Appearance at TRAN: Supplemental Mandate Letter and on the pre-entry testing requirements

ELECTRONIC LOGGING DEVICES

LOCATION: OTTAWA

Issue: MANDATORY ELECTRONIC DEVICES FOR FEDERALLY REGULATED MOTOR CARRIERS AND DRIVERS

Date: FEBRUARY 2021

SUGGESTED RESPONSES

  • Transport Canada works closely with all levels of government and industry partners to strengthen commercial motor vehicle safety in Canada. This work includes oversight and maintenance of the National Safety Code, which is the basis for clear federal and provincial/territorial rules governing the safe operation of commercial vehicles.
  • Taking action in this area, in June 2019, Transport Canada published a regulation mandating electronic logging devices for commercial carriers. These devices replace paper-based daily logbooks, and mitigate the risk of driver fatigue.
  • On October 26, 2020, Transport Canada was pleased to announce the accreditation of the first certification body, FPInnovations, and with it, the commencement of the testing and certification phase of the electronic logging device mandate.
  • Electronic logging devices providers planning to have their devices tested and certified can access contact information for FPInnovations on Transport Canada’s website. (https://tc.canada.ca/en/road-transportation/electronic-logging-devices/registry-accredited-certification-bodies).
  • Provinces/territories are responsible for the implementation of their own provincial ELD mandate and Transport Canada continues to encourage Provinces/territories to immediately take steps towards amending their regulations accordingly, so that the safety benefits of these devices can be fully realized at the national level.
  • Provinces/territories are also responsible for the enforcement of both federally and provincially regulated motor carrier operational regulations (e.g. hours of service regulations that mitigate risk of fatigue).
  • Transport Canada is committed to the ELD mandate implementation date as established in Canada Gazette II (i.e. June 2021 coming into force).

BACKGROUND INFORMATION

  • Commercial motor vehicle safety is a shared responsibility among federal and provincial/territorial governments and owners/operators. Under the Motor Vehicle Transport Act, Transport Canada is responsible for certain operational matters relating to commercial motor vehicle activity (e.g. hours of service, safety ratings).
  • Provinces/territories are responsible for the enforcement of federal motor carrier operational regulations (e.g. hours of service regulations that mitigate risk of fatigue).
  • To advance a cohesive national approach to road safety, TC works closely with Provinces/territories through the Canadian Council of Motor Transport Administrators (CCMTA) on a number of collaborative commercial motor vehicle safety measures, including measures to prevent fatigue and distracted driving.
  • On June 12, 2019, Transport Canada published amendments in Canada Gazette Part II to the federal Commercial Vehicle Drivers Hours of Service Regulations (Regulations) to mandate electronic logging devices for federally-regulated truck and bus motor carriers and drivers who are currently required to maintain a paper daily log (http://canadagazetteducanada.gc.ca/rp-pr/p2/2019/2019-06-12/html/sor-dors165-eng.html?wbdisable=false).
  • The Regulations incorporate by reference the Technical Standard for Electronic Logging Devices (the Technical Standard) published by the Canadian Council of Motor Transport Administrators. The Technical Standard establishes minimum performance and design specifications for the ELD, which are largely based on U.S. technical requirements, but adapted to accommodate the Canadian Hours of Service (HOS) regulations.
  • The amendments provided for a two-year implementation period and will go in effect on June 12, 2021. The Minister has publically stated on numerous occasions that Transport Canada is committed to the June 2021 coming in force date.

Accreditation Scheme for Certification Bodies

The regulatory amendments require motor carriers and drivers to only use ELDs certified by accredited certification bodies (CBs). According to section 79 of the Regulations, certification bodies must undergo an assessment to verify: their accreditation to ISO/IEC 17065, their knowledge with respect to the certification of ELDs and the validity of their certification methodology and the validity of the results of that methodology.

