As an Alberta-based carrier, understanding the intricacies of Safety Fitness Certificates (SFC) is essential for compliance and avoiding costly penalties. A common question that arises is whether an Alberta-based carrier with a Provincial SFC can operate outside of Alberta by simply purchasing permits in other provinces like British Columbia or Saskatchewan. The short answer is no, and here's why.
Intra-Provincial vs. Extra-Provincial: Know the Difference
First, let’s clarify the two types of SFCs:
It’s crucial to understand that an Intra-Provincial SFC does not give you the flexibility to temporarily operate outside Alberta by buying a permit in another province. The permits available in British Columbia and Saskatchewan that many carriers refer to are for vehicle registration (IRP) and fuel tax (IFTA) purposes, not for operational authority. This common confusion often leads carriers into regulatory trouble. Yes, I know your cousin’s uncle that owns a trucking company has been doing it for years but, that just means they haven’t been caught yet.
Why Permits Don’t Equal Permission
Many carriers mistakenly believe that purchasing a permit for registration or fuel tax allows them to operate extra-provincially. However, these permits are solely for the legal use of highways (registration) and the payment of fuel taxes. They do not grant you the authority to pick up or deliver loads outside Alberta.
The responsibility of understanding the need for a Federal SFC falls on the carrier. Unfortunately, Transportation & Economic Corridors, Traffic Safety Services Division do not provide education on this requirement. Alberta Transportation & Economic Corridors, Traffic Safety Services Division, Monitoring & Compliance Branch, Investigations & Enforcement Section focus is on compliance, and they expect carriers to be informed about the regulations governing their operations.
The Siloed System and Its Impact
One of the reasons carriers often find themselves in violation is the lack of communication between various government departments. Transportation & Economic Corridors, Traffic Safety Services Division, the departments responsible for permits and those overseeing SFCs operate in silos. This means that when you obtain a permit from one department, there is no cross-communication to inform you of other regulatory requirements, like the need for a Federal SFC.
This disconnect often results in carriers unintentionally violating regulations. Operating extra-provincially with an intra-provincial SFC the carrier is not just risking tickets or penalties but, extra-provincial carriers carry insurance that intra-provincial carriers do not. Should the carrier have an accident while outside the jurisdiction the insurance company may deny that claim and open the carrier up to liability.
The High Stakes of Non-Compliance
Safety Fitness Certificate follows the virginity rule, you only get one shot. An Alberta carrier with a Provincial SFC that is stopped operating in another jurisdiction would be made Federal and the carrier would have to apply to return to intra-provincial. The regulation AR 314/2002 Commercial Vehicle Certificate and Insurance Regulation Section 6 4.2(1)(c) uses the wording operates or intends to operate. Getting caught operating extra-provincially proves the intention to operate. Operating with an Intra-Provincial SFC outside Alberta is not just a minor infraction—it’s a serious violation.
Carriers operating extra-provincially require ELDs, speed limiters, and are required to pay Provincial Sales Tax (PST) in jurisdictions like British Columbia and Saskatchewan. Non-compliance with these requirements may put the carrier on the radar of Alberta Transportation & Economic Corridors, Traffic Safety Services Division, Monitoring & Compliance Branch, Investigations & Enforcement Section and the carrier will be caught on the never ending NSC Audit wheel of fortune.
Final Thoughts: Stay Educated and Compliant
Remember, Alberta Transportation & Economic Corridors, Traffic Safety Services Division, Monitoring & Compliance Branch, Investigations & Enforcement Section role is enforcement, not education. Ignorance of the law is no excuse; carriers must take the initiative to educate themselves on the regulatory environment they operate in. Investing time in understanding these regulations can prevent significant headaches down the road. Stay informed, stay compliant, and keep your operations running smoothly.
BC Ministry of Transportation and Infrastructure
The federal vs provincial SFC is an Alberta system, not BC. A BC NSC Certificate is not different for carriers whether they operate only in province or over borders.
