With wildfire season in full swing, many carriers are supporting emergency efforts using special permits. This has raised the question: How do permits interact with ELD requirements?
The short answer: they don’t—at least not easily. The only way to make permits work within the ELD (Electronic Logging Device) environment is by using the Exempt Driver function.
A “Paper Tiger” Exemption
The term paper tiger refers to something that appears powerful or protective on paper but is ineffective in practice. This analogy applies well to how ELD exemptions work under current regulations.
Per regulation, any commercial vehicle over 4,500 kg must have an ELD installed. However, the driver may be exempt from using the ELD under certain conditions, such as when operating under a permit. Because these exemptions are built into the regulations, ELD systems had to incorporate a way for a driver to operate in “exempt” status.
But here's the catch: even in exempt mode, the ELD remains connected to the ECM (Engine Control Module) and continues recording data. If a vehicle is operated without someone logged in to the ELD and connected to the ECM, it generates unidentified driving events. These unidentified driving events can:
This is why using the Exempt Driver function correctly is crucial.
How the Exempt Driver Function Works
All ELD systems include a way to designate drivers as exempt. This allows drivers—such as those operating under an HOS permit—to avoid logging work time electronically during those periods.
Steps to Use the Exempt Function:
Enforcement Considerations
Roadside or Inspection Station:
Drivers stopped roadside or at an inspection station are required to produce RODS for the current day and the 14 previous days Federal HOS Regulation SOR/2005-313 98(1) & (2). While operating under a permit the driver should produce:
If asked, the driver should be able to explain that while the ELD is connected to the ECM, they are operating in Exempt Driver mode. The ELD will display Exempt Driver Status “E” per Technical Standard 4.8.1.3 for inspector confirmation.
Audits or Investigations:
If a driver using an exemption is selected for an HOS review, the carrier should:
Why This Exemption Is A Paper Tiger:
The exemption is only effective while it applies. Once a driver switches from exempt back to regular ELD operation, they are required to enter workshift data for the previous 14 days.
According to Federal HOS Regulation SOR/2005-313 Section 77 (5)(f):
Drivers must enter the number of on-duty and off-duty hours accumulated over the prior 14 days if they weren’t required to keep a log.
And per the Technical Standard 4.3.2.2.4 Indication of Situations Impacting duty-/driving-hour limitations(1), ELDs must allow drivers to indicate:
This is often where confusion or non-compliance happens—hence the “paper tiger” label.
Conclusion
The Exempt Driver function in ELD systems is a critical tool for carriers whose drivers alternate between regular and exempt HOS status. While it requires added effort from both drivers and administrators, it’s the only reliable way to avoid unidentified driving events, audit issues, and penalties.
Understanding and using this feature properly ensures your operation remains compliant—even when working under wildfire-related or other emergency permits.
In the absence of an interpretation guide from Alberta Transportation or Transport Canada, the following reflects my opinion based on the applicable technical standards and the federal Hours of Service Regulation.
On May 12, 2025, Alberta’s Minister of Transportation, Devin Dreeshen, signed Ministerial Order 20/25, which introduced amendments to the Commercial Vehicle Certificate and Insurance Regulation (AR 314/2002). These changes are already in effect and impact driver recordkeeping requirements, NSC Standard 15 audit scoring, and NCCR evaluations.
Despite reaching out to Alberta Transportation Compliance and Oversight and the Alberta Motor Transport Association (AMTA), I have received no clarification or further information on the updated requirements or the prescribed new form. Stakeholders are left without guidance on compliance changes that are now enforceable.
Summary of Key Changes to Section 41(1): Driver Records
Previous Regulation:
Carriers were required to maintain the following:
Revised Regulation (Post-Ministerial Order 20/25):
My Interpretation of the Changes:
The revised wording appears to consolidate several previous requirements:
Impact on NSC Standard 15 & NCCR Audit Scoring
Previously, carriers could earn up to 4 points across four individual audit questions. Now, due to the consolidation:
Key Concern:
This scoring method could disadvantage carriers and negatively impact audit results unless there is an accompanying change to the scoring methodology—which has not been communicated by Alberta Transportation.
New Requirement: Record of Commercial Driving Experience (driver exit abstract)
Ministerial Order 20/25 introduces two new sections: 31.3 and 31.4.
Section 31.3(1–2):
Section 31.4(1–2):
My Understanding:
This relates to drivers transitioning from Learning Pathway (Alberta-only restricted license) to a full Class 1 license. However, the specific certificate format or template has not been made available.
What Should Carriers Do Now?
