CTA & OTA: Regulatory Clock Starts Ticking for Canadian ELD Mandate

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The 12-month countdown towards full enforcement of Canada’s electronic logging device (ELD) rule for federally regulated trucking companies will start on June 12, 2021. After a year, the educational enforcement period will end and give way to full enforcement – which, says the Canadian Trucking Alliance and Ontario Trucking Association, cannot come soon enough.

In light of circumstances related to COVID-19 over 2020 and into 2021, and the pandemic’s impact on governments and industry in introducing third-party certified ELDs, the provinces and territories have agreed to begin the mandate with 12-months of progressive educational enforcement.

As CCMTA noted in a message to industry on May 5 on the subject of ongoing enforcement, trucking companies are encouraged to check with each province over the next 12 months to educate themselves on how progressive educational enforcement will be implemented in each jurisdiction. Starting on June 12, CTA expects the education and awareness from government officials to start with verbal or written messages about the mandate and its requirements.

“CTA wanted to see Transport Canada’s ELD rule fully enforced starting on day-one for all federally regulated trucking companies, but unforeseen circumstances over the last year has altered those plans,” said CTA Chair, Jean Claude Fortin. “Progressive enforcement announced by Transport Canada and CCMTA over the next 12-months will allow compliant companies to effectively transition from paper logbooks to third party ELDs. CTA believes that progressive enforcement over the next 12 months should not be limited solely to education, but that written warnings and, eventually, penalties be strongly considered as we get closer to June 2022 to ensure non-compliant carriers in our industry, such as those based on the Driver Inc. model – who also perform poorly on safety – are closely scrutinized throughout the next year and are compelled to fully comply with all the ELD requirements not a day after June 2022.”

“Either way, CTA’s position is simple: In June 2022, there will be no excuses for a driver, a trucking company or anyone in the supply chain to misunderstand the requirements of compliance and no reason for provincial and territorial governments not to enforce the full extent of the ELD rule on federally regulated carriers,” added Fortin.

The Ontario Trucking Association also welcomed the start of the mandate and looks forward to full enforcement on non-compliant carriers in exactly one year.

“The introduction of third-party certified ELDs will achieve two main objectives – improve road safety and level the playing field for compliant trucking companies. This is achieved by forcing non-compliant trucking companies, the Driver Inc. contingent, to comply with the hours-of-service rules they often strategize to break for competitive reasons,” said OTA Chair Wendell Erb.

The Province of Ontario issued a guidance to the trucking industry this week outlining the path forward for the ELD mandate and enforcement over the next 12 months.

“OTA will be working with the Province to ensure that the progressive educational enforcement strategy introduces sustained techniques to focus on non-compliant carriers. As we move closer to June 2022, and compliant carriers continue to make the successful transition to third party certified ELDs at an accelerated pace because of increased availability of devices, we will be asking MTO to explore and operationalize a host of additional progressive measures to ensure the ELD requirements are well known and documented to all parties. This strategy will remove any doubt about the requirements and the timeline of a fully enforced ELD regime in June 2022,” said OTA senior VP, Policy Geoff Wood.

Close to 70 percent of long-haul trucking sector in Canada currently have ELDs in their trucks. Over the coming weeks, ELDs are expected to be certified through Transport Canada’s process. Fleets in Canada and those based in the U.S. operating in Canada, will quickly come into compliance with the mandate.

Compliant fleets who still use paper logbooks are already doing their due diligence with ELD vendors, and as soon as the devices are certified, these fleets will be able to purchase and install the devices well in advance of June 2022 hard enforcement deadline.

To learn more about purchasing third party compliant ELD devices, go to CTA’s website and search for Team Canada suppliers for the leading ELD vendors.

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