If you have a Provincial SFC, you will need to apply and obtain a Federal one in order to cross into BC. We do not issue permits changing a carrier's standing or operational category.
SASKATCHEWAN SGI PERMIT OFFICE
Saskatchewan does not have any permits that covers the provincial safety fitness, customers need to have their fitness safety changed to federal before entering SK
The Government of Alberta announced changes to the MELT Class 1 Mandatory Entry Level Training program, turning the program into an apprenticeship model. These changes are urgently needed today but, it will take time to launch the program and is expected March 1, 2025. Currently MELT drivers pay upwards of $10,000.00 to obtain a Class 1 drivers licence and then most can’t find a job because insurance companies require two years of over the road experience. This apprentice model should fulfill the insurance company requirements and hopefully open federal funding for new students.
All of this is great stuff but, the reality is Alberta will produce quality, well trained drivers and put them to work in an industry that is a disaster. It is like raising Kobe beef only to sell it to Burger King. If commercial driving is going to be a trade, then it is time to hold the road transportation industry to that trade standard.
Transport Canada and the provinces and territories need to take a hard look at the road transportation sector and make some changes. There is zero accountability for trucking companies that utilize questionable practices like Driver Inc to circumvent taxes, immigration and human rights regulations. Driver Inc is a model based on commercial drivers, who do not own/lease or operate their own vehicle. These drivers are becoming incorporated and not paying source deduction like income taxes or Employment Insurance. The prevalence of chameleon carriers operating across Canada highlights the need for greater oversight and enforcement measures. A chameleon carrier is a trucking company that, if cited or closed down for a marginal safety record, quickly changes its name and address and restarts operations.
Chameleon carriers operate unchallenged across Canada, in Alberta the penalty for lying on a Safety Fitness application to fraudulently obtain a Safety Fitness Certificate is $1000.00 and the company is allowed to keep operating. To compare, also in Alberta, the penalty for not stopping for an invasive species boat inspection is $4200.00. Why does Alberta Transportation and Economic Corridors (TEC) not take road safety as serious as Alberta Environment takes protecting our lakes?
Alberta does not have accurate enforcement information from all jurisdictions, see my blog, Don’t look behind the curtain! unveiling the Alberta Transportation safety scam. Unless the provincial jurisdictions specifically contact each other about unsafe carriers potentially moving into other jurisdictions, a tragedy is usually the first notification. There is not a central transportation regulatory body in Canada that collects safety data as there is in the United States, the broken carrier profile system all we have in Alberta.
These sketchy chameleon carriers also can be self-insured. Because of this they can cause mayhem, then go bankrupt and start over with zero consequence. Trucking company insurance minimum requirement in Alberta is $10 million dollars. How much do you think a bridge or infrastructure strike costs to repair? British Columbia recently substantially increased the fines and jail time for drivers that hit structures. What about the trucking company that employs the driver? It may be the driver’s fault but, it is the carrier’s responsibility.
The lack of support systems for both rookie and experienced drivers exposes them to exploitation and mistreatment within the industry. Drivers have zero complaint options, even after being abused, unpaid, disrespected, forcibly dispatched and worse. Complaint procedures in Alberta are convoluted and inadequate, leaving drivers without effective recourse when faced with issues such as unpaid wages or unsafe working conditions. Alberta TEC, Compliance and Oversight department complaint procedures are an offense to the rights of workers that need urgent protection. The complainant is sent a witness statement via email. The issue is that the document it is a non-fillable PDF, so the driver needs to print it, physically fill it in, sign it, scan it, and email it back. How does that help or support the driver? Consider a driver that finally gets the courage to complain to the government and gets told to fill out a form. Drivers in a Driver Inc. situation working for chameleon carriers that go bankrupt and leave unpaid wages are not eligible for employment benefits because they are not employees. As a Driver Inc driver the only option is to get a lawyer and sue. Kobe beef cattle has more protections than drivers in Canada.
