Drivers of commercial motor vehicles are subject to roadside inspections and NSC Standard 15 audit inspections. If a driver or vehicle is placed out of service, the driver and/or carrier would be subject to a written warning, tickets and/or points on the Carrier Profile. If the non-compliance is serious the driver and/or vehicle would be placed Out Of Service (OOS) until corrected. These are considered HOS violations. Not all provinces and territories follow the Federal Contraventions Regulations (Schedule XVIII): SOR/2023-137, which means that penalties for violations can vary depending on where the violation occurs. The penalties outlined in the contravention regulations are different for the driver and carrier involved in the violation. Specifically, carrier penalties are set at double the amount of driver penalties in order to ensure that responsibility is appropriately distributed between the driver and carrier.
77 (1) A motor carrier shall ensure that each commercial vehicle that it operates is equipped with an ELD that meets the requirements of the Technical Standard and shall ensure that it is mounted in a fixed position during the operation of the commercial vehicle and is visible to the driver when the driver is in the normal driving position. Contraventions Regulations (Schedule XVIII): SOR/2023-137 suggested penalty is $1000.00.
How to avoid: Install a $20.00 magnetic cell phone holder if the ELD is on the driver’s phone and not a wired connection.
77 (7) The motor carrier shall ensure that each commercial vehicle that it operates carries an ELD information packet. Contraventions Regulations (Schedule XVIII): SOR/2023-137 suggested penalty is $600.00.
How to avoid: Ensure each CMV contains an information packet that contains; (a) a user’s manual; (b) an instruction sheet for the driver describing the data transfer mechanisms supported by the ELD and the steps required to generate and transfer the data with respect to the driver’s hours of service to an inspector; (c) an instruction sheet for the driver describing the measures to take in the event that the ELD malfunctions; and (d) a sufficient number of records of duty status to allow the driver to record the information required under section 82 for at least 15 days.
77 (8) The motor carrier shall ensure that the driver records the information related to their record of duty status and the driver is required to record that information in a complete and accurate manner.
78.1 A motor carrier shall create and maintain a system of accounts for ELDs that is in compliance with the Technical Standard and that (a) allows each driver to record their record of duty status in a distinct and personal account; and (b) provides for a distinct account for the driving time of an unidentified driver.
Technical Standard 4.1.5 Non-Authenticated Driving of a CMV
87 (1) A motor carrier shall monitor the compliance of each driver with these Regulations.
Contraventions Regulations (Schedule XVIII): SOR/2023-137 suggested penalty 77(8) is $500.00 for the driver $1000.00 for the carrier. 78.1 suggested penalty is $1000.00 for the carrier. 87(1) suggested penalty is $2000.00 for the carrier.
How to avoid: Carrier to assign all unidentified time.
Technical Standard 4.6.1 Compliance Self-Monitoring, Malfunctions and Data Diagnostic Events Table 4
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.
Contraventions Regulations (Schedule XVIII): SOR/2023-137 suggested penalty 86 (3) is $2000.00 for the carrier.
Data diagnostic events: Table 4 Technical Standard
(Code 1) Power Data Diagnostic Event: Problem ELD is not fully powered/functional within one minute of the vehicle’s engine receiving power. How to avoid: Plug the ELD in.
(Code 2) Engine Synchronization Data Diagnostic Event: Problem the ELD loses ECM connectivity to any of the required data sources and can no longer acquire updated values for the required ELD parameters within five seconds of the need. Connectivity must be maintained while the vehicle is powered on. How to avoid/ fix the connectivity where the ELD loses ECM connectivity to the required data sources, you can try the following steps:
(Code 3) Missing Required Data Elements Data Diagnostic Event: Problem there are missing data elements (like GPS location) in the ELD event record. How to avoid: Instruct drivers to input missing information when ELD prompted.
(Code 4) Data Transfer Data Diagnostic Event: Problem the internal monitoring of the data transfer test fails and is unable to send the output file data. How to correct: consult with technical support
(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. Unidentified Driving Records Data Diagnostic Events will clear when the cumulative time for unidentified driving is less than 15 minutes. How to correct: Assign all unidentified driving time.
Technical Standard 4.6.1 Compliance Self-Monitoring, Malfunctions and Data Diagnostic Events Table 4
(Code P) Power Compliance Malfunction
(Code E) Engine Synchronization Malfunction
(Code L) Positioning Compliance Malfunction
(Code T) Timing Compliance Malfunction – Drivers using a smartphone as a device must disable the Automatic Time Zone Detection or Automatic Time Zone Adjustment.
(Code R) Data Recording Compliance Malfunction
(Code S) Data Transfer Compliance Malfunction
How to avoid: Malfunctions occur when Data Diagnostic Events are not corrected, fix the data, avoid the Malfunction. When a Malfunction is detected, the driver is to stop, switch to paper logs and follow the Malfunction criteria 78 (2)(3)(4).
That’s my top 5 and the easiest to avoid and correct. In my experience 75% of issues are driver training and safety officers not understanding how ELDs work. It’s not the device, the ELD records data, the ELD does not interpret what that data means. With ELDs providing a digital record of a driver’s activity it is important for carriers to recognize the level of liability that entails if your driver is involved in a serious incident.
