Tampering 86(3) and Table 4

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:

1. The ELD alerts the driver via a flashing light or a beeping device
2. The company is alerted on the carrier dashboard
3. The ELD prompts the driver to acknowledge and confirm that no link to the engine ECM may have an impact on data recording and compliance to current HOS regulations

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