The qualified driver shortage is a real safety problem, and more training and experience is better for drivers and everyone on the road. Changes must be made in conjunction with large-scale fundamental improvements to the carriers and industry that employ these drivers. Commercial driving is dangerous and lonely with poor pay, no wage guarantees, terrible working environments with limited rest areas and parking. Unless you fix systemic issues, these red seal drivers will leave the industry or die on the highway trying. Make commercial driving a trade that people aspire to undertake the training and time to become a red seal, anything less is another waste of drivers’ time of money.
My favourite Minister, in my favourite department created a news release. Let’s see what Transportation and Economic Corridors (TEC) had to say!
Alberta is marking more than a year of working with Saskatchewan and Manitoba through the Prairies Memorandum of Understanding (MOU) to advance economic corridors and enhance collaboration with Alberta’s prairie neighbours. To date, the three provinces have achieved harmonization of regulations related to commercial carriers that improve both safety and regulatory requirements.
Bullshit! In the world of economic corridors and collaboration among provinces, it's essential to examine the actual progress made under MOU partnership. A year of following an agreement with no new initiatives. Way to go, celebrate accomplishing the bare minimum with a fake news release but, is the reality living up to the rhetoric?
“By keeping the momentum of the Prairies MOU going, we can continue to lead the way in building economic corridors, cutting red tape, and creating jobs. This paves the way to make nation-building projects a reality again in western Canada.” Devin Dreeshen, Minister of Transportation and Economic Corridors
The current state of Alberta TEC operations is not leading the way in anything. This is a department in disarray with no oversight, outdated and costly computer systems and redundant manual processes, not a ministry leading in red tape reduction.
The TPA (third party auditor program) is a disaster, TPA auditors have zero oversight and do not review accurate records because TPA auditors do not have encryption keys, check out my blog, Questioning Accountability: The Controversial Alberta Government TPA Program and its Impact on Trucking Companies.
Alberta Transportation and Economic Corridors Investigators and TPA’s use a paper chart to look up and convert hours of service information because the computer program (ARC) does not accept time by the second, check out my blog, Transportation and Economic Corridors data entry debacle, another waste of taxpayer dollars.
Alberta Transportation and Economic Corridors does not have accurate safety fitness information because Alberta cannot share complete enforcement information from other jurisdictions due to a computer problem see my blog, Don’t look behind the curtain! unveiling the Alberta Transportation safety scam.
As the rhetoric of fake progress clashes with the realities on the ground, it becomes apparent that mere fake news releases and empty promises are insufficient. It is imperative for the leadership group of Alberta TEC to address the systemic shortcomings, enhance regulatory coherence, and prioritize the needs of commercial carriers. By exposing the disparities between official TEC statements and on-the-ground realities, I aim to advocate for substantial reforms, fair treatment of commercial carriers, and a transparent approach to governance in the transportation sector. It’s time to drain the swamp.
It’s Rodeo season in Alberta! Albertans attend local rodeos to celebrate the important history of the rodeo and more importantly the impact livestock and agriculture have on our community. When listening to the opening remarks of the various elected officials that attend these rodeos remember this, Alberta Transportation and Economic Corridors created a special permit for the oil and gas industry. A permit that is not available to the livestock transportation sector despite the urgent need and requests from those drivers and carriers. See my blog The dirty business of lobbying and the impact on road safety for the specific details of that sketchy deal.
The oilfield exemption permit exempts federally regulated drivers operating under the oilfield permit from using a ELD (Electronic Logging Device), exempts the driver from the cycle restrictions and does not require the driver to record a work shift start and end time, only total hours. Federally regulated livestock transportation companies are required to install ELD’s and those drivers have zero exemptions.
