FAQs about the Canadian ELD Mandate

ELD Basics

All your ELD Basics FAQs.

Who is required to have an ELD?

The Canadian ELD Mandate is a Final Rule released by Transport Canada requiring federally regulated carriers to equip certain commercial motor vehicles with a third-party certified ELD. Federally regulated carriers are those providing extra-provincial transportation and U.S.-based motor carriers operating in Canada. Covered vehicles include those registered at a gross vehicle weight greater than 4,500 kg and currently require the driver to use a logbook. Basic HOS rules did not change with the mandate.

 

Last updated: 06/01/2021

If my fleet only operates in one province, am I required to equip my commercial vehicles with ELDs?

The amendments to the regulations mandate the use of ELDs by drivers who are federally regulated and currently maintaining a daily log. If a driver is currently operating in compliance with a specific province or territory's regulatory requirements, there would be no change.

 

Last updated: 06/01/2021

Do I need to have a cab card in the truck?

Yes. The Canadian HOS regulations have been amended to require the motor carrier to ensure that each commercial vehicle that it operates carries an ELD information packet containing a current version of the following documents:

(a) a user’s manual;

(b) an instruction sheet for the driver describing the data transfer mechanisms supported by the ELD and the steps required to generate and transfer the data with respect to the driver’s HOS to an inspector;

(c) an instruction sheet for the driver describing the measures to take in the event that the ELD malfunctions; and

(d) a sufficient number of RODS to allow the driver to record the information required under section 82 for at least 15 days.

Regulations: Section 77(7)

Last updated: 06/23/2021

When prompted to change the operating zone at the border, many drivers don't pull over until reaching another state or province. Will accepting this prompt after the fact backdate the operating zone change?

The ELD technical standards are not clear on this subject other than to say "the driver must confirm the operating zone change." Some ELDs (including those from Omnitracs) will automatically detect zone crossings and store the data until the driver acknowledges the event. At that point, the zone change will be inserted into the driver's log at the date, time, and GPS location where the zone change actually occurred.

 

Last updated: 06/01/2021

Am I required to use an ELD when the vehicle is powered off?

No. The ELD is not required to function if the vehicle is not powered; however, if a driver is required to use an ELD to maintain RODS, the driver must use the ELD to capture all duty status change events. The ELD may provide the option for the driver to use some ELD functionalities when away from the vehicle.

 

Last updated: 06/01/2021

Are there concerns about running dual logs if partially done on paper and partly through an ELD?

While Transport Canada has included language in the new ELD regulations that would prevent the driver from doing this, the CCMTA has not developed the technical standard on accurately including additional hours not in the ELD. The requirement for the ELD to allow for entry of additional hours not in the ELD has been removed from the testing regime for certification. We have received confirmation drivers will be allowed to provide a mixture of records to complete the entire 14-day cycle at roadside until the CCMTA provides the correct technical specifications and Transport Canada clarifies the timing for its implementation into the ELD and the subsequent re-certification testing requirements. Regulations: Section 77(5)(f)&(h)

Last updated: 06/23/2021

Can a motor carrier create more than one ELD account for a driver?

A motor carrier must assign only one ELD driver account for each of its drivers required to use an ELD. An ELD must not allow the creation of more than one driver account associated with a driver's license for a given motor carrier. The motor carrier is also responsible for establishing requirements for unique user identifications and passwords.

Regulations: Section 78.1(a)&(b)

Last updated: 06/23/2021

If a carrier is federally regulated but has domestic trucks that stay within the province, are the domestic trucks required to switch to ELDs?

The amendments to the regulations mandate the use of ELDs by drivers who are federally regulated and currently maintaining a daily log. If a driver is currently operating in compliance with a specific province or territory's regulatory requirements, there would be no change.

 

Last updated: 06/01/2021

Is engine synchronization required?

Yes, an ELD must be integrally synchronized with the engine of the commercial motor vehicle. Engine synchronization means monitoring engine operation to automatically capture the engine power status, vehicle motion status, miles driven, and engine hours. 

 

Last updated: 06/01/2021

Must the ELD be wired to the vehicle’s ECM?

No, there is no requirement for the ELD to be hard-wired to the ECM.  It is simply required to have a connection to the ECM. That may be accomplished in both wired and wireless modes.

 

Last updated: 06/01/2021

When is location data recorded by an ELD?

An ELD records location data at 60-minute intervals when the driver powers the vehicle on and off, begins driving the vehicle, changes duty status or operating jurisdiction, and indicates personal use or yard moves.

Updated: 06/01/2021

Can smartphones with approved apps be used as ELDs?

Yes. An ELD can be on a smartphone or other wireless device if the device meets ELD technical specification standards.

Updated: 06/01/2021

What is the Canadian ELD Mandate?

The Canadian ELD Mandate is a Final Rule released by Transport Canada that effectively replaces paper logs and requires federally regulated carriers to equip their vehicles with compliant, third-party certified ELDs. It was released on June 13, 2019. ELD devices in Canada must be 1) compliant with Technical Standards, which are compliance standards published in the Canadian ELD Mandate, and 2) be certified by an accredited third party. The amended regulations can be found here. 

Updated: 06/01/2021

When are my province’s regulations being released, and does my province follow the same guidelines as Transport Canada regarding ELDs?

Each province and territory determines if, when, and how the Canadian ELD Mandate will impact intra-provincial carriers. I suggest you keep current on adoption information by checking in with your province's regulations regularly. You can also read our blog article with updated information here.

Updated: 06/14/2021

When will the Canadian ELD Mandate go into full effect?

The effective date for the Canadian ELD Mandate is still June 12, 2021. On March 2, 2021, the Canadian Minister of Transportation announced a phased enforcement period that will begin with awareness and education only. Two months later, the CCMTA stated jurisdictions should consider the education and awareness component through June 12, 2022. Stay up to date on the status of each province and territory's enforcement strategy here.

Updated: 06/11/2021

Which devices can serve as part of ELDs?

ELD software can be on a smartphone, tablet, portable device, or another wireless device as long as the software meets technical standards laid out in the U.S. and Canadian ELD Mandates. Any driver using a portable ELD must mount it in a fixed position visible from their normal seated position. It must remain mounted for the entirety of the time the driver is operating the vehicle.  

