The following Frequently Asked Questions (FAQs) and answers were developed by the Compliance and Regulatory Affairs Committee of the Canadian Council of Motor Transport Administrators (CCMTA). They are intended to highlight specific requirements and policies for U.S. domiciled motor carriers operating in Canada with an Electronic Logging Device (ELD) or Automatic On-Board Recording Device (AOBRD).
Q1: Will a U.S. domiciled motor carrier be required to manually enter the motor carrier’s address in their ELD when operating with an ELD in the Canada?
A1: Yes, the motor carrier’s address must be manually added.
Q2: When a U.S. domiciled driver is operating a CMV with an ELD is stopped for inspection in Canada, what ELD information is required to verify HOS compliance?
A2: The U.S. driver must produce a complete ELD report via display, printed report or electronic data file, on demand, for the current 24-hour period and each day during the required previous 14 days. All drivers must operate in accordance with the Canadian HOS regulations when operating in Canada.
Q3: If a motor carrier operates in both Canada and the U.S., will the ELD need to meet both the U.S. technical specifications and Canadian ELD specifications when they are finalized?
Q4: If a U.S. motor carrier operates in both Canada and the U.S., will the ELD need to measure distance in both kilometers in Canada and road miles in the U.S.?
Q5: If a U.S. motor carrier operates in both Canada and the U.S., will the ELD need the capability to switch from the HOS regulations in Canada to the U.S. HOS regulations and back when the driver crosses the U.S.-Canada border?
Q6: What if there is a malfunction or cellular network limitations in the Canadian Province/Territory where the roadside inspection is being performed on a U.S. domiciled driver?
- If there is cellular coverage, an ELD must be able to comply with the request to verify the drivers HOS and retrieve the data for the inspecting official.
- If there is no cellular network, the U.S driver must reconstruct the record-of-duty status for the current 24-hour period and previous 14-days consecutive days and record the records of duty status on graph-grid paper logs, unless the driver already possess the records or the records are retrievable from the ELD.
- If there is a malfunction, the U.S. driver must affirmatively note review of the malfunction and confirm that he/she will prepare a handwritten record of duty status (RODS) of all subsequent duty status until the ELD is operational again.
- If there is a malfunction and the U.S. driver can not retrieve the data or reconstruct their RODS for the inspecting official, the driver will be placed out-of-service.
Q7: What are the personal use requirements for all CMV drivers required to use an ELD when operating in Canada?
A7: The Canadian HOS regulations do not include a requirement to report CMV location during personal use. However, the driver must report the odometer readings and GPS location at beginning and end of personal use.
Q8: Is there an accumulated distance limitation in the Canadian HOS regulations for operating a CMV equipped with an ELD for personal use?
- Yes, the Canadian HOS limit a driver to 75 kilometers (or 46.6 miles) of personal use within a 24-hour period and only when:
- In the case of a single vehicle, all cargo has been fully unloaded, or,
- In the case of a tractor and trailer(s), the trailer(s) are unhitched from the tractor unit.
- If a driver exceeds the maximum distance allow under the Canadian HOS, the ELD must not allow the CMV driver to indicate the beginning of another period of authorized personal use.
Q9: Will the ELD installed in the CMV of a U.S. motor carrier operating in Canada be required to notify the U.S. domiciled driver when the driver’s cumulative distance driven for personal use throughout the 24-hour period exceeds the maximum distance allowed under current Canadian HOS regulations?
A9: Yes, the ELD must be capable of notifying the driver at least 30 minutes in advance of reaching any duty-/driving-hour limitations. The ELD may provide additional driver notifications for 60 minutes, 90 minutes etc. The ELD must clearly indicate which lime the driver is about to reach for the current 24-hour period, work shift or cycle being used.