The FMCSA (Federal Motor Carrier Safety Administration), the United States transportation regulatory body, has a livestock transportation exemption, 395.1 (k)(4) (Federal Motor Carrier Safety Regulation). The exemption was built into the ELD regulation and no permit is required. The ELD mandate in Canada requires a certified ELD to be programmed with the Canadian and the United States hours of service rules. The basis of the NAFTA agreement was to facilitate cross border trade between Canada, Mexico and the United States. How does allowing an exemption for US drivers but not Canadian drivers operating in the United States make any sense or respects the spirit of NAFTA?
The Alberta government mandate is focused on revenue generation and building the Alberta War Chest. If Alberta Transportation and Economic Corridors is not interested in allowing a free exemption for Livestock Transportation providers, then establish a Livestock ELD permit and make some money. The Province of Manitoba issues an ELD exemption permit why can’t Alberta?
The Honourable Devin Dreeshen, Minister of Alberta Transportation and Economic Corridors just announced in a news release July 4, 2024; Alberta is marking more than a year of working with Saskatchewan and Manitoba through the Prairies Memorandum of Understanding (MOU) to advance economic corridors and enhance collaboration with Alberta’s prairie neighbours. To date, the three provinces have achieved harmonization of regulations related to commercial carriers that improve both safety and regulatory requirements.
“By keeping the momentum of the Prairies MOU going, we can continue to lead the way in building economic corridors, cutting red tape, and creating jobs. This paves the way to make nation-building projects a reality again in western Canada.” Devin Dreeshen, Minister of Transportation and Economic Corridors
While the Prairies Memorandum of Understanding was supposed to harmonize regulations, the absence of ELD permits or ELD interpretations for commercial carriers in Alberta raises questions about consistency and accountability. It is crucial for commercial carriers to advocate for a level playing field and demand transparency from Alberta Transportation and Economic Corridors.
As Albertans gather to celebrate Rodeo season and the contributions of livestock and agriculture, it's essential to address the unequal treatment of transportation providers in the province. The disparities in ELD exemptions highlight broader issues of fairness, safety, and accountability within the industry. It’s not nice to play favorites.
On May 31, 2024, the British Columbia Attorney General’s office filed a lawsuit against a commercial carrier and a driver for damages, losses and expenses to repair a bridge damaged in an incident. This is a bold move for the Attorney General’s office and depending on the outcome it may open the door to other jurisdictions following suit.
In August 2022, a commercial vehicle was involved in an incident while transporting dangerous goods and the result was catastrophic. The driver was killed, a vital bridge was significantly damaged, and the community was cut off from essential services. The bridge is still being worked on and the current estimate is $4.25 million. In British Columbia the insurance liability limits for a commercial carrier are 10 million per occurrence and an extra $2 million for the dangerous goods. Maybe the British Columbia government should increase the minimum insurance liability limits to an amount that reflects the cost replacement value of a bridge today? In British Columbia it is a public insurance model, and this is just a matter of changing the insurance regulations.
In this case, the insurance company is never going to have to pay a dime to the carrier because the Attorney General has already pinned the blame on the company and the driver. The insurance company (who is the BC Government) has many many things to “limit liability”, when paying insurance claims. Good luck getting $4.5 million out of a trucking company and a driver’s estate. I personally do not know many drivers taking home that kind of money. The trucking company will go bankrupt with lawyer fees and what point is being made?
In its lawsuit, the federal government doesn't pinpoint exactly what caused the truck to crash into the bridge. Instead, it alleges that negligence from both the company and the driver "caused or contributed to" the crash and the resulting fire. The statement of claim says Troyer Ventures allegedly failed to check that the truck was "mechanically sound," inspect its brakes and ensure that the driver was properly trained for transporting dangerous goods. It also includes a long list of alleged errors made by the driver, ranging from neglecting to ensure the truck was sound and operating "while his ability to drive was impaired by fatigue or other factors."