Updated: 06/01/2021

Can a driver access ELD records retained by an ELD?

Yes. An ELD must provide a mechanism for a driver to obtain a copy of the driver’s own ELD RODS in electronic or print form. The driver must not be required to go through a motor carrier to obtain a copy of their RODS if they reside or are directly accessible through the ELD. 

Updated: 06/01/2021

What is the difference between an edit and an annotation?

An edit is a change to an ELD record that does not overwrite the original record, while an annotation is a note related to a record, update, or edit that a driver or authorized support personnel may input to the ELD. All edits, whether made by a driver or the motor carrier, must be annotated to document the reason for the change. For example, an edit showing time being switched from "off duty" to "on-duty not driving" could be annotated by the carrier to note, "Driver logged training time incorrectly as off duty." This edit and annotation would then be sent to the driver for approval.

Updated: 06/01/2021

Can a driver or motor carrier edit a driver's ELD records?

Both the driver and authorized carrier staff can make limited edits to an ELD record to correct mistakes (other than automatically recorded drive time) or add the missing information. All edits must include a note (annotation) to explain the reason for the edit. In addition, motor carriers are only able to suggest edits to certified logs, and the driver must confirm that any carrier edit is accurate and re-certify the log. If the driver chooses not to re-certify RODs, this is also reflected in the ELD record. The ELD must keep the original, unedited record, along with the edits. Example: A carrier edits a record to switch a period of time from "off-duty" to "on-duty not driving", with a note that explains "Driver logged training time incorrectly as off-duty". The edit and annotation are sent to the driver to verify. The edit is not accepted until the driver confirms it and resubmits the RODS.

Regulations: Section 78.3(1)&(2)

Updated: 06/23/2021

How does a driver certify their logs at the end of the day?

The regulations require the driver to certify their RODS after recording the last duty status change for the day. The ELD will prompt the driver with a reminder of this requirement. When a driver certifies their RODS, the ELD creates an event capturing the date and time the log was certified. This event becomes part of the driver’s ELD record and is visible to anyone authorized to review the driver’s RODS.

Regulations: Section 78.2

Updated: 06/23/2021

Is a driver from Mexico required to use an ELD while operating in the U.S. or Canada (once the Canadian ELD Mandate goes into effect)?

Yes, a driver visiting from Mexico and operating in the U.S. or Canada must use a certified ELD in order to remain compliant with U.S. and Canadian federal regulations.

Updated: 06/01/2021

When can a driver use paper logs?

Drivers can use paper logs if: 1) the driver is not required to keep RODS; 2) the vehicle being driven meets a specific exemption from the ELD regulations, or: 3) the ELD is malfunctioning. If the ELD is malfunctioning, the driver can also use an electronic recording device to maintain their RODS.

Updated: 06/01/2021

When may a driver make manual entries into the ELD?

An ELD must only allow the driver to input information when the vehicle is stationary and the driver is not under an on-duty driving status.

Updated: 06/01/2021

Can multiple users have access to one ELD account?

Using one account for multiple ELD users is not acceptable. If a driver is performing a road test for example, unless the driver performing the road test has logged into the ELD with their own login, they should allow for the device to record an unidentified driving event. The administrator can later provide clarification the vehicle movement remains unassigned and include the reason as a "mechanic low-speed yard move."

Updated: 06/01/2021

What happens if I have agency drivers? How should they handle recording their hours on ELDs if the drivers change every day?

Drivers will be required to maintain RODS indicating the DOT number they worked under for each day and will be required to present 14 previous days plus the current day's RODS at a roadside inspection. This includes the records on the ELD in use at the time of the roadside inspection and the RODS from all non-compatible ELDs in either paper or electronic format necessary to fulfill the 14 previous day requirement.

Updated: 06/01/2021

What if a commercial vehicle is operated by a different driver on a daily basis?

Different users may authenticate into the same ELD. The ELD is specific to a vehicle, not a driver. Once authenticated as an authorized user of the ELD, the driver's logs previously recorded using a compatible ELD will be loaded onto the current ELD.

Updated: 06/01/2021

How long do you need to keep the ignition on after logging out to ensure it does not leave the driver in drive status?

In order to ensure the ELD captures all vehicle power-up events, drivers should allow the ELD to become fully functional and log into the ELD before cranking the engine. At the conclusion of a drive segment, drivers should always select the appropriate duty status to indicate the desired non-driving duty status in order to preserve available drive time and prevent the possibility of being locked into an erroneous drive segment. After the driver's non-driving duty status is displayed on the ELD, the driver should power down the vehicle and log out of the ELD. After fully logging out, the battery disconnect switch may be engaged if equipped.

Updated: 7/2/2021

Can a driver edit their ELD data after leaving the vehicle?

While not required, the motor carrier can include an ELD support system that allows drivers to make edits to ELD data when away from the ELD. Otherwise, the driver must return to the ELD and make edits. 

Updated: 7/2/2021

Can a driver have more than one user account?

An ELD must not allow the creation of more than one driver account associated with a driver’s license for a given motor carrier. For an owner-operator, the same person may have two accounts: a) a driver account for logging HOS and b) a supporting personnel account for managing the backend.

Updated: 7/2/2021

Are drivers required to have editing capabilities?

Yes, the ELD must allow the driver to review, edit, and annotate their ELD records to account for errors and omissions. ELD Technical Standards: Section 4.3.2.8

Updated: 7/2/2021

Can a carrier make edits to a driver’s logs?

The final rule allows for carriers, using their support personnel accounts, to propose changes to a driver’s certified ELD logs. To protect the driver’s logs from manipulation, edits requested by anyone or any system other than the driver must require the driver’s electronic confirmation or rejection.

Regulations: Sections 78.3(1)&(2)

Updated: 7/2/2021

Are there any edits that are not permitted?

Yes:

A) Events of type 2 (intermediate log), 5 (login/logout), 6 (CMV power-up/shut-down), or 7 (malfunction/diagnostic) may not be edited in any way. This includes an assumption of logs from the unidentified driving profile.

B) If a driver assumes unidentified driving time, the automatically generated change in duty status events would be associated with the driver, but any intermediate log events would not.

C) Edits that reduce the total amount of automatically recorded driving time recorded by the ELD are not allowed. The unidentified driving time may be transferred to a driver, and driving time may be transferred between drivers in a team driving scenario, but driving time may not otherwise be re-assigned or changed to another status and may never be cumulatively changed.

