In my blog, Tampering 86(3) and Table 4, I reviewed the Data Diagnostic Events and Malfunctions from the Technical Standard Table 4 and the troubleshooting to mitigate these events. Data Diagnostic Events and Malfunctions are a continuous source of annoyance for ELD administrators and drivers. Without an interpretation guide from Alberta Transportation industry is flying blind and most carriers do not know how Data Diagnostic Events and Malfunctions are treated in a hours of service review in a NSC Audit.
There are ongoing efforts to revise the Technical Standard and allow Data Diagnostic Events to self-clear when the underlying issue is resolved. This would greatly benefit drivers and administrators by simplifying the process and reducing the burden of manual entries by the driver to clear these events.
These changes are urgently needed but, the wheels of government turn slowly. First, the proposed Technical Standard changes have to be adopted and a new Technical Standard written. The ELD providers will have to write new code, new programming needs to be tested and recertified. All of the ELD providers are either recently re-certified or are in the process of getting recertified. No ELD provider wants to pay for re-certification halfway through a 2-year certification term. The ELD certification process is already a massively expensive debacle (think ArriveScam). These ELD changes (if adopted) are at least a couple of years out.
In the interim I suggest using the NSC Standard 9 Hours of Service, Malfunctions section 78 (1) as the interpretation guide for Table 4 in the Technical Standard. NSC Standard 9 was developed by the CCMTA and endorsed by Transport Canada, Standard 9 focuses on the resulting Malfunctions rather than Data Diagnostic Events, aligning with the proposed revisions to the Technical Standard.
By following this strategy, carriers and ELD administrators can have a clearer understanding of how to interpret ELD-generated data while waiting for the necessary changes to be implemented. This interim solution offers a regulatory-supported approach to managing Data Diagnostic Events and Malfunctions effectively.
In my BLOG, “Why is trucking so F%&$ed up in Alberta? I can tell you why”, I explored the concern that Transportation and Economic Corridors have a vested interest in the economy and transportation safety becomes a secondary priority. Stop expecting Alberta Transportation to help you! Compliance and Oversight makes their budget from writing tickets, no matter how government tries to sell it.
Enforcement and education are two key components in a transportation regulatory framework, and they serve very different purposes. Enforcement uses penalties, fines, or legal actions to ensure compliance with regulations. It is a reactive approach that focuses on punishing non-compliance and deterring future violations. Education provides information, guidance, and resources to help industry understand and comply with regulations. It is a proactive approach that aims to promote awareness, understanding, and voluntary compliance.
Enforcement mechanisms are important for holding unsafe carriers and drivers accountable and maintaining whatever integrity is left of the commercial transportation industry. Where it all falls apart is when the regulatory bodies make the rules and don’t inform industry what those rules mean to them. Alberta Transportation and Economic Corridors has had the ELD regulations for three years and carriers facing departmental intervention are clueless to the risks.
In a roadside stop ELD penalties can add up fast. An example is; a driver’s ELD was in a malfunction state for the day the driver was stopped and inspected and the 14 previous days. If the driver did not follow the malfunction protocol the driver could be charged under 78(1) failure to ensure ELD operates in good working order and is calibrated and maintained. That penalty is recommended to be $1000.00 per offence for the driver. That would be $15,000.00. The carrier could be facing: 78(5) Failure to repair or replace ELD within required timeframe. $1000.00 per offence is $15,000.00 for the carrier. If the driver intentionally disconnecting the ELD to avoid accurate recording of the information that could be 86(3), Tamper with ELD $1000.00 per offence and the carrier could be facing 86(3) request require allow a person to tamper with ELD $2000.00 per offence. The carrier could be charged for every day because the carrier is supposed to be monitoring the driver, (87(1) and 78.3 (1)) using the carrier ELD dashboard and is aware of the malfunction. Imagine explaining to your boss how a driver earned the company a $32,000.00 penalty. Nobody gets a safety bonus this month!
This isn’t the good old days of trucking; drivers and carriers are monitored in real time and roadside officers are armed and have expanded powers including detention. Drivers need to take care during a roadside stop, speak respectfully and ask questions respectfully, even if the driver is correct and the officer wrong. In a roadside situation the person with the gun is always right and drivers need to remember that.
In summary, enforcement is about penalizing non-compliance, while education is about empowering compliance through awareness and understanding. Both enforcement and education are important tools in a regulatory framework, and a balanced approach that combines both can be effective in achieving regulatory goals. The problem is Alberta Transportation and Economic Corridors Alberta is not balanced; the focus is enforcement with no education for the carriers to be successful. Why would Alberta Transportation and Economic Corridors slit the throat of this cash cow when carriers can be kept in the dark and the cash keeps flowing?