The lawsuit does not provide evidence indicating how the incident occurred but, they allege the driver and company had a role to play. You know who else has a role to play? The provincial jurisdictions that are supposed to be monitoring commercial carriers to ensure the company has a maintenance program and is conducting vehicle inspections. Under the National Safety Code (NSC Standard 7) the provincial jurisdictions are required to use enforcement information from all of Canada and the United States to determine if the carrier meets the national safety standards. The carrier in the lawsuit, according to the public carrier profile system, currently holds an Alberta Safety Fitness Certificate with a Satisfactory safety rating. A Satisfactory rating means the carrier had a review by the Government of Alberta or a Third Party Auditor (TPA), who are certified by the Government of Alberta. That review found the Carrier has achieved acceptable results on NSC audit; the Carrier has not been identified on Alberta Transportation's monitoring list in the past 12 months and the Carrier has no outstanding compliance issues. Blowing up a bridge and a fatality from 2022 is not an outstanding compliance issue in 2024?
Two crucial aspects to bear in mind:
Dave Earle, the CEO and president of the B.C. Trucking Association said there is not enough staff and not enough enforcement being done. Now we have a situation for those inspections that are getting done, the data is not being received by the jurisdictions that are responsible for monitoring the carrier. The data the jurisdiction is using to determine safety isn’t correct or timely, is it any wonder that transportation safety is such a shit show? Nobody is watching.
If the British Columbia Attorney General is going to hold a carrier and a driver responsible, then I believe the Attorney General has a few bridge strike carriers to review. The same bridge strike carrier that is operating in Alberta because, it’s Transportation and Economic Corridors Department and Alberta is open for business. You can’t sue one carrier and not sue all the carriers that cause significant damage and death. Lawsuits go both ways, if the Attorney General is going after carriers and drivers then I know more than a few families who should consider suing their respective provincial jurisdictions for knowingly allowing operations despite glaring compliance issues and the jurisdiction’s own operational failings of compliance and oversight. We all have a role to play in transportation safety.
Alberta TEC has introduced a new risk factor scoring process as of May 1,2024 that is intended to enhance the identification of the most high-risk carriers operating in Alberta. I would ask the bridge department which carriers are high risk but, government loves data and scoring so, here we are. Roadcheck is in May and Roadcheck is when all the inspectors are out getting inspection numbers to stay certified. Roadcheck is also when all the tickets get written, what a funny coincidence that is. Historical carrier information will remain unchanged. This only applies to points after month-end for April 2024.
A carrier’s risk factor score (R-Factor) is used to determine a carrier’s on-road safety performance to pinpoint carriers with concerning data. For specific details the changes to the scoring are on the TEC (Transportation and Economic Corridors) May Bulletin 1.0: Overview of the Risk Factor Score, Risk Factor Score Change Summary & Carrier Impacts.
TEC (Transportation and Economic Corridors) acknowledges there may be fluctuations to carriers R-Factor score. Carriers may find that their risk factor score has changed from March 2024 to April 2024 month-end, as a result of the refinements. Changes in the risk factor score may impact carrier monitoring, and move the carrier on or off of monitoring, and/or move the carrier to a different stage of monitoring.
Alberta Transportation could not program an audit system that accepts time by the second (see my Data Entry Debacle BLOG). Alberta Transportation cannot get enforcement data from all jurisdictions because of a computer glitch (see my Hidden Dangers: Exposing the of Unreliable Safety Fitness Ratings of Alberta Motor Carriers BLOG). Can industry really trust Alberta Transportation to accurate calculate this “new” algorithm? Probably not. Every carrier should pull a copy of their carrier profile at the end of May, June and July to ensure there is nothing unexpected.
If you do find yourself in monitoring and you’re getting a review from the department, give me a call.
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.