ELD Technical Standards: Section 4.3.2.8.2

Updated: 7/2/2021

Will HOS violation notifications to the driver be eliminated upon an annotation being made by the driver or motor carrier?

No, the annotations made by the driver or the motor carrier will be used by safety officials to help determine if a HOS violation has occurred. Annotations cannot impact any automatically recorded driving time.

Updated: 7/2/2021

The requirement is that an ELD without a printer be designed so that “the display may be reasonably viewed by an authorized safety official without entering the commercial motor vehicle.” Can you define “reasonable distance”?

This distance is not specified in order to account for the variety in size of screens. The safety official must be able to read the screen display without having to physically enter the cab of the CMV. This means any tethered device should have sufficient cabling to allow the device to be passed to the safety official outside of the cab without a requirement to leave the ground. ELD Technical Standards: Section 4.8.1.2

Updated: 7/2/2021

Is the display required to be handed to the inspector outside the truck?

The display must be designed so that it can be reasonably viewed from outside the cab of the vehicle. That may require the device to be untethered from its mount or connected in a manner that would allow it to be passed outside of the vehicle for a reasonable distance.

Updated: 7/2/2021

Can a driver use an ELD on a commercial motor vehicle with a model year older than 2000?

Yes. However, the ELD must comply with the ELD Technical Standards.

Updated: 7/2/2021

Does the 160 km exception apply to cross-border operations?

Yes. If the US destination is within the 160 km radius of the driver's home terminal and the driver returns to the home terminal each day to begin a minimum of 8 consecutive hours of off-duty time, then the driver is not required to use an ELD or maintain a RODS.

Updated: 7/2/2021

Will the vehicle location information identify street addresses?

No. Vehicle location information is not precise enough to identify street addresses. For each duty status change, the ELD must convert the automatically captured vehicle position in latitude/longitude coordinates into geo-location information that indicates the approximate distance and direction to an identifiable location corresponding to the name of a nearby city, town, or village with a provincial abbreviation.

Updated: 7/2/21

What does engine synchronization mean with regard to ELDs?

An ELD must be integrally synchronized with the engine of the commercial motor vehicle. Engine synchronization means monitoring the engine operation to automatically capture the engine power status, vehicle motion status, miles driven, and engine hours.

Updated: 7/2/21

Can an ELD record be set to record minimum duty status durations, such as 15 minutes?

No. The ELD will capture all entered duty statuses, and there is no minimum amount of time that these statuses must or should be engaged. While longstanding industry and enforcement practices may have relied upon minimum intervals of 15 minutes in handwritten RODS, an ELD provides a more accurate accounting of a driver's time. This should not be construed to indicate that the activities electronically recorded as less than 15 minutes are suspect, only that the time actually required to complete the task may be less than what had been traditionally noted in the paper RODS.

Updated: 7/2/21

What happens if cellular network limitations prevent an ELD from transferring ELD data output files during a roadside inspection?

If there are cellular network limitations that prevent the ELD from transferring the ELD data output file via email, the safety official will use the ELD's display screen or printout to verify compliance with the current HOS regulations.

Updated: 7/2/21

Can a motor carrier set up a driver account as an "exempt driver" and have another account for the same driver as a regular driver account?

No. The ELD rule prohibits multiple driver accounts for one driver. The motor carrier must proactively change the driver's status to and from exempt and non-exempt.

Updated: 7/2/21

Where can I find the Canadian ELD Regulations and the Technical Standards?

You can find the Canadian ELD Regulations here and the Technical Standards here.

Updated: 7/2/21

Is a physical connection between the ECM and ELD required in order to establish integral synchronization with the engine?

No. The Engine Control Module (ECM) and ELD may be connected by serial or control area network communication protocols. Hardwiring to the J1939 plug and Bluetooth connectivity are examples of methods of receiving the data from the ECM or vehicle data bus.

Updated: 7/2/21

If my available duty and drive time clocks on the ELD are wrong due to an error that cannot be corrected, such as an erroneous extension of drive time, is it acceptable to move to paper logs?

No. The regulations only allow for a driver to move to paper logs in the event the ELD has malfunctioned in accordance with the ELD Technical Standards. In this case, the driver must annotate the ELD log explaining the error. If appropriate, the safety official will recalculate the driver's hours to determine compliance with the current HOS regulations. The driver's available duty/drive time clocks will only reset as a result of a compliant/corresponding reset.

Updated: 7/2/21

RODS

All of your Record of Duty Status questions.

If HOS is down for maintenance, how will drivers transmit the file during a roadside inspection?

If the driver is unable to transfer the RODS electronically for any reason, the enforcement officer will use the display to review the driver's RODS. Only the enforcement official can determine if there is a violation of the requirement for the driver to transfer the logs electronically.

Updated: 06/01/2021

How can an ELD transfer data electronically in Canada?

An ELD can produce and transfer ELD data records for the current 24-hour period a driver is operating a vehicle and the previous 14 consecutive days. An ELD must be capable of electronically transferring an ELD output data file to an authorized safety official by email. In addition to email transfer, it may also optionally transfer local data via USB or Bluetooth. Omnitracs provides only the email transfer option.

Updated: 06/01/2021

What is the required RODS format?

For a Canadian ELD, the output file includes both an uneditable PDF and a CSV file to be sent in an encrypted e-mail to enforcement.

Updated: 06/01/2021

Enforcement

All of your ELD Enforcement questions.

What does soft enforcement mean, how long will it last, and will I receive any penalties during this period?

On March 2, the Canadian Minister of Transport, the Honorable Omar Alghabra, released a statement on newly formed enforcement procedures around the Canadian ELD Mandate. The mandated deadline remains as June 12, 2021. However, the government will begin a phased enforcement rollout after the deadline that focuses on education and awareness at first. Therefore, there will be no enforcement penalties at the start of the mandate and during the education and awareness phase. On May 5, 2021, CCMTA suggested provinces and territories assess no penalties until June 12, 2022. However, each province and territory will create its own strategy that will be adopted into its commercial vehicle driver regulations. View updates here.

Updated: 06/14/2021

During a roadside inspection in Canada, what should a driver be prepared to show an enforcement officer?

