Date Posted

June 1, 2021

Will ELDs be required for operators with the BC heavy trailer endorsement? (Specifically those who infrequently actually tow a trailer.)

If the company has a Federal Safety Fitness certificate, they are mandated to follow the Federal Hours of Service Regulation if the vehicle or combination of vehicle are not exempted under Section 2 of the regulation (Commercial vehicles weighing or registered for more than 4,500 kilograms and that operate inside and outside of Alberta)

“2 (1) These Regulations apply to all commercial vehicles other than the following:

  • (a)a two or three-axle commercial vehicle being used for
    • (i)transporting the primary products of a farm, forest, sea or lake, if the driver or the motor carrier is the producer of the products, or
    • (ii)a return trip after transporting the primary products of a farm, forest, sea or lake, if the vehicle is empty or is transporting products used in the principal operation of a farm, forest, sea or lake;
  • (b)an emergency vehicle; and
  • (c)a vehicle engaged in providing relief in the case of a public welfare emergency, as that expression is defined in section 5 of the Emergencies Act.”

 

How would you recommend running pickups that are registered under the 4500KG but then once they tow a trailer and now over the weight and need to use a logbook?

The definition of a commercial vehicle federally as described in question 1 which in this combination would be the case when you have a truck less than 4500kgs hook up to a trailer which then puts the combination over 4500 kgs.

Are there any exemptions for tow trucks?

There are no exemptions for tow truck operations, we do understand that operationally you may be held back from moving vehicle at the accident site which means you may not be able to move the vehicle to the intended destination.

You mentioned that the carriers with a Oil Well Cycle Permit are not required to have an ELD. Now does this just apply to the drivers listed on the permit or does it blanket the carrier that holds the permit?

There are two scenarios where you may have a permit, though, and could still require an ELD.

1)         Utilizing multiple drivers for single vehicles – some are HOS permit drivers and others are not

2)         Using the same trucks for company non- HOS permit activities, load pickup, deliveries, service repairs, equipment upgrades etc. – all of which would occur off the permit allowed activities

If you don’t fall under the two scenarios listed above then you aren’t required to install ELDs at this time.

Will the ELD provide us with prorate information to use or will we still have to log that separately?

Each ELD provider has various components to their systems, but most do have a module which will complete you prorate for you, please consult you ELD provider for the answer.

At a roadside inspection, is an electronic copy of Schedule 1 or Schedule 2 (buses) be sufficient or do we need to carry a paper copy of this?

Schedule 1 or 2 may be electronic but must be accessible by the operator and the operator shall be able to produce the schedules for a Peach Officer

ELD’s that allow every driver to provide their own devices. Is there a requirement to have an ELD device mounted/secured to the vehicle?

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, and shall ensure that it 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

Is there still a mandate to have the ELD connect directly to the vehicles ECM?

Yes the ELD must be connected to know when the engine is on and when the vehicle is moving this might be through a wired system or Bluetooth set up. ) An ELD must be integrally synchronized with the engine of the CMV. Engine synchronization for purposes of ELD compliance means the monitoring of the vehicle’s engine activity to automatically record the engine’s power status, vehicle’s motion status, total distance driven value, and engine hours value when the CMV’s engine is powered.

For vehicles that travel both in/out of the 160km exemption radius, will the ELD records be accepted as time records (within the 160km) for audit purposes?

Yes that would be the best and simplest way to ensure compliance with the 160Km radius rules. For more details on paper requirements please see the Federal HOS Interpretation guide page 44 https://ccmta.ca/images/publications/pdf//HoS_Application_Guide.pdf

Since ELD record everything, what about lease moves? Since not on a public roadway would not normally be recorded on a paper logbook.

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. (this would be the same a moving around a lease)

The ELD requirement is that directly related to the Registered weight of the vehicle, whether it pulls a trailer or not?

No, please refer to question 1 answer the specific details.

If I have a pickup licensed under 11793 which includes trailer weight do I have to use an ELD?

Yes as the Federal National safety code comes into affect at 4500kgs please refer to question 1 answer the specific details.

Although providers may be in the process of getting their ELDs certified….how do mobile apps for electronic log tracking come into play with certification?

There is a distinct difference between mobile apps which record your hours worked simply like a paper logbook, and ELD. The ELD must be capable of meeting the  technical standard Canadian Council of Motor Transport Administrators.