TC has partnered with the Standards Council Canada (SCC) for the implementation of the TC ELD certification scheme. Standards Council Canada opened the accreditation process on March 18, 2020 (https://www.scc.ca/en/accreditation/bulletins/scc-accreditation-services-bulletin-2020-11-tc-eld-scheme-under-cbap-open-for-applications). In order to become a TC-accredited certification body, Standards Council Canada accreditation to the ISO/IEC 17065 ELD scheme is required. Once accredited by Standards Council Canada to the ISO/IEC 17065 ELD scheme, the CB-applicant will submit the accreditation report and application package to TC by email. TC accreditation is valid for five (5) years from the date of accreditation. An accredited certification body must continue to meet all the requirements as stipulated in the Regulations in order to maintain accreditation. The minister may suspend or cancel accreditation as described in the Regulations.

As of October 26, 2020, FPInnovations (FP) is the first Transport Canada accredited certification body after rigorous review and successful assessment by Standards Council Canada.

In an effort to strengthen the process, Transport Canada has had discussions with several potential candidates, resulting in 2 other candidates officially launching a formal accreditation application with Standards Council Canada. The Standards Coumcil of Canada typical accreditation process takes approximately 5-9 months.

Certification of ELDs

Once certification bodies are accredited, they will test and certify ELDs submitted by manufacturers or suppliers. This testing and certification will be based on TC specified test procedures, which in turn, are based on requirements set out in the ELD Technical Standard and the Regulations. Only devices certified by accredited CBs and subsequently listed on TC’s website will be deemed compliant for use by federally-regulated motor carriers and their drivers in Canada.

FPInnovations certification process runs for approximately 4-6 weeks. {ATIP removed}

FPInnovations and TC continue to hold regular meetings and similarly, TC alongside the CCMTA continues to field questions from ELD Manufacturers/suppliers on the Technical Standard requirements and the corresponding Test Procedures.

Industry and Labour perspectives on implementation and enforcement

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  • To that end, on February 2, 2021, the Private Motor Truck Council of Canada published an article in Truck News entitled “Help us pressure Transport Canada to act on ELD deadline”. {ATIP removed}
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Provinces and Territories perspectives on the enforcement of ELD mandate

From the outset, PTs have acknowledged the importance of ELD requirements, recognizing that driver error accounts for the vast majority of collisions in Canada, with fatigue being a major contributing factor.

  • Provinces and Territories are responsible for enforcement and compliance of Canadian road safety standards, including the new ELD requirements, and will therefore have a significant stake in a progressive enforcement approach.
  • Several provinces and territories have also expressed concerns about the short timeframe for implementation, as well as cost burdens on industry, emphasizing economic uncertainty and COVID-19 setbacks.
  • For example, in-person activities have been significantly reduced, affecting delivery of services to stakeholders, enforcement activity, recruitment and training of officers, industry consultations. In addition, resources have been diverted to border check-points to regulate essential travel, combined with an increased workload to address COVID-19 has slowed down progress on key files and initiatives, including ELD implementation.
  • In that context, Provinces and Territories and Transport Canada have established an ELD enforcement working group through the Canadian Council of Motor Transport Administrators to establish parameters for a comprehensive enforcement approach to ELD implementation.

Transport Canada current actions

With respect to Accreditation / Certification of ELDs, TC:

  • Continues to identify and encourage other organizations to apply for the accreditation process, support organizations that have already shown interest in the accreditation of ELDs and work with FPinnovations to accelerate the accreditation process.
  • Continues ongoing discussions with FPInnovations to monitor the timing and demand for certification as well as address any issues that may arise during the ELD certification phase.

With respect to Implementation time / Enforcement – {ATIP removed} TC:

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    • Working with CCMTA to finalize the response to the CTA’s letter in early 2021 and develop parameters for a comprehensive enforcement approach on ELD implementation.
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  • Continues to encourage PTs to immediately take steps towards the announcement of their own ELD mandates and to begin amending their regulations accordingly, mindful of COVID impacts.

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