The enforcement officer will review the driver's RODS to verify compliance with Canadian HOS regulations. The officer can review the RODS on display if the driver has a printout. The enforcement officer can also request a driver transfer their RODS electronically using the ELD output file as specified in the technical standards. The ELD will report all relevant information and data elements required for that current 24-hour period and the previous 14 consecutive days.

Updated: 06/01/2021

When will fines for not being ELD-compliant go into effect?

Fines and points will only come after some period of time in the graduated enforcement program. Once we have reached that point in the enforcement strategy, fines for not having a vehicle equipped with a third-party certified ELD will be the responsibility of the motor carrier. If the motor carrier has not complied with the regulatory requirements, it is not likely possible to fight the related citation. View updates on phased enforcement here. 

Updated: 06/14/2021

Will companies be able to use paper logs past the June 12 deadline?

It is highly anticipated this will be an acceptable method for drivers to maintain their RODS after June 12, 2021. Each province and territory determines what enforcement strategy they will use, including acceptable methods for maintaining RODS and for how long. View updates here.

Updated: 06/01/2021

Can I continue to use an Electronic Recording Device (ERD) after June 12?

An ERD is an acceptable method for drivers to maintain their RODS for a period of time after June 12, 2021. Each province and territory will determine what enforcement strategy will be used during the next several months, including acceptable methods for maintaining RODS and for how long. View updates here.

Updated: 06/14/2021

Exemptions and Exceptions

All of your questions about Exemptions & Exceptions.

Are livestock carriers going to get an exemption as they have in the U.S.? If not, how will their violations be viewed at inspections when dealing with live freight? 

Canada does not have the equivalent federal ELD exemption as the US Livestock Carrier or Agricultural Exemption. Drivers subject to the mandate in Canada (which includes all drivers crossing the border) will be subject to federal regulations in Canada.

Updated: 06/01/2021

What should a driver do if they are stuck in traffic due to volume, an accident, construction, or weather and are at risk of running a violation? 

The Canadian ELD Mandate does not change HOS regulations. Driver's remain subject to the same driving and duty status limitations and exceptions.

Regulations: Section 76(1)-(4)

Updated: 06/23/2021

What are the exemptions to the Canadian ELD Mandate?

A motor carrier shall ensure that each commercial vehicle that it operates is equipped with an ELD that meets the requirements of the technical standard. The motor carrier shall ensure that the ELD is mounted in a fixed position during the operation of the commercial vehicle and is visible to the driver when the driver is in the normal driving position, with the exception of commercial vehicles that are: (a) operated by a motor carrier under a permit; (b) operated by a motor carrier to which an exemption has been issued under the Act; (c) the subject of a rental agreement of no longer than 30 days that is not an extended or renewed rental of the same vehicle; or (d) manufactured before the model year 2000.

Regulations: Section 77(1)(a)-(d)

Updated: 06/23/2021

Does the Canadian ELD Mandate apply to carriers within the 160km radius of the home base?

The 160km air radius concept exempts a driver from maintaining RODS. The motor carrier may still have a requirement for that driver to use the ELD as an exempt driver. Anytime the driver fails to qualify under the 160km air radius exception, RODS must be maintained using an ELD, unless one of the ELD exemptions are met. Drivers who qualify for the short-haul exception will be allowed to cross the U.S.-Canadian border but must not violate the HOS regulation in effect for the jurisdiction in which they are operating.

Regulations: Section 77(3)

Updated: 06/23/2021

Is there any exemption in Canada for employees who rarely drive?

No such exemption exists in Canada. If the driver does not qualify under any of the four exemptions in the Canadian ELD Mandate or fails to meet the requirements of the short-haul exemption for maintaining RODS, the driver will be required to use the ELD to record their RODS.

Updated: 06/01/2021

I have a highway truck that may be used for city work periodically, but the driver is not required to use an ELD. How should I proceed?

Unless the highway truck qualifies for one of the four ELD exemptions, the vehicle must be equipped with an ELD. The 160km air radius concept exempts a driver from maintaining RODS. The motor carrier may still have a requirement for that driver to use the ELD with an exempt driver status. Anytime the driver fails to qualify under the 160km air radius exemption, RODS must be maintained using an ELD.

Updated: 06/01/2021

Hours of Service

All of your Hours of Service questions.

Does the Canadian ELD Mandate change HOS regulations?

No. While Transport Canada has made amendments to HOS regulations in order to define compliance rules more clearly, HOS limits still remain the same for regulated carriers in Canada. The amended HOS regulations can be found here.

Updated: 06/01/2021

How does HOS logging work when one team member is in the sleeper birth and one is driving?

Both members of the team must be logged into the ELD. One log will be the primary (driver), and the other will be the co-driver. The ELD is capable of separately logging the activities of team drivers.

Updated: 06/01/2021

I have a number of drivers that work driving and non-driving shifts but need to record their HOS. Are those non-driving hours required to be in the ELD?

While Transport Canada has included language in the new ELD regulations that would prevent the driver from doing this, CCMTA has not developed the technical standard on accurately including additional hours not in the ELD. The requirement for the ELD to allow for entry of additional hours not in the ELD has been removed from the testing regime for certification. We have received confirmation drivers will be allowed to provide a mixture of records to complete the entire 14-day cycle at roadside until CCMTA provides the correct technical specifications and Transport Canada clarifies the timing for its implementation into the ELD and the subsequent re-certification testing requirements.

Updated: 06/01/2021

Are ELDs required to give a warning when the driver is near their HOS limit?

Yes. ELDs in Canada must be programmed with the capability to provide drivers with a 30-minute warning when reaching any driving or duty status limit.

Updated: 06/01/2021

Will Canada follow the same split-sleeper berth requirements as the U.S.?

No. The HOS regulations do not change in Canada because of the ELD requirement.

Updated: 06/01/2021

Malfunctions and Diagnostics

All of your Malfunctions/Diagnostics of ELDs questions.

How long do we have to fix an ELD that has experienced a malfunction?

In the event the ELD malfunctions and the malfunction continues without the ELD self-correcting, a motor carrier shall repair or replace the ELD. The motor carrier must replace the ELD:

a) within 14 days after the day on which the carrier was notified of the ELD malfunction by the driver or otherwise became aware of it, or

b) upon return of the driver to the home terminal from a planned trip, if that return exceeds the 14-day period.