Introduction:
Increasingly, carriers utilizing Electronic Logging Devices (ELDs) face challenges with unidentified driving events that can lead to violations during audits and investigations. However, by leveraging the exempt driver functionality within the ELD system, carriers may mitigate those unidentified driving events.
Understanding the Exempt Driver Functionality:
All ELD systems come equipped with an exempt driver function, allowing carriers to configure accounts for drivers who may be exempt from ELD usage. For instance, drivers operating under the short-haul exemption within 160 km of their home terminal can be designated as exempt. This designation enables the sharing of ELD-equipped commercial motor vehicles between exempt and non-exempt drivers seamlessly. The Technical Standard. 3.1.3 Configuration of user account exempt from using an ELD: As specified in 4.3.3.1.2 of the Technical Standard, an ELD must allow a motor carrier to configure an ELD for a driver who may be exempt from the use of an ELD. An example of an exempt driver would be a driver driving under the short-haul exemption under current HOS regulations (i.e. specified in regulation as within a radius of 160 km of the home terminal). Even though exempt drivers do not have to use an ELD, an ELD equipped CMV may be shared between exempt and non-exempt drivers and motor carriers can use this allowed configuration to avoid issues with unidentified driver data diagnostics errors.
Implementation and Training:
Drivers and administrators must be trained on how to utilize the exempt functionality in real-world scenarios. Administrators need to activate the exempt function when creating driver accounts, customizing it for specific drivers even if only a few will be using the exemption.
Compliance and Monitoring:
Drivers using the exempt functionality are not exempt from federal Hours of Service regulations but are excused from using a ELD to record the driver’s time. However, they still need to maintain alternative time records that meet regulatory criteria. Drivers must verify their exempt status periodically, as the ELD does not automatically maintain this status.
Challenges of the Exempt Driver Function:
Transitioning from exempt to non-exempt status can pose challenges, especially when the exemption ends, and ELD usage becomes mandatory. Drivers are required to enter time from paper logs or alternative records.
The Technical Standard 4.3.2.2.4 Indication of Situations Impacting duty-/driving-hour limitations: c) An ELD must provide the means to indicate additional hours that were not recorded for the current motor carrier during the current day or the required previous days specified in current HOS regulations:
(1) When this function is selected, the ELD must prompt the user to select one of the following
options:
i. Option 1: additional hours already recorded and reported in a RODS for another motor carrier.
ii. Option 2: additional hours not recorded since the driver was not required to keep a RODS immediately before the beginning of the day.
Conclusion:
The exempt driver functionality within ELD systems offers a valuable tool for carriers with drivers alternating between exempt and non-exempt status. While managing this transition may require additional effort from both drivers and administrators, the benefits of leveraging the exempt driver function for seamless operations and compliance monitoring cannot be overlooked. By understanding, training, and effectively implementing the exempt driver functionality, carriers may avoid unidentified driving events and avoid administrative penalties.
Table 4: Data Diagnostic Events and Malfunctions
Data diagnostic events and malfunctions are a continuous source of annoyance for carriers and drivers. Without an interpretation guide from Alberta Transportation industry must refer to the Federal Hours of Service Regulation and the Technical Standard.
ELD Refresher
ELDs record and transmit data, that is it. ELDs are programmed with parameters to account for real life and allow for little variances. For example, the ELD will start recording when the vehicle reaches 8 kms a hour. ELDs are required to record certain pieces of data that are regulated in the Technical Standard. If any pieces of data are missing, and the driver does not manually input the missing data the ELD will record a data diagnostic event.
Connection Concerns
The majority of data diagnostic events are due to connectivity issues. ELDs rely on technology and technology can fail. ELDs can be hardwired or connected via Bluetooth. We all have cellphones that rely on the existing cellular network. Think about a ELD like a cellphone. When you fly to Mexico for vacation you turn off your phone or go into airplane mode for the duration of the flight. Your life does not disappear for those 5 hours, your still getting text messages and comments on your Instagram. The phone holds on to the data in the cloud and when you land and reconnect to a network all the data is waiting. ELDs work the exact same way. When a ELD reconnects to the network and data is missing or the data isn’t correct the ELD will record a data diagnostic event.
