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.