I wasn’t going write a blog about drugs and alcohol because I agree that a commercial driver should never be impaired while driving a commercial vehicle. However, I decided to write this blog because of how Alberta handles commercial drivers outside of the normal criminal charges. I understand the spirit and intent of the regulation and I agree with it. Where this regulation has challenges is the lack of immediate roadside testing. Commercial carriers and drivers need to be aware of these rules. Remember the Sheriffs are here for enforcement not education.
This regulation lives in the Traffic Safety Act and the number is TSA 88.02(2)(A) if you want to check my work. If you are the driver of a commercial vehicle, there is zero tolerance on the consumption of drugs or alcohol. The immediate roadside sanction empowers Peace Officers to suspend a driver's license for three days and issue an administrative penalty (ticket) based solely on reasonable grounds to believe that the driver has consumed substances. This means that a formal test is not mandatory, leaving room for subjective judgment by enforcing officers.
Peace Officers in Alberta with powers under this regulation are:
The driver of a commercial vehicle gets zero tolerance on the consumption of drugs or alcohol. This means if a driver had a couple of beers within a few hours of driving, the driver will not be at a zero BAC. A 250 lb man after 2 beers will need approximately 3.5 hours to reach a zero BAC. There are a lot of commercial vehicles that are used for both work and commercial. Drivers need to be reminded that commercial vehicles have zero tolerance unlike a personal vehicle.
It is important for commercial drivers to be aware of their rights and responsibilities under this regulation. Despite the lack of a required formal test, drivers have the option to demand a test TSA 88.11(1) to prove their sobriety if they believe they have been unjustly accused. Choosing to accept the penalty without contesting it could have long-lasting repercussions on the driver's record and the carrier will have points on the carrier profile.
If a driver does get an administrative penalty under this regulation there is only 7 days to appeal. This is not a criminal charge and the point is to have the matter resolved quickly. Any appeal is heard by an adjudicator, not a judge. It is crucial for drivers to understand that this is a serious matter and not simply a minor infraction like an overweight ticket or having a low tire.
I’m 100% against any form of impaired driving, and I also recognize people screw up. During Roadcheck all the inspectors are doing inspections because inspectors need inspection numbers to stay CVSA certified. If Roadcheck 2024 focus is on drugs and alcohol, let’s assume all the additional inspectors are looking for drugs and alcohol. Make sure your drivers understand this isn’t a speeding ticket.
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
The Humboldt incident, which tragically highlighted the need for better driver training in the operation of commercial vehicles, prompted Alberta Transportation and other jurisdictions to introduce MELT (Mandatory Entry Level Training) to bridge this knowledge gap. MELT, as the name suggests, is entry-level training aimed at equipping individuals new to the field with essential skills, knowledge, and competencies necessary for safe and competent driving. This crucial training encompasses formal instruction, on-road training, mentoring, and assessments, laying the foundation for growth and development behind the wheel.
Most individuals undergo driver education in high school and then gradually build experience by driving. Most new drivers did not get a class 5 go home and hook up a trailer and drive in the mountains the next day. It is the same thing for MELT, it is entry level, why is it okay for a MELT driver to graduate and the next day load up a set of super B’s and go trucking? It isn’t and that is the carrier training component of AR314/2002 Section 41(1)(h)(i). to provide ongoing training related to vehicle operation and compliance with safety laws even after a driver has completed MELT.
Recognizing that experience plays a vital role in ensuring safe driving practices, Alberta Transportation is set to roll out an apprenticeship program starting in 2026. This program aims to transition drivers from entry-level to experienced while being closely monitored, akin to how pilots accumulate hundreds of flight hours before flying passengers. This underscores the importance of hands-on experience and continuous learning to mitigate risks and enhance safety standards in the commercial driving sector.
What do we do until 2026? Train the drivers!
What are the regulatory requirements for carrier driver training?
