Transportation Brief: Canada’s Final ELD Rule
August 8, 2019
Canada’s Final ELD Rule
Transport Canada published its final ELD rule with a compliance date of June 12, 2021. While there is significant overlap with the U.S. ELD rule, there are notable differences of which cross-border motor carriers should be aware. First, when operating a commercial motor vehicle in Canada (even on a temporary basis), a motor carrier must operate with an ELD that complies with the Canadian ELD rule. The Canadian ELD rule requires ELDs to be certified through third-party testing prior to use in Canada. There is not a grandfathering period for use of non-certified or U.S. “self-certified” ELDs. Next, personal conveyance will be capped at 75 kilometers in a 24-hour period, and any movement beyond this limitation will result in an automatic duty-status change to “on-duty driving.” Driver- and motor carrier-malfunctions are treated differently under the Canadian ELD rule, and motor carriers will be required to maintain a detailed log of malfunctions. Lastly, the Canadian ELD rule exempts ELD use for rentals up to 30 days in length and for drivers operating under either a permit or statutory exemption. It is expected that many self-certified U.S. ELD vendors will offer an over-the-air software upgrade to assist with compliant cross-border operations.
Scopelitis’ Transportation Brief® is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.
Transportation Brief: Mergers & Acquisitions - Deal Failures in Hot Trucking Market
by Gregory M. Feary , Kathryne S. Feary-Gardner , W. Todd Metzger , Jay D. Robinson,Recently private equity firms and a steady stream of strategic buyers in the trucking market have taken a renewed and active interest in acquiring transportation businesses. Despite an active market, in part due to greater availability of loans and underwriting insurance, deal failures have occurred with greater frequency. In many cases, a mock due diligence audit can reveal some common issues.
Transportation Brief: Spotlight on Taxation Practice - Federal Employment Tax IC Classification Portfolio
Kelli M. Block , Steven A. Pletcher , Rebecca S. TrennerFederal employment tax audits remain an active battlefront for transportation companies that engage independent contractors. The ripple effects of such audits may be significant, particularly given the IRS’s information-sharing initiative with the U.S. DOL and state unemployment tax agencies.
Transportation Brief: For the Record - New Hires at Scopelitis
Thakena Hogue , Jared KramerHiring news from Scopelitis.
Transportation Brief: Dispatches
by Kelli M. Block , Jerad T. Childress , Jeffrey S. Jackson , Prasad SharmaTransportation Industry News & Trends
Transportation Brief: Dynamex Weeds are Growing in the Garden State
by Kelli M. Block , Gregory M. FearySupposed public policy concerns akin to those expressed by the Dynamex court have recently popped-up in New Jersey (another ABC Test state), thereby increasing the Garden State’s allure to adversaries as fertile ground for a misclassification battlefront.
- On the Road
Scopelitis attorneys are often invited to participate in meetings with transportation industry leaders. Learn more about their trips this quarter.