Here’s my advice until further direction is provided:
✅ Update your safety program driver recordkeeping policies:
✅ Review your driver files:
⚠️ Regarding the commercial driving experience certificate:
Final Thoughts & Call to Action
It has now been over a month since the Order was signed, and Alberta Transportation has failed to provide adequate updates or resources to affected carriers. This level of information hoarding puts carriers at risk of non-compliance through no fault of their own.
What You Can Do:
I will continue reaching out to Alberta Transportation and the AMTA. As soon as I receive any updates, I will post a follow-up blog.
The annual CVSA International Roadcheck is May 13–15 2025, and the focus this year is on tires and electronic logging devices (ELDs). If you're operating in Alberta, brace yourself—because I predict the ELD portion of this blitz is going to be an absolute gong show.
Why? Alberta Transportation Compliance and Oversight has utterly failed to provide direction, interpretation, or training to industry stakeholders and the very inspectors who are tasked with enforcement. I’ve written more than a few blogs about this ongoing ineptitude, and Roadcheck 2025 is about to put it on full display.
The Problem with Alberta’s Approach to ELDs
The ELD regulation was published in 2019, came into force in 2021, and was fully adopted across Canada on January 1, 2023. That means Alberta has had 835 days and counting to provide clear, actionable guidance. And what have they done with that time? Absolutely nothing.
Motor carriers are being penalized roadside and during NSC Standard 15 audits for regulations that Alberta hasn't applied correctly—or consistently. This lack of leadership, guidance, and basic communication is setting the industry up for failure, and during Roadcheck, it amounts to entrapment.
When provinces adopt federal regulations, it's their job to explain what those rules mean to their stakeholders and how they'll be enforced. Alberta's refusal to do this amounts to information hoarding—keeping the industry in the dark so they can issue more penalties. It’s hard to punish an educated industry, and Alberta Transportation knows that.
Let’s break down the key ELD focus areas for Roadcheck 2025, based on the CVSA’s announcement, and what you really need to know.
1. Tampering (The Big One)
Tampering will be a huge issue, especially because Alberta Transportation has failed to pass along critical information. In August 2024, Transport Canada and the Canadian Council of Motor Transport Administrators (CCMTA) directed provinces that an active data diagnostic event (displayed as a "D" on the ELD) is not a violation—it may resolve on its own once conditions change.
Alberta never told carriers or drivers. Now, during Roadcheck, an inspector may falsely label a diagnostic event as tampering or a disconnected device. This is unacceptable.
2. Driving While Not Logged In
Unidentified driving events are created when a truck moves and no one is logged in, or the driver hasn't Bluetooth-connected to the ECM. This leads to missing mileage and data. Make sure the ELD is paired and connected before moving the vehicle.
3. Odometer Mismatch
There is no regulation that says the ELD mileage must match the truck’s dash odometer. In fact, under the Weights and Measures Act, it’s illegal to alter the truck's odometer. The FMCSA clarified this in 2017: How should the ELD handle the dashboard odometer display not matching the odometer value returned by the ECM? For instance, when the engine is replaced and the value is not synced. If the dashboard odometer display does not match the odometer value returned by the ECM, the ECM odometer value must be identified as the valid value.
4. Improper Edits
Drivers and admins can and should edit to ensure accuracy. For example, if you fuel and then go off-duty but forget to change status, editing that later with a clear annotation is not a violation. Inspectors should be trained to evaluate the context of edits—but in Alberta, don’t count on it.
5. Ghost Drivers & Login Issues
6. Personal Conveyance (PC) Misuse
To legally use PC:
And yes, annotate that you're in PC and state why.
7. Misuse of Adverse Driving Exemption
This isn’t a get-out-of-jail-free card. If you regularly use adverse driving to extend your hours, expect scrutiny. It’s for unforeseen events, not bad planning.
8. Off-Duty While Working
If you're working—loading, unloading, waiting at a border, even fueling—you’re on-duty. If your BOL shows a 10:00–12:00 loading time and you’re logged off-duty, you’re going to get nailed. Inspectors can and will ask for documentation to verify your RODS.
9. Malfunctions (Critical Omission)
Shockingly, CVSA’s bulletin didn’t mention ELD malfunctions. If your ELD shows an active malfunction, you must:
Failure to do so? Violation.
10. Daily Vehicle Inspection (pre-trip) location not matching RODS location
This is not a violation this a result of ELD programing. The daily vehicle inspection location is derived from GPS. The ELD location is derived from the Canadian Geo-Location Database which is not always the same. The data is coming from 2 different locations.
The bigger problem of Roadcheck and ELD violations, no room to park!
In Canada Roadcheck 2024 inspectors conducted inspections of 5411 commercial vehicles over 72 hours. The hours of service regulations are very specific regarding what violations a driver would be put out-of-service and not able to drive. If even half the drivers have violations for ELDs there is not enough room at the scales or at a roadside inspection area to park 2500 trucks for 8 to 10 or up to 72 hours until the required time off is taken by the driver to not be out of service.