Regulations: Section 78(5)

Updated: 06/23/2021

As a carrier, am I required to perform regular diagnostic and malfunction tests on my fleet’s ELDs?

No. There is no requirement for the motor carrier to perform any tests. The ELD must self-monitor and report to the driver when the device is experiencing a diagnostic or malfunction event.

Updated: 06/01/2021

How will Canada treat malfunctioning devices?

An ELD that shows it is experiencing a malfunction is not necessarily considered a "defective" device. However, a malfunction requires drivers and motor carriers to take specific actions as outlined in the regulations. A driver will be required to discontinue the use of an ELD that has malfunctioned and begin keeping logs using paper or an electronic recording device. This is true regardless of if or how the malfunction has impacted the ability of the ELD to accurately record the driver’s RODS.

Regulations: Sections 78(1)-(7)

Updated: 06/23/2021

When does an "unidentified driving records data diagnostic event" occur on the ELD?

An "unidentified driving records data diagnostic event" occurs when more than 30 minutes of driving time for an unidentified driver is recorded within a 24-hour period.

Updated: 7/2/2021

What does clearing an unidentified driving records data diagnostic event entail?

Section 4.6.1.6(d) states that "An unidentified driving records data diagnostic event can be cleared by the ELD when driving time recorded under the unidentified driver profile for the current day and the required previous days specified in current HOS regulations drops to 15 minutes or less."

This means the aggregate - 15 minutes total. Note that only "unidentified driving records data diagnostic event" can be cleared (in other words, marked inactive). The underlying records that generated the event may not be deleted.

Updated: 7/2/2021

Third-Party Certification

All of your questions about Third-Party Certification.

Is the ELD I use in the U.S. automatically good for use in Canada?

No. Requirements specified in the Canadian ELD Standard are aligned with those in the U.S. Final Rule for interoperability on both sides of the border. However, the Canadian ELD Standard includes additional requirements to comply with current HOS regulations in Canada. Current Omnitracs ELDs will require a software update and certification by an accredited third-party entity.

Updated: 06/01/2021

How much does it cost to certify an ELD?

The cost for device certification is contracted between the ELD provider and the accredited body. Neither Transport Canada nor the CCMTA has anything to do with the cost to certify an ELD device. The cost to obtain the certification is approximately 50,000 USD per device submitted for certification.

Updated: 06/01/2021

How can I ensure my ELD is compliant?

Transport Canada requires all ELDs to be certified for use by an accredited third party. Motor carriers must ensure that their ELDs of choice have passed the third-party certification requirement before committing to an ELD for their fleet.

Updated: 06/01/2021

Where is Omnitracs in the process of obtaining certification?

Along with Omnitracs, several ELD providers have undertaken the certification process with FPInnovations, leading to a number of devices in the queue to be tested. Many procedural processes must be complete before the testing begins. Once the device testing starts, it is expected to take four to six weeks for FPInnovations to complete its testing. If technical standards compliance issues are found with a device during testing, additional time is necessary to correct the issue(s), and retesting will take place.

Updated: 06/01/2021

How will Omnitracs communicate to its customers when its systems are finally certified and ELD compliant?

Once the certification has been achieved, an ELD Registration ID will be provided by the accredited body certifying the device. That ID will be embedded into the ELD software via an over-the-air update. The ELD will also be listed on the Transport Canada ELD website.

Updated: 06/01/2021

Will the provider or customer need to obtain certification?

The ELD provider is responsible for obtaining third-party certification of the ELD to be used in Canada. Motor carriers are required to equip commercial motor vehicles with ELDs that have received certification.

Updated: 06/01/2021

Is Omnitracs confident that its devices will be approved for use in Canada?

Yes, we are very confident.

Updated: 06/01/2021

How many certifying bodies are there?

There are currently three certifying bodies:

Updated: 7/23/2021

Vehicle Movements

All questions about Vehicle Movements.

How do I handle maintenance moves or shunting while operating in yard move?

Unless the driver moving the vehicle in the yard has logged into the ELD with their own login, they should allow for the device to record an unidentified driving event. The administrator can later provide clarification the vehicle movement remains unassigned and include the reason as a "low-speed yard move."

Updated: 06/01/2021

Can a user switch an ELD's recorded driving time to a non-driving time?

HOS regulations in both the United States and Canada prevent the editing of automatically recorded drive time. This includes a prohibition against shortening, changing to a non-driving status, or reassigning to anyone other than an authenticated co-driver in a team driving situation. Per the HOS regulations, drivers and motor carriers are limited to annotating the driving events recorded on a driver's log if they are deemed incorrect or in error. It is important for drivers to carefully think about the intention of the vehicle movement before beginning to drive. If a driver has not selected personal conveyance or yard move prior to the vehicle being moved, automatically recorded driving time will be recorded at 8 km/h. This drive time cannot be changed to personal conveyance or yard move. Likewise, if a driver fails to log out of the ELD and another driver moves the vehicle, that drive time will be recorded for the wrong driver, and it cannot be reassigned to any other driver. ELD Technical Standards: Section 4.3.2.8.2(b)&(c)

Updated: 06/23/2021

How is the ELD required to treat the transition from a drive status to an on-duty, not driving status?

Once the vehicle has been stopped for three seconds, a five-minute timer starts. Unless the vehicle is moved or the driver manually selects another duty status, a prompt will appear after 5 minutes. The prompt will ask the driver to confirm a change to on-duty, not driving. If the driver does not move the vehicle and one additional minute passes without the driver's confirmation, the driver is automatically placed on on-duty, not driving. The certification testing regime for Canada requires the placement of the on-duty, not driving status at the point of the duty status change, regardless if it is manual or automatic. Drivers should make every effort to manually change their status from drive to on-duty, not driving if they have concluded the driving segment to prevent the loss of drive-time availability.

Updated: 06/01/2021

What are the specifics for yard move statuses in Canada? Are yard moves limited to a specific range?

