More than a month into the enforcement of the federal electronic logging device (ELD) mandate, TruckNews.com reached out to provinces and Transport Canada regarding penalties for non-compliance.
Canada’s federally regulated carriers face a mandate from Jan. 1 to equip trucks with certified ELDs, and individual provinces are taking different approaches when it comes to penalties.
Here are their responses:
No penalties such as fines or points being imposed. The province is waiting for Transport Canada to complete its work to define offences, fines or points related to ELD offences.
There is currently no provincial requirement for a B.C.-plated vehicle that only operates in the province to use an ELD. Information regarding potential ELD-related changes to Motor Vehicle Act Regulations Division 37 will be communicated later this year.
In the meantime, the province will follow up on non-compliance through audits and investigations into carriers, as necessary.
Fines for federal Hours of Service violations are decided by judges at court, not law enforcement officers because this is a federal contravention, not a provincial one. Alberta Transportation and Economic Corridors provides information to the court based on similar national penalties.
Judges, at their discretion, can impose fines for a first offence for not having a certified ELD typically at $300 for a driver, and/or $500 for a carrier.
Carriers that operate only within Alberta are not required to install and use ELDs at this time.
Officers can issue a citation to a driver or carrier operating a commercial vehicle without a certified ELD. Currently there is no set fine amount, and a judge will decide the fine or penalty to be paid.
Fine amounts are set at maximums of $5,000 for an individual and $25,000 for a carrier in accordance with the Motor Vehicle Transport Act (Canada).
ELDs are not required for provincial carriers who are regulated by the provincial Commercial Vehicles Hours of Service Regulations.
The federal Contraventions Act is being amended to specify a fine amount for the lack of a certified ELD installed in a commercial vehicle. Currently enforcement officers are able to issue a charge for federal carriers not in compliance with ELD requirements. Discretion is being used for carriers subject to vendor supply issues if contracted before Jan. 1, 2023.
Drivers and carriers are expected to have equipped their vehicles with certified ELDs if they are required to do so by regulation. The fine for not using an ELD when required to do so is $298.
Provincial carriers who do not travel outside of a 160 km radius from their home terminal are not required to have an ELD. Provincial carriers who at any time within the year travel outside of a 160 km radius of their home terminal are required to have an ELD. Should an ELD be required as per the regulations, and not present, Manitoba law enforcement may issue tickets to drivers or the carrier.
Commercial drivers and carriers are subject to penalties for not meeting provincial ELD requirements, including fine amounts for ELD-related offences range from $250-$400; and penalties for Hours of Service-related offences (including ELD offences) range from $250-$20,000.
Points imposed upon conviction of ELD-related offences can affect the safety rating of carriers. If a carrier is registered outside of Ontario, details of convictions are being shared with home jurisdiction regulators.
Rules will be enforced beginning April 30.
If an approved and working ELD is not present in the cab of any carrier’s truck, a peace officer is able to issue a fine of $140, plus applicable surcharges and fees.
If the matter goes before the court, a judge could impose a fine anywhere in the range of a category C offence, which is not less than $140 and not more than $1,100, plus applicable surcharges and fees.
The driver will also lose three points, while the carrier will lose five.
Newfoundland and Labrador
The Government of Newfoundland and Labrador enforces Transport Canada’s Commercial Vehicle Drivers Hours of Service Regulations.
Prince Edward Island
If a motor carrier fails to equip commercial vehicle with compliant ELD the penalty for out-of-court settlement is $200.
Currently, there are no fines/points for ELD violations. Provincially regulated carriers do not require an ELD while operating solely in the province at this time.
Soft enforcement and education will be in place until June 30, 2023. Provincially regulated carriers operating solely in the province will not be subject to an ELD mandate until Jan. 1, 2024.
The province is using an education and awareness approach to enforcement.
To help enforce the ELD mandate under the Commercial Vehicle Drivers Hours of Service Regulations, and provide enforcement officers with more flexibility, including the ability to issue