How long do we expect the certification process to take – as FP Innovations was named as the certifying company several months ago already?

There is not time limit on the certification process and all of the ELD companies have had challenges meeting the testing requirements, some ELD providers are very confident they will be certified by June. The best course of action is to go to you ELD provider or possible provider obtain that answer from them.

Will there be another webinar in the future as more information is available i.e. approved providers, more information on BC and the heavy trailer endorsement drivers?

We are planning another webinar, and when this pops up perhaps taking question in advance so we can research is a GREAT solution.

Can you clarify if an ELD needs to be seen when driving?

We need to emphasise that in the meeting I did not stress enough the importance of having the ELD 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.

There was a question on how the ELD was connected to the vehicle – from the Technical Standard

  • ELD-Vehicle Interface
  1. a) An ELD must be integrally synchronized with the engine of the CMV. Engine synchronization for purposes of ELD compliance means the monitoring of the vehicle’s engine activity to automatically record the engine’s power status, vehicle’s motion status, total distance driven value, and engine hours value when the CMV’s engine is powered.
  2. b) If the CMV has an engine ECM, the ELD must establish a link to the engine ECM when the CMV’s engine is powered and receive automatically the engine’s power status, vehicle’s motion status, total distance driven value and engine hours value through the serial or CAN communication protocols supported by the vehicle’s engine ECM. If the CMV does not have an ECM or any required data element cannot be captured from the engine ECM, an ELD must use alternative sources to obtain or estimate these vehicle parameters with the listed accuracy requirements under provision 4.3.1 of this Standard.

Is there no grace period when you need to produce HOS logs to road side enforcement?

There is no formal grace period, If there are connectivity issues that prevent the driver from  showing the log details to road side enforcement. Per CVSE, during the inspection, you will have approximately 30 minutes to provide this, so can attempt to retrieve  when communication is established again. Alternatively, the driver can call into their system administrator to have the logs emailed to the officer.

This is also a question you should ask of your vendor; how does your system function in areas with limited or no connectivity, especially if you operate extensively in such conditions. Multiple devices will function while offline, so connectivity is not needed to produce a logbook.

ELD’s are suppose to work in the US / Canada / Mexico ?

  • Most ELD providers have this option but it is up to your company to ensure that these rules are in the system. It is also important to know that you will be held accountable to the new rule set when you cross into the area.
  • Functioning and being compliant are two separate things. Even if an ELD functions in the US, and then functions in Canada, it may not follow the Canadian Federal HOS. The ELD List, when available, will provide confirmation of what functions to be compliant in Canada.

When you have a truck with a registered weight less than 4500kgs and you hook up to a trailer with registered weight do I need to run an ELD?

Yes, the total combined weight would be exceeding 4500 kgs with the truck and the trailer you would be a Federal Carrier. This means that the driver must meet all of the NSC requirements and the only way that person cold not run a log after pulling the trailer is if the drivers file was then changes to a NON NSC driver.

When a company is operating under a federal permit such as a oilwell permit and then take a load that does not qualify must they switch to cycles and take the 36 hours off?

Yes, in fact most companies I know that regularly haul non permit loads don’t operate under the permit because of that concern.

How will ELD system that use a personal phone be certified unlike a tablet in the vehicle.

  • The ELD displaying device will be checked as per device, ie. Phones certified with the download from the apple store will be the same on all devices so there is no need to certify each personal device.
  • ELD systems for use on a personal device will be evaluated and certified as an application. Validating that it meets the 450+ testing criteria required for Canadian ELDs. Recommend checking with your vendor which device(s) it will function on. To note, it will also require a means of connecting to the ECM, per TS 4.2 and a means of being fixed in view of the driver per SOR/2019-165, s. 24.

With an ELD, a driver may be operating within the 160km radius, does the ELD recognize this or how do you mark this in the ELD?

  • The operator will need to note that they are operating within the 160km radius, but frankly with ELD’s being so easy to use why would you not just use the ELD like normal even when your in the 160 radius.
  • Carriers do find there are a lot of other capabilities in an ELD system (telematics) that benefit their drivers and the company as a whole, so even if 100% short haul, or a mix, there can be value in having a system in your fleet.