Per Transport Canada, “If a motor carrier authorizes a driver to operate a commercial vehicle for yard moves within a terminal, depot, or port and that is not on a public road, the motor carrier shall ensure that the driver's ELD has been configured so that the driver can indicate those moves." If a yard move is indicated before moving a vehicle, the driver will automatically transition to drive when the vehicle exceeds 32 km/h. There is no distance limitation. Additionally, if the driver had previously indicated the use of yard move and if the vehicle goes through a complete power cycle (power-down followed by a power-up), the ELD is required to prompt the driver to confirm the continued use of yard move. If the driver fails to respond to the prompt and begins moving the vehicle, the driver will be automatically switched to drive, which cannot be edited. Regulations: Section 77(4)

Updated: 06/23/2021

When will an ELD begin recording drive time?

An ELD must automatically switch to a driving status once the commercial vehicle is moving at eight km/h. HOS regulations in both the United States and Canada prevent the editing of automatically recorded drive time. This includes a prohibition against shortening, changing to a non-driving status, or reassigning to anyone other than an authenticated co-driver in a team driving situation.

ELD Technical Standards: Section 4.4.1.1

Updated: 06/23/2021

What are the established rules on personal conveyance in the Canadian ELD Mandate?

Commercial drivers operating in Canada can only go 75 kilometers/46 miles in a 24-hour period while traveling under personal conveyance. Once they exceed that driving time, their personal conveyance status will automatically switch to an on-duty, driving status. There are other limitations within the HOS regulations when using personal conveyance. Drivers should be familiar with the full regulatory requirements of personal conveyance in Canada.

Updated: 06/23/2021

How should mechanics performing a road test interface with the ELD?

Unless the driver performing the road test has logged into the ELD with their own login, they should allow for the device to record an unidentified driving event. The administrator can later provide clarification the vehicle movement remains unassigned and include the reason as a "mechanic road test."

Updated: 06/01/2021

What data does the ELD need to log when there is an unidentified driver?

When a driver does not log into the ELD and does not respond to the ELD visual and audible prompts, the ELD must record accumulated driving and non-driving time in accordance with the ELD defaults. When more than 30 minutes of driving in a 24-hour period accumulate in the unidentified driver profile, the ELD data diagnostic indicator must be turned on across all drivers logged into that ELD for the current day and the following 14 days. Other events that must be associated with the unidentified driver profile include the CMV engine power up and shut down, power compliance monitoring, and intermediate log events. ELD Technical Standards: Section 4.6.1.6(c)

Updated: 7/2/21

If an unidentified driving time is accepted by a driver, will the ELD still show the driving time as unidentified?

The original records reflecting unidentified driving will remain, but with an inactive status. When unidentified records are assumed, a new event record(s) for the driver is created using elements of the unidentified driver log(s) and driver input to populate missing elements of the log originally recorded under the unidentified driver profile.

Updated: 7/2/2021

If a driver rejects unidentified driving, should that be displayed on the ELD for the roadside inspection view and output file view?

The rejected unidentified driving events must remain available for review at roadside for the current day and the previous 14 days and are included in the ELD output files.

Updated: 7/2/2021

Is the ELD required to automatically change duty status from sleeper berth to driving upon sensing movement?

Yes, the ELD is required to automatically change a driver’s duty status to driving when the vehicle reaches the 8 km/h threshold or less after being in the sleeper berth duty status.

Updated: 7/2/2021

If a driver forgets to indicate the start of personal conveyance or yard move, can they later edit that automatically generated driving event and change that off duty to personal conveyance or on duty to yard move?

If a driver forgets to select special driving categories (personal conveyance or yard move) at the beginning and/or end of the special driving category, then the driver can make an annotation in the ELD record identifying the start and end of the special driving category. The ELD rule does not allow automatically recorded driving time to be shortened for the purpose of correcting special driving category selections.

Updated: 7/2/2021

Can an ELD use geofencing to automatically change a driver’s duty status to yard move?

No, this is not permitted under ELDs. The device can use geofencing to prompt the driver to change their duty status, but it cannot change the duty status automatically.

Updated: 7/2/2021

Can a driver be assigned driving records recorded under the unidentified driver profile and indicate a special driving category at the time they are assigned the unassigned driving record?

Yes, a driver can be assigned unidentified driving records under the unidentified driver profile and indicate a special driving condition (yard move or personal conveyance). However, an ELD must not allow the automatically recorded driving time to be shortened or altered in any way.

Updated: 7/2/2021

Can a driver edit their record after erroneously accepting a driving event that was originally recorded under the unidentified driver profile?

Yes, a driver can edit their record after erroneously accepting a driving event that was originally recorded under the unidentified driver profile. The ELD must prompt the driver to annotate edits. In addition, the carrier can suggest the edit to the driver's certified ELD logs, which can be routed to the driver for confirmation.

Updated: 7/2/2021

What must a motor carrier do with unassigned driving records from an ELD?

A motor carrier must either explain why the time is unassigned or assign the time to the appropriate driver. The motor carrier must retain unidentified driving records for at least six months as part of its HOS and ELD records and make them available to authorized safety officials.

Updated: 7/2/2021

Everything ELD: Canada

On June 12, 2019, Transport Canada — the Canadian government’s department responsible for developing transportation regulations and policies — released an amendment to the Commercial Vehicle Drivers HOS Regulations in the Canada Gazette, Part II. The amendment mandates that federally-regulated motor carriers and drivers maintaining daily paper logs for recording HOS will need to replace those paper logs with ELDs that have been tested and certified by an accredited, third-party certification body.

The effective date for the Canadian ELD Mandate is June 12, 2021, and it reflects the date when the regulations take effect. However, based on CCMTA’s recommendations, enforcement of the mandate will initially be in the form of education and awareness. Extra-provincial motor carriers and drivers should follow the guidance provided by each of the provinces and territories during this interim period. Read our blog article for important information and updates regarding phased enforcement.   

