppliers.
    Testing out different vendor/supplier’s systems.
    Have a contract in place.
    Must have systems in place and be learning them.
    Etc.

    Q. Where do we need to be in the process? Everyone on paper logs is asking but no one is providing any direction.

  • I had a E log in 1999 and I was told to get use to it.
    That it would be mandated soon. So now I know that soon is 23 years and
    we still have a driver shortage.

  • The question is will Canada have a list of what they classify as certified devices? We are a small company and purchasing ELD devices for our trucks could be costly if we make the wrong choice.
    If so when will the list be available to make a choice from? We have some units adapted with Geotab but we’re scared to equip all units with this if it’s not a certified brand.

  • I have seen in many instances that Canada just IMMITATE what USA does. Why it is so? Canadians do not have sense to think about!!!!?
    I do not think ELD should be made necessary. Manual system or cellular ones are the good ones and can be used with no tensions.