Carrier Due Diligence and Accountability
Data diagnostic events turn into malfunctions when not resolved. The driver and the company are aware of data diagnostic events and malfunctions due to:
Data diagnostic events can self-clear if conditions are met. Example the ELD has a period of no connection to Bluetooth. The device will record a data diagnostic event and when the device is reconnected the event is cleared. It is still recorded as a data diagnostic event because the event happened but, the event will be cleared and it is no longer a compliance issue.
The Federal Hours of Service Tampering:
86 (3) No motor carrier shall request, require or allow any person to, and no person shall, disable, deactivate, disengage, jam or otherwise block or degrade a signal transmission or reception, or re-engineer, reprogram or otherwise tamper with an ELD so that the device does not accurately record and retain the data that is required to be recorded and retained.
A ELD that is unplugged or disconnected from the internet is not accurately recording or retaining the data that is required to be recorded and retained as per the Hours of Service 86(3)
Table 4: Compliance Malfunction and Data Diagnostic Event Codes:
P Power compliance malfunction
E Engine synchronization compliance malfunction
T Timing compliance malfunction
L Positioning compliance malfunction
R Data recording compliance malfunction
S Data transfer compliance malfunction
O Other ELD detected malfunction
1 Power data diagnostic event
2 Engine synchronization data diagnostic event
3 Missing required data elements data diagnostic event
4 Data transfer data diagnostic event
5 Unidentified driving records data diagnostic event
6 Other ELD identified diagnostic event
Code 1: Power Data Diagnostic Event
Problem: The ELD is not fully powered/functional within one minute of the vehicle’s engine receiving power. “Fully powered” requires that the driver connect to the vehicle with the ELD within one minute of the vehicle powering on.
Solution: Ensure that the driver connects the ELD to a vehicle within one minute of the vehicle powering on.
Code P: Power Compliance Malfunction
Problem: The ECM connection is unplugged from the ELD and there is driving time over 30 minutes over 24-hour period.
Solution: Ensure that the ELD is connected to the vehicle ECM whenever the vehicle is in motion. Drivers should follow the Malfunction criteria in the Hours of Service 78.
Code 2: Engine Synchronization Data Diagnostic Event
Problem: The ELD has lost ECM connectivity and can no longer acquire data within five seconds. Connectivity must be maintained between the ELD and the ECM while the vehicle is powered on.
Solution: Ensure that the ELD remains connected to the vehicle ECM while the vehicle is powered on.
Code E: Engine Synchronization Malfunction
Problem: The ELD loses connection to the vehicle ECM for a cumulative 30+ minutes of missing data: GPS, VIN, date/time, engine hours.
Solution: Ensure that the ELD remains connected to the vehicle while the vehicle is powered on. Engine Synchronization Malfunctions will clear on their own after 24 hours have passed since the last logged malfunction. Drivers should follow Malfunction criteria in the Hours of Service 78.
Code T: Timing Compliance Malfunction
Problem: The time on the ELD varies more than 10 minutes from the designated home terminal time.
Solution: The ELD will automatically resync its local clock to the GPS time once it becomes valid. If the driver is using the ELD on a cellphone disable the Automatic Time Zone Detection or Automatic Time Zone Adjustment function. Drivers should follow Malfunction criteria in the Hours of Service 78.
Code L: Positioning Compliance Malfunction
Problem: The ELD cannot obtain a valid GPS position within five miles of the last valid position for over 60 minutes of driving in a 24-hour period.
Solution: Ensure a satellite GPS connection. Try moving the ELD near a clear, unobstructed view to the sky. Reboot the ELD to re-establish a satellite GPS connection. Enter locations manually, manual locations will indicate a M in the latitude and longitude fields of the RODS and the CSV.
Positioning Compliance Malfunctions will clear after 24 hours have passed since the last logged malfunction. Drivers should follow Malfunction criteria in the Hours of Service 78.
Code 3: Missing Required Data Elements Data Diagnostic Event
Problem: There is missing data: GPS, VIN, date/time, engine hours in the ELD event record.
Solution: Ensure that the ELD remains connected to the vehicle while the vehicle is powered on.
Code R: Data Recording Compliance Malfunction
Problem: The ELD can no longer record new event data due because it is full.
Solution: Ensure there’s an active internet connection before using Bluetooth to connect the ELD with the ECM. Keep the driver ELD app open for the data to transfer to the server. Do not force close the ELD app. Drivers should follow Malfunction criteria in the Hours of Service 78.
Code 4: Data Transfer Data Diagnostic Event
Problem: The internal monitoring of the data fails and is unable to send the output file data.