Canadian ELD Resources:

Blog: Canada issues Hours of Service Exemption for COVID-19 Relief
Blog: Third-Party Developments Are Underway for Canadian ELD Testing — Here’s How We’re Preparing to Help You
Webinar: Insights into the Canadian ELD Mandate
eBook: 3 Benefits to ELD Compliance in Canada
Infographic: 8 Steps to ELD Migration Success
Infographic: 12 Days of ELDs
Information Resource: Get the Facts about the Canadian ELD Mandate
Information Resource: ELD Preparedness Checklist
Infographic: 5 Reasons Drivers in Canada Will Love ELDs
Webinar: Canadian ELD Insights
Webinar: Canadian ELD Roundtable
Blog: Breaking Down the Canadian ELD Mandate Enforcement Announcement
Blog: From the Canadian ELD Mandate and beyond, You Can Count On Omnitracs
Information Resource: 7 Key Differences Between the U.S. and Canadian ELD Mandates
Blog: The Canadian ELD Mandate Now Has a General Timeline for Phased Enforcement
Webinar: Canadian ELD – What to Expect after June 12, 2021
Blog: 7 Things to Keep Top Of Mind Now That the Canadian ELD Mandate Is in Effect
Product Resource: Omnitracs ELD Cab Cards and User Manuals
Blog: 3 New Updates on the Canadian ELD Mandate
Quick Facts on the Canadian ELD Amendment  

•    Similar to the underlying purpose of the ELD regulations adopted by the Federal Motor Carrier Safety Administration (FMCSA), the Canadian ELD rules standardize processes to prevent errors, logbook tampering, and driver harassment.

•    Except for the addition of the ELD and other amendments, HOS regulations for commercial drivers in Canada remain mostly intact.

•    The amendment will require replacing paper logs and upgrading existing electronic recording devices with a regulation-compliant ELD device that connects directly to the engine ECM.

•    ELD devices in Canada will require compliance with the technical standards maintained by the Canadian Council of Motor Transport Administrators (CCMTA) and must be certified by an accredited third party. This is unlike the U.S. ELD Mandate that allowed ELD providers to self-certify their devices. U.S.-based carriers who operate in Canada will need to verify the devices they use to meet the U.S. ELD Mandate are also certified through the third-party, accredited certification process in Canada.

•    The final Canadian ELD Amendment, as published on June 12, 2019, does not contain a grandfather clause allowing for the continued use of an existing electronic recording device beyond the compliance time of June 12, 2021.

•    Canada will likely not approve exemptions to the same extent the U.S. has. As previously stated, the Canadian HOS regulations remain mostly untouched. The exceptions from the requirement for a commercial motor vehicle to be equipped with a certified ELD device are:

o    When being operated under a permit;
o    While being operated by a carrier to which an exemption has been issued under the Motor Vehicle Transport Act;
o    Subject to a rental agreement of no longer than 30 days that is not an extended or renewed rental of the same vehicle; or
o    When operating a commercial motor vehicle manufactured before model year 2000

Canadian ELD Required Functionalities 

The majority of the regulations amending the Commercial Vehicle Drivers HOS Regulations, as published in Canada Gazette, Part II, Volume 152, Number 12, are dedicated to the Technical Standards for ELDs.

Data sharing: Data will need to be easily — and securely — shared with law enforcement in a standardized format to save time and reduce confusion. There is a requirement for a certified device to have a single-step method to electronically transfer RODS at roadside. 

Logbook edits: Drivers will be able to edit their logs (with required annotations) and will be required to certify their RODS. Carriers will be able to suggest edits to a driver log; however, the edits suggested by the motor carrier will require the driver’s approval. 

Data collection: Devices will collect additional data, including engine power status, vehicle motion status, vehicle location, engine hours, miles driven, driver CDL#, truck VIN#, and more.

Driver alerts: Devices will be required to prompt the driver(s) logging into a vehicle with a warning indicating the existence of new unassigned driving time and also alert the driver when a device malfunction is detected.

Driver duty status: In addition to the various duty statuses already provided for in the HOS regulations, the ELD will provide for the special driving conditions of On-Duty Yard Move and Off-Duty Personal Conveyance. Both of these special driving conditions allow for vehicle movement without counting against allotted drive time. In Canada, Personal Conveyance will be subject to the current limitations of the Canadian HOS rules.

External Resources for the Canadian ELD Mandate

Visit Transport Canada’s official website to view real-time Canadian ELD updates, read through exemptions under the Motor Vehicle Transport Act, and more. 

Gain valuable ELD FAQs, view the Technical Standard for ELDs, and more on the CCMTA’s official website.

 

 

Everything ELD: U.S.

As of December 16, 2019, unless otherwise exempt from the requirements for using an ELD while operating a commercial motor vehicle, all U.S. commercial vehicle drivers are required to use an ELD to maintain their RODS.

U.S. ELD Resources

Blog: FMCSA Releases COVID-19 HOS Emergency Declaration (Periodic Updates Included)
Blog: Answering Your Top 20 questions on New HOS Changes
Blog: Three Helpful Facts to Keep in Mind on ELDs and eRODS
Blog: Regulatory HOS changes are Heading Our Way — Your Top Questions Answered
Blog: The FMCSA has Released a Final Rule on Hours of Service — Here’s What You Need to Know
White Paper: 5 Ways ELDs Can Enhance Your Operation
Webinar: Meet the Experts: Enhance Your Understanding of New HOS Changes
eBook: 3 Benefits of ELDs beyond Compliance
History of the U.S. ELD Mandate

In 2012, the United States Congress enacted the “Moving Ahead for Progress in the 21st Century” bill, more commonly referred to as MAP-21.

That bill, which also outlined the criteria for highway funding, included a provision requiring the Federal Motor Carrier Safety Administration (FMCSA) to develop a rule mandating the use of ELDs.

Fleets had until December 2017 to implement certified ELDs to record HOS. Fleets that were already equipped with Automatic On-Board Recording Devices (AOBRDs) before December 2017 had until December 16, 2019, to ensure compliance with the published specifications.

U.S. ELD Exemptions for Commercial Drivers:

Per the mandate, the following persons are not required to use ELDs: 

  • Drivers who use paper logs no more than eight days during any 30-day period 

  • Driveaway and towaway drivers transporting vehicle commodities, motor homes, recreational vehicle trailers (where one set of wheels of the transported vehicle must be on the surface while being transported) 

  • Drivers operating vehicles manufactured before the model year of 2000 

*Although these persons may be considered exempt, carriers are still encouraged to use ELDs even when not required. 

FAQs about the U.S. ELD Mandate

Find answers to the most frequently asked questions on the U.S. ELD Mandate. 

FAQs about the U.S. ELD Mandate

Find answers to the most frequently asked questions on the U.S. ELD Mandate. 

What is the U.S. ELD Mandate?

