As Canada’s ELD Mandate Comes into Force, Compliance is Impossible

What if a federal regulation is passed and no one complies? Hours before Canada’s electronic recording devices (ELD) mandate for federally regulated carriers – and still no certified devices approved by Transport Canada – comes into effect – this appears to be the sticky situation in which the industry will meet again when the clock strikes midnight on June 12.

Canada’s ELD mandate requires carriers to use a third-party certified ELD, a list of which will be posted on the Transport Canada website. However, no device has been approved to date. This does not mean that the settlement is postponed. It just means that there will initially be no way to comply.

A 12-month phased-in approach was announced by the Canadian Council of Motor Transport Administrators (CCMTA) in May, ensuring that no fines or penalties will be imposed when the regulations go into effect on June 12.

(Photo: Géotab)

FPInnovations is the sole body responsible for certifying ELDs for use in Canada. While this process is ongoing, it’s unclear when the devices will get their approval. It’s a source of frustration for Mike Millian, president of the Private Motor Truck Council of Canada (PMTC) and a vocal critic of the process.

“As of June 12, there will not be a single carrier in this country that complies with the federal ELD mandate, and not a single truck in Canada – as defined by an ELD by Transport Canada – will have a ELD in it, “he said.

“No Canadian truck will have an ELD on June 12 according to our regulations. Any device that is not on Transport Canada’s approved list of devices is considered an ERD. [electronic recording device]… Which is not a compliant ELD.

The Canadian Trucking Alliance (CTA) wanted full application of the mandate to begin on June 12, but recognizes that the complications and delays associated with Covid-19 required a 12-month phase-in period to be implemented. artwork. However, he is pushing for full enforcement in June 2022 and expects verbal and written messages to be passed through the app immediately once the mandate goes into effect.

“CTA wanted Transport Canada’s ELD rule to be fully enforced from day one for all federally regulated trucking companies, but unforeseen circumstances over the past year have changed these plans,” said CTA president , Jean Claude Fortin.

“The phased application announced by Transport Canada and CCMTA over the next 12 months will allow compliant companies to effectively move from paper logbooks to third-party ELDs. CTA believes that phased enforcement over the next 12 months should not be limited to education alone, but that written warnings and possibly sanctions should be strongly considered as June 2022 approaches to ensure that non-compliant carriers in our industry… throughout the next year and are forced to fully comply with all ELD requirements not a day after June 2022. “

He added: “CTA’s position is simple: in June 2022, there will be no excuse for a driver, a trucking company or anyone in the supply chain to misunderstand the compliance requirements and no excuse. reason for provincial and territorial governments not to apply the full scope of the ELD rule on federally regulated carriers.

Millian is worried about the sanctions, and even the warnings, that will be issued over the next year.

“We believe that no possibility of issuing warnings should occur until at least six months after a full list of devices has been approved and placed on Transport Canada’s list of approved devices,” he said. he stated in a press release. “Zero is obviously not a complete list, and the industry needs at least six months to transition after an adequate list has been provided. We advocate for education and awareness only, without warning, until at least June 12, 2022. “

Both PMTC and CTA support third-party certification of ELDs, to eliminate systems that can be tampered with. CTA is confident that the first devices of this type will be approved in the coming weeks. Carriers need to be in contact with their ELD suppliers to ensure that the product they use today will be certified, says Millian.

Those not currently using an ELD should research devices, ensure they will go through certification, and develop an implementation plan.

“If you sign a contract with a new vendor before they’re on the approved list, make sure you have a clause in the contract that protects you if their device ultimately isn’t certified,” suggests Millian. “Remember, as the transporter, you are the one who will be fined and possibly taken out of service once the regulation takes effect.”

Jacques DeLarochellière, President of Isaac Instruments, declared Trucking today the certification process takes longer than the six to eight weeks originally planned, but this is proof that the system is working. Some devices are being returned for minor revisions based on interpretations of the standard, but he said FPInnovations’ accuracy would prevent non-compliant devices from receiving approval, which was the goal of the certification process.

“It’s not going to be long,” he said, when asked when the first devices would be certified. “The process is taking longer than expected, but no one is to blame. FPInnovations has demonstrated a great knowledge of the space and respect for the process. They don’t have a lot of room for flexibility and that’s okay. It’s a very strict, very strict process.

DeLarochellière is confident that by the end of the summer, the dominant players in the Canadian market will be certified, which will give the industry more than six months to comply before the full application begins next June. They should be able to push updates to existing devices remotely, simplifying the compliance process for fleets.

“I’m pretty confident in the process and the industry is going to have coverage,” he said. “The process was supposed to take six to eight weeks – that’s a lot more than eight weeks. It hasn’t derailed, it’s not broken. It’s a solid process and it just shows that there are systems that need to be improved to be compliant.

When ELDs are certified, a table of approved devices will be published here.

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