Provinces differ in ELD enforcement penalties
More than a month into the enforcement of the federal electronic logging device (ELD) mandate, TruckNews.com reached out to provinces and Transport Canada regarding penalties for non-compliance.
Canada’s federally regulated carriers face a mandate from Jan. 1 to equip trucks with certified ELDs, and individual provinces are taking different approaches when it comes to penalties.
Here are their responses:
A fine of $520 will be imposed Aug. 1, 2023 for failing to equip a vehicle with a compliant ELD, according to a new National Safety Code bulletin issued Feb. 13 by the B.C. Ministry of Transportation and Infrastructure.
Provincially regulated commercial vehicle operators in B.C. will also be required to use ELDs beginning Aug. 1.
Fines for federal Hours of Service violations are decided by judges at court, not law enforcement officers because this is a federal contravention, not a provincial one. Alberta Transportation and Economic Corridors provides information to the court based on similar national penalties.
Judges, at their discretion, can impose fines for a first offence for not having a certified ELD typically at $300 for a driver, and/or $500 for a carrier.
Carriers that operate only within Alberta are not required to install and use ELDs at this time.
Officers can issue a citation to a driver or carrier operating a commercial vehicle without a certified ELD. Currently there is no set fine amount, and a judge will decide the fine or penalty to be paid.
Fine amounts are set at maximums of $5,000 for an individual and $25,000 for a carrier in accordance with the Motor Vehicle Transport Act (Canada).
ELDs are not required for provincial carriers who are regulated by the provincial Commercial Vehicles Hours of Service Regulations.
The federal Contraventions Act is being amended to specify a fine amount for the lack of a certified ELD installed in a commercial vehicle. Currently enforcement officers are able to issue a charge for federal carriers not in compliance with ELD requirements. Discretion is being used for carriers subject to vendor supply issues if contracted before Jan. 1, 2023.
Drivers and carriers are expected to have equipped their vehicles with certified ELDs if they are required to do so by regulation. The fine for not using an ELD when required to do so is $298.
Provincial carriers who do not travel outside of a 160 km radius from their home terminal are not required to have an ELD. Provincial carriers who at any time within the year travel outside of a 160 km radius of their home terminal are required to have an ELD. Should an ELD be required as per the regulations, and not present, Manitoba law enforcement may issue tickets to drivers or the carrier.
Commercial drivers and carriers are subject to penalties for not meeting provincial ELD requirements, including fine amounts for ELD-related offences range from $250-$400; and penalties for Hours of Service-related offences (including ELD offences) range from $250-$20,000.
Points imposed upon conviction of ELD-related offences can affect the safety rating of carriers. If a carrier is registered outside of Ontario, details of convictions are being shared with home jurisdiction regulators.
Rules will be enforced beginning April 30.
If an approved and working ELD is not present in the cab of any carrier’s truck, a peace officer is able to issue a fine of $140, plus applicable surcharges and fees.
If the matter goes before the court, a judge could impose a fine anywhere in the range of a category C offence, which is not less than $140 and not more than $1,100, plus applicable surcharges and fees.
The driver will also lose three points, while the carrier will lose five.
Newfoundland and Labrador
The Government of Newfoundland and Labrador enforces Transport Canada’s Commercial Vehicle Drivers Hours of Service Regulations.
Prince Edward Island
If a motor carrier fails to equip commercial vehicle with compliant ELD the penalty for out-of-court settlement is $200.
Currently, there are no fines/points for ELD violations. Provincially regulated carriers do not require an ELD while operating solely in the province at this time.
Soft enforcement and education will be in place until June 30, 2023. Provincially regulated carriers operating solely in the province will not be subject to an ELD mandate until Jan. 1, 2024.
The province is using an education and awareness approach to enforcement.
To help enforce the ELD mandate under the Commercial Vehicle Drivers Hours of Service Regulations, and provide enforcement officers with more flexibility, including the ability to issue monetary penalties (ie. tickets) to violators that contravene the federal rules, Transport Canada proposes to amend the Department of Justice Contraventions Regulations to designate certain provisions of the Hours of Service Regulations as contraventions.
This will also entail adding the Motor Vehicle Transport Act as a new Schedule to the Contraventions Regulations. Consultations closed in December 2022, and we are currently reviewing feedback.
Once the feedback is reviewed and taken into consideration, the next step will involve publication of the proposed changes to the Contravention Regulations in Canada Gazette Part 1 as per the regulatory process. Notably, some provinces and territories have implemented ELD requirements at the provincial/territorial level, and these regimes may include monetary penalties for non-compliance.
- This story has been updated with upcoming changes to British Columbia. regulations.
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The ministry likes to make rules and fines and put on the big show to the general public but in reality they are concerned with safety at all.
I have sent pictures of transpirts coming in to my workplace with flatbed loads sitting on the deck not secured at all….not one strap!
Yesterday I sent pics of one that smoked his brakes so bad every single wheel seal on his B-Trains were pouring oil out the brake drums.
The driver was very understanding when I explained to him that when the bearings go dry he is going to lose wheel ends on the highway. He was just not experienced or properly trained.
He called his dispatch and was informed to “JUST DRIVE IT” And this was one of the biggest fleets in Canada.
I’ve sent emails and pucs of this stuff to the head of the MTO, my district officers and even my MPP’s and not one of them cared.
I DO LIKE THE ELD I have been using it for a few years already and especially in the USA I love it warns you by showing info on how much time you got before your half hour is due for the mandatory break and then how many hours you got left to drive to the 11 hours if you use it and then if you get in a binder with no parking and no hours left you to use PC and read the implication on how to report it and you could drive till you find a parking a safe one, I love it so easy to work with it either people net, Isaac, and any of the other they are all same.
Elds are a joke make you stop when not tired make you sleep or rest at weird hours of the day not enuf infrastructure in canada to do safe 15 min breaks or parking areas. Maybe make testing tougher or make trucking like apprenticeship and we wouldn’t have all the logging issues instead canada makes new drivers pay thousands of dollars for piece of plastic and sets them loose on our roads been doing this 36 years and the decline of qualified drivers has been on the rise foryears
Transport Canada is obviously not doing a very good job if everybody is not on the same page, shame on them. The provinces should all be on the same page with being compliant even if it takes a little longer but as we seen from the get go transport Canada was sitting on their hands. For some reason we are depending and allowing the government to dictate what the future of trucking should be and i don’t know why. I am all for rules and regulations but why can’t the provinces get together and figure things out, get on the same page and do it now quite procrastinating/dragging things out. wow, i’ve been in the trucking industry for about 30 years now and i’m ashamed of what it has become, shame on the people for allowing the government to destroy such a great industry.
What other job can you that gives you fines and tickets for not following the rules 100%. I judge can send the wrong man to prison and end up saying sorry. A doctor leave a tool inside somebody or given the wrong prescription and they say oops sorry about that. Us as truck drivers have to say when we stop and piss or get fuel or even fill out or logbook wrong and blame we get a ticket for x amount of dollars. What a joke.