The U.S. ELD Mandate is a federal government regulation that requires commercial drivers to use ELDs to record their Hours of Service (HOS). The Mandate has also established ELD performance and design standards, requires ELDs to be certified and registered with the Federal Motor Carrier Safety Administration (FMCSA), and establishes supporting documents drivers and carriers are required to keep with them. It also formally prohibits driver harassment regarding ELD data or connected technology and offers assistance to drivers who believe they are victims of harassment.  

When did the U.S. ELD Mandate go into effect?

The FMCSA published the Final Rule on ELDs on December 16, 2015. The Mandate required commercial motor vehicle drivers to use either grandfathered AOBRDs or ELDs by December 18, 2017. The use of grandfathered AOBRDs was permitted for interim use during the following two years. As of December 16, 2019, all commercial motor carriers required to comply with the U.S. ELD Mandate must be using ELDs. 

Who needs to comply with the U.S. ELD Mandate?

All commercial drivers driving in the U.S. required to maintain RODS must comply with the Mandate unless they have special permissions granted through a temporary waiver or exemption from the FMCSA.   

Which U.S. drivers are exempt from using ELDS?

Per the Mandate, the following persons are not required to use ELDs:  

  • Drivers who use paper logs no more than eight days during any 30-day period  

  • Driveaway and towaway drivers transporting vehicle commodities, motor homes, recreational vehicle trailers (where one set of wheels of the transported vehicle must be on the surface while being transported)  

  • Drivers operating vehicles manufactured before the model year of 2000  

*Although these persons may be considered exempt, carriers are still encouraged to use ELDs even when not required.  

Is the motor carrier or driver responsible for ensuring they have a registered ELD? 

Either the motor carrier or owner-operator is responsible for ensuring their fleet is equipped with registered ELDs. Although the FMCSA will attempt to notify affected users on the removal of any registered ELDs, motor carriers are responsible for periodically looking through the registration and revocation list to ensure compliance. That list can be found here. 

How can an ELD transfer data electronically in the U.S.?

An ELD can produce and transfer ELD data records for the current 24-hour period a driver is operating a vehicle and the previous 7 consecutive days. An ELD must electronically transfer data to an authorized safety official using a predefined method established by the ELD provider using either a telematics or local method of transfer. 

What ELD documentation must drivers always keep on hand?

A driver using an ELD must have an ELD information packet with them at all times while operating a commercial motor vehicle. Any or all items may be maintained electronically. The packet must contain the following items: 

  • The user manual for the ELD being used  

  • An instruction sheet describing ELD-supported data transfer mechanisms and step-by-step instructions to produce and transfer the driver's HOS records to an authorized safety official 

  • A driver instruction sheet that contains ELD malfunction reporting requirements, including recordkeeping procedures during ELD malfunctions  

  • A minimum of 8 days' worth of blank RODS graph-grids  

How long must a motor carrier retain ELD RODS data?

Every motor carrier must retain ELD RODS data, including back-up data, for a minimum of six months. The back-up copy must be stored on a separate device. All kept records must be stored in a manner that protects driver privacy. A motor carrier must also retain a maximum of eight supporting documents for every 24-hour period a driver is on duty. A driver must submit their RODS and supporting documents to their motor carrier no later than 13 days after receiving them. 

If a driver uses a commercial vehicle for personal use, how should they record driving time?

The driver must record the driving time as Off-Duty Personal Conveyance time on their ELD. There is no time limit on personal conveyance in the U.S. 

Can a driver or motor carrier edit a driver's ELD records?

Both a driver and an authorized carrier can make limited edits, such as correcting mistakes or adding information, to an ELD record or records. Any submitted amendments must include an annotation that justifies the amendment. Additionally, a driver must also submit their confirmation that a carrier edit is accurate.  

What information does an ELD automatically record?

A registered and certified ELD will automatically record the following: 

  • Date 
  • Time 
  • Location data (at 60-minute intervals when the vehicle is in motion) 
  • Engine hours 
  • Vehicles miles 
  • Driver, authenticated user, vehicle, and motor carrier identification information 
When will an ELD begin recording drive time?

An ELD must automatically switch to a driving status once the commercial vehicle is moving at five miles/eight kilometers per hour. 

Can a user switch an ELD's recorded driving time to a non-driving time?

Not generally. However, there are limited exceptions that allow drivers or carriers to make limited fixes. This is only permissible in specific instances, such as when a driver mistakenly accepts a driving segment that doesn’t belong to them or as a correction of errors between team drivers.  

Which devices can serve as part of ELDs?

ELD software can be on a smartphone, tablet, portable device, or another wireless device as long as the software meets technical standards laid out in the U.S. and Canadian ELD mandates. Any driver using a portable ELD must mount it in a fixed position visible from their normal seated position. It must remain mounted for the entirety of the time the driver is operating the vehicle.  

Can a driver access ELD records retained by an ELD?

Yes. An ELD must provide a mechanism for a driver to obtain a copy of the driver’s own ELD RODS in electronic or print form. The driver must not be required to go through a motor carrier to obtain a copy of their RODS if they reside or are directly accessible through the ELD. 

Can a motor carrier create more than one ELD account for a driver?

An ELD must not allow more than one driver account to be created under the same driver name and license number. A motor carrier must also establish requirements for unique user IDs and passwords. 

When is location data recorded by an ELD?

An ELD records location data at 60-minute intervals when the driver powers the vehicle on and off, begins driving the vehicle, changes duty status or operating jurisdiction, and indicates personal use or yard moves. If a driver is using the commercial motor vehicle for personal use, location data is not recorded. 

Is a driver from Mexico required to use an ELD while operating in the U.S. or Canada (once the Canadian ELD Mandate goes into effect)?

Yes, a driver visiting from Mexico and operating in the U.S. or Canada must use a certified ELD in order to remain compliant with U.S. and Canadian federal regulations. 

Is engine synchronization required?

Yes, an ELD must be synchronized with the associated vehicle’s engine in order to automatically record engine power status, vehicle motion status, miles driven, and engine hours. 

External Resources for the U.S. ELD Mandate

Visit the FMCSA’s official site to gain official ELD information, updates on HOS regulations, international HOS regulations, ELD FAQs, and more.

Read through the full ELD Final Rule released by the FMCSA and the U.S. Department of Transportation.

 

 

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