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Observation and Understanding

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Observation and Understanding

Distinguishing Features and Commonalities in the Canadian ELD Mandate in Comparison with the U.S.

Canada has adopted the U.S. ELD Mandate as a foundational model, tailoring it to suit its distinct requirements. The primary objective is to align regulations consistently with the U.S. Mandate, especially for fleets operating in both Canada and the United States.

Similarities:

  • Hours of Service (HOS): Both the U.S. and Canadian mandates maintain consistency in HOS regulations, indicating that there are no alterations to the existing rules.
  • . Data Retention: ELDs in both countries are obligated to compile and transfer an output file, with motor carriers mandated to retain drivers' Records of Duty Status for a period of six months.

Differences:

  • Grandfather Provision: Notably, the Canadian ELD Mandate lacks a grandfather provision for Electronic Recording Devices (ERDs) or Automatic On-Board Recording Devices (AOBRDs), a feature present in the U.S. mandate.
  • Rental Exemptions: While the U.S. FMCSA grants an exemption for eight-day short-term rentals, the Canadian proposal includes an exemption for 30-day rentals, demonstrating a disparity in this aspect.
  • Personal Conveyance Rules: Substantial differences exist in personal conveyance rules between the two countries. In the U.S., there are no specific time or distance restrictions, while in Canada, regulations limit personal conveyance to 75 kilometers (about 46.6 miles) per day, with a speed cap of 32 km/h (20 mph) during yard moves.
  • Exemption Rules: For the Canadian regulation, drivers resort to paper records of duty status if their vehicle was manufactured before the year 2000 or if they operate rental trucks for 30 days or less. If these conditions do not apply, and there is no permit or exemption in place, all Records of Duty Status (RODS) must be maintained with an ELD.
  • Driveaway-Towaway Exemption: The Canadian ELD mandate does not incorporate a driveaway-towaway exemption, distinguishing it from its U.S. counterpart.
  • Certification Process: All Canadian ELDs must undergo certification by an accredited third party, ensuring compliance with the Canadian standard, a requirement absent in the U.S. mandate.

Expected Outcomes of the Canadian ELD Mandate

As Canada prepares to roll out its own Electronic Logging Device (ELD) mandate, it can learn from the experiences encountered during the implementation in the United States. Similar to any new mandate, there are unintended consequences that Canada can anticipate, and drawing insights from the U.S. rollout provides an opportunity for proactive measures.

1. Detention Times Unchanged:

Initial hopes of improving detention times with ELDs in the United States have not materialized. Detention times have either remained the same or, in some cases, worsened.

2. Parking Shortages:

Parking shortages have become a significant concern, ranking fourth on the American Transportation Research Institute's list of pressing issues for the trucking industry. Drivers, unable to continue driving beyond their Hours of Service (HOS) limits, face challenges finding suitable parking facilities.

3. Speeding Increases:

Reports indicate a notable increase in speeding among U.S. drivers, attributed to the need for heightened HOS compliance. The choice between violating HOS regulations or facing delays has led some drivers to opt for exceeding speed limits.

4. Improved HOS Compliance:

Despite unintended consequences, the U.S. ELD mandate has successfully achieved one of its primary objectives – enhancing HOS compliance. Since enforcement began in April 2018, less than 1% of driver inspections have identified individuals without an ELD, and HOS violations have significantly decreased.

5. Roadside Issues:

The initial implementation period in the U.S. saw a learning curve for both enforcement personnel and drivers. As Canada adopts its ELD mandate, there may be instances where investigators are not fully versed in the specific requirements, necessitating thorough preparation for Canadian drivers.