A Carrier Safety program in regards to driver training; According to section 40(1) of the Alberta Commercial Vehicle Certificate and Insurance Regulation (AR314/2002), a carrier must create policies that discuss these subjects in their safety program:
Carriers are required by law to make sure all employees are trained in and knowledgeable of all applicable safety laws: Traffic Safety Act - including, but not limited to those related to: Hours of Service, Cargo Securement, Rules of the Road, Use of Safety Equipment, Weights and Dimensions, Vehicle Maintenance and DVIR and Record Keeping.
Carrier Orientation and Training:
Carriers must also choose the ways they will inform all new employees about the company’s policies and procedures. They may also provide training to ensure the effective and safe operations of their commercial vehicles. Carriers may develop and deliver suitable training material within their own company or they may use public training courses. They may also hire a consultant to provide customized training, or they may use a combination of these options to train their employees.
Can I train drivers in house? This is the guidance from Alberta Transportation to auditors;
Answer yes if, There is a record of all related training on file (e.g. tests, certificates, course attendance lists, certificate of completion or list of all training completed), including training identified in the carrier’s Safety Program. It is expected that a driver receives training (such as: hours of service, trip inspection, load securement, weights and dimensions, DG as applicable, etc.) in all areas with respect to the operation of a commercial vehicle, if applicable. It is acceptable if this information is contained in a separate “training” file, computer or other system viewable by the User provided the carrier could easily produce training information for an individual driver verifying that applicable training was taken. Also answer “Yes” if evidence is found that drivers have been adequately instructed by their previous employer, then evaluated and accepted by their current employer. A written record of the evaluation must be present. User may accept any training that the carrier can demonstrate is adequate for their drivers given the type of job, vehicle, etc. that the employees operate. Alberta Transportation’s Education Manual was not created or intended to be used as formal training.
Can I use the Alberta Transportation Education Manual?
No, Education Manual disclaimer:
The material in this document is not intended to represent a full training course in any subject area covered. However, it may form part of a carrier’s larger training program. The reader is invited to reproduce all or part of this document, however, at no time should the information contained here be altered in any way nor used in a manner that would change the intended meaning of the material or its accuracy.
What records do I need to document driver training?
This is the guidance from Alberta Transportation to auditors: Does the carrier instruct drivers for: Hours of Service; Trip inspection; load securement; applicable safety law requirements; have an ongoing eval of driving skills?
Regulation: AR314/2002 Section 40 (1)(c) & (e).
Carrier has a written policy and any applicable training materials (may include evidence of instruction or examination from an external source/provider) clearly specifying the training required for drivers and an ongoing program for evaluating driving skills. Examples of training material that would be acceptable include tests, course materials and instructional videos. User may accept any written training policy that the carrier says they feel is adequate for their drivers given the type of job/ vehicle the employee operates. User should comment if they feel the training material is poor or requires updating. An example of what would be expected in order to be answered yes might include: The carrier’s program states “All drivers will be trained in Federal hours of service, trip inspections, load securement (commodity specific), weights/dimensions and must successfully pass a road test with the Safety Officer prior to being authorized to drive an NSC vehicle. Each driver will be required to re-certify in the vehicle every 24 months and pass a driver qualification review every 12 months.” For the purposes of answering this question only, actual proof of training is not required to answer “yes”; it must be in their program and, if it is, there should be training material available to support this. User may ask the carrier to see this material if it is not readily available. This question is asking what is the carrier doing with their drivers AFTER they have hired them and authorized them to drive in the first place (i.e. we don’t want a carrier hiring a driver and then never check up on them for as long as they work there). There is no measurement of what is acceptable and what is not acceptable, only does the carrier have a program in place to actually check on their drivers periodically to ensure they are still good drivers. This can be nearly anything, but it must still be reasonable.
Driver training is a endeavor that demands ongoing commitment and diligence from carriers to uphold standards and promote the professional development of drivers. By adhering to regulatory guidelines, implementing comprehensive training programs, and embracing the value of experience, carriers can avoid penalties as a result of an audit or investigation. Untrained drivers expose a carrier to increased liability in a serious on road incident.
