Transportation Brief: Canada’s Final ELD Rule

by Jerad T. Childress, Brandon K. Wiseman

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.

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