What You Should Actually Do
According to the CVSA bulletin: Inspectors are available to answer questions about tire maintenance and violations, and to help drivers and motor carriers navigate the hours-of-service regulations in their jurisdictions. Based on the hours of service tickets I have encountered from my clients don’t count on it.
If you’re confused about ELD rules—or worse, get a ticket or out-of-service —call or email me before you accept guilt. I’ll help you review and fight it. Think of me as your friendly neighborhood Fairy RODSmother.
Let’s have a safe, successful Roadcheck 2025.
Introduction:
We can all agree the ELD hours of service regulations desperately need an interpretation guide especially around NSC Standard 15 Audits. The adoption of Electronic Logging Devices (ELDs) has brought about significant changes in how hours of service regulations are enforced and monitored. Understanding the intricate guidelines around ELDs, particularly in relation to NSC Standard 15 Audits, is crucial for both trucking companies and drivers to avoid penalties and ensure compliance.
ELD Interpretation Guidelines and Regulatory Responsibility:
The need is great for a comprehensive interpretation guide for ELD regulations, specifically NSC Standard 15 Audits. The CCMTA (Canadian Council of Motor Transport Administrators) in conjunction with Transport Canada developed the ELD Technical Standard and the certification testing. However, the responsibility for interpreting these regulations falls on individual provincial jurisdictions. When a provincial jurisdiction chooses to adopt a federal regulation, it is up the provincial jurisdiction to decide what that regulation means to its constituents. This lack of standardized guidelines can lead to confusion and misinterpretation, highlighting the importance of clear communication between regulatory bodies and industry players.
When Alberta Transportation chose to adopt the Federal Hours of Service regulation, which included the ELD mandate, Alberta Transportation had a governmental obligation to inform industry what that meant, especially when issuing administrative penalties/fines for contravention of that regulation. A trucking company that received an administrative penalty or downgraded SFC should seek clarification from Alberta Transportation, to explain the penalty. Industry needs fair treatment and transparency in enforcement of regulations. Maybe if industry starts questioning things, Alberta Transportation will have to deal with ELDs. Alberta Transportation dropped the ball that is clear, but what does industry do now? Status quo isn’t going to work anymore; it’s been 2 years.
The Spirit of ELD Mandate and the Technical Standard:
Whenever a regulation is questioned, bureaucrats like to revert to the spirit of the regulation. Simply, this means determining what were the regulators looking to accomplish when they wrote the ELD mandate and the Technical Standard. Let’s examine the spirit of the ELD mandate and the Technical Standard. To do this, it is essential to delve into the historical context of paper logs and the evolution of monitoring technologies in transportation. In the old days, driver tracked their own time in a paper log book. The driver turned in the paper logs every few weeks and the trucking company that employed the driver would review those records to verify the accuracy, but for the most part it was on the driver. GPS was adopted by most trucking companies in the 90’s and GPS was used to track drivers and audit logs but, it was still weeks after the trip. The trucking company was, and still is, very rarely held liable for a driver’s behaviour. People who were injured in collisions or fatalities got sick of suing broke truck drivers and decided it was better to go after trucking companies with big insurance policies. What better evidence than a government certified system that continuously monitors the driver and alerts the driver and company in real time if the driver is in an out-of-service condition? Add in front and rear facing cameras and the lawyers are golden.
The Role of ELDs in Enhancing Safety and Accountability:
ELDs establish real-time monitoring of driver activities, ensuring compliance with rest requirements and promoting road safety. While the intentions behind these regulations are noble, the practical implementation and adherence pose significant challenges for both drivers and carriers. ELDs serve as a crucial tool in enhancing safety standards and accountability within the transportation industry. By providing real-time data on driver activity and alerting carriers to potential violations, ELDs aim to prevent instances of driver fatigue. The driver and the carrier working together, using the information from the ELD, are supposed to ensure the driver is never exceeding daily limits or are in an out of service condition. The wording from the hours of service regulation (78.3 & 78.2) is certify, verify and monitor. The collaborative effort required between drivers and carriers in using ELD data for monitoring and compliance underscores the shared responsibility in upholding road safety standards.
Conclusion:
It is paramount as the ELD technology evolves; the hours of service regulation will need continuous updates. Industry needs cohesive interpretation guides and transparent communication channels. By embracing the spirit of ELD mandate and leveraging technological advancements to enhance safety and compliance, the transportation industry can pave the way for a more efficient and secure operating environment for all parties involved. That is the spirit of the regulation, to ensure that liability is shared equally.
