Electronic Logging Devices (ELDs) were introduced to streamline compliance with Hours of Service regulations for commercial carriers while curbing fraudulent practices. However, the current regulations pose challenges for commercial carriers, making compliance near impossible. Let's delve into the issue and explore the complexities surrounding ELD malfunction compliance in Canada.

The Complex Requirement: According to section 78(6) of both the Commercial Vehicle Drivers Hours of Service Regulation and the National Safety Code Standard 9 – Hours of Service, commercial carriers in Canada must maintain a register of all ELD malfunctions or data diagnostic codes for the devices installed or used in their commercial vehicles.

Reasonable Intention: At first glance, this requirement seems reasonable. It allows carriers to document any ELD issues and track their resolution, creating a clear record of the device's lifecycle from malfunction to repair or replacement.

Wide Range of Malfunctions: Unfortunately, the ELD Technical Standard lists a broad array of malfunctions and data diagnostic codes that must be documented. These include power compliance malfunction, engine synchronization malfunction, timing compliance malfunction, positioning compliance malfunction, data recording compliance malfunction, data transfer compliance malfunction, and other ELD-detected malfunctions.

Data Diagnostic Events: Additionally, carriers must also document data diagnostic events, such as power data diagnostic events, engine synchronization data diagnostic events, missing required data elements data diagnostic events, data transfer data diagnostic events, unidentified driving records data diagnostic events, and other ELD-identified diagnostic events.

Astronomical Administrative Burden: As a result, carriers face an overwhelming amount of data to record during regular operations. Issues like unidentified driving, inaccurate GPS readings, and ECM discrepancies require individual entries in the ELD Malfunction Register. As this process requires manual information, the amount of administrative overhead effectively wipes out the gains achieved from switching away from paper logs into an ELD.

Limited ELD Printout Report: Checking the ELD Printout Report is insufficient, as it displays only the ten most recent malfunctions and data diagnostic events. Thus, carriers must resort to the ELD CSV Data file to ensure comprehensive recording.

A Call for Practical Adjustments: CayCan urges the Canadian Trucking Alliance, provincial trucking associations, and industry members to request practical adjustments from the Canadian Council of Motor Transport Administrators. The proposed adjustments include releasing an updated Hours of Service Interpretation Guide, clarifying when an ELD Malfunction Register is specifically required. This register should be limited to ELD malfunctions and exclude data diagnostic events. Alternatively, the register could be reserved for instances that require a driver to switch to a paper record due to a malfunction or data diagnostic event.

Conclusion: To ensure effective ELD compliance and reduce burdens for commercial carriers, it is crucial to address the challenges posed by the current regulations. Practical adjustments and clear guidelines will pave the way for a smoother ELD compliance process in Canada.

Sample ELD Malfunction Registry Entry