Solution: Ensure there’s an active internet connection before using Bluetooth to connect the ELD with the ECM. Keep the driver ELD app open for the data to transfer to the server.
Code S: Data Transfer Compliance Malfunction
Problem: When a ELD records a data transfer data diagnostic event, the ELD increases the frequency of the monitoring to check every 24-hour period. If the ELD stays in the unconfirmed data transfer mode following the next three consecutive monitoring checks, the ELD must record a data transfer compliance malfunction.
Solution: Ensure there’s an active internet connection before using Bluetooth to connect the ELD with the ECM. Keep the driver ELD app open for the data to transfer to the server. Do not force close the ELD app. Drivers should follow Malfunction criteria in the Hours of Service 78.
Code 6: Other ELD identified diagnostic event
Technical Standard 4.6.1.8 Other Technology-Specific Operational Health Monitoring. In addition to the required ELD monitoring the ELD provider may implement additional, data diagnostic detection and may use the ELD’s data diagnostic status indicator to alert the ELD’s non-compliant state to the driver.
Solution: Ensure that the ELD remains connected to the vehicle while the vehicle is powered on.
Code O: Other ELD detected malfunction.
Technical Standard 4.6.1.8 Other Technology-Specific Operational Health Monitoring. In addition to the required ELD monitoring the ELD provider may implement additional, malfunction detection and may use the ELD’s malfunction status indicator to alert the ELD’s malfunction or state to the driver.
Solution: Ensure that the ELD remains connected to the vehicle while the vehicle is powered on. Drivers should follow Malfunction criteria in the Hours of Service 78.
Code 5: Unidentified Driving Records Data Diagnostic Event
Problem: There is over 30 minutes of unidentified driving time for the vehicle over the last 24 hours. If the vehicle is moving and there is no driver logged in, the ELD records that time separately.
Solution: The solution for unidentified driving is for the carrier to assign unidentified driving time. Unidentified driving data diagnostic events will clear when the cumulative time for unidentified driving is less than 15 minutes for the current day plus the last 7 or 14 previous days. That means once all the unidentified time is cleared up the malfunction clears up. A truck driving down the street with no driver behind the wheel would be considered a problem, why is a ELD recording a truck with no driver behind the wheel not a problem?
Unidentified Driving Records Data Diagnostic Events will clear when the cumulative time for unidentified driving is less than 15 minutes for the current day plus the last 7 or 14 previous days.
The Federal Hours of Service Tampering:
86 (3) No motor carrier shall request, require or allow any person to, and no person shall, disable, deactivate, disengage, jam or otherwise block or degrade a signal transmission or reception, or re-engineer, reprogram or otherwise tamper with an ELD so that the device does not accurately record and retain the data that is required to be recorded and retained.
A ELD that is unplugged or disconnected from the internet is not accurately recording or retaining the data that is required to be recorded and retained as per the Hours of Service 86(3)
Contraventions Regulations (ScheduleXVIII): SOR/2023-137
86(3) (a) Tamper with ELD $1000.00 – driver
86(3)(b) Request, require or allow person to tamper with ELD – $2000.00 carrier
One of the most convenient features of smartphones is the ability of the phone to adjust time zone to match your physical location. This feature is known as "Automatic Time Zone Detection" or "Automatic Time Zone Adjustment." This functionality ensures that the device's clock remains accurate and synced with the local time wherever you may be traveling. Most of us never think twice about this technology it just happens seamlessly. When you get off the plane and connect to a network, it is magically the correct time.
The Technical Standard allows for a ELD device to be hardwired or a handheld device (smartphone) connected via Bluetooth, Technical Standard 1.3. RODS data is captured in the time zone of the driver’s home terminal, Technical Standard 7.40 & 7.41. If the ELD UTC time does not match the time zone the device is in, by more than 10 minutes, the ELD will record a Timing Compliance Malfunction, Technical Standard 4.6.1.3. If a driver has the ELD on a smartphone and does not disable the Automatic Time Zone Detection or Automatic Time Zone Adjustment function of the phone, the ELD will record the Timing Compliance Malfunction when the time zone changes.
1. Download the ELD on a tablet and disable the Automatic Time Zone Detection or Automatic Time Zone Adjustment function.
2. Disable the Automatic Time Zone Detection or Automatic Time Zone Adjustment function on the driver’s smartphone but, be prepared the driver will be late or early for everything.
Having a ELD on a driver’s smartphone is convenient but, comes with other implications. Every trucking company needs to decide what ELD application works best for them. Speak with your ELD provider about your business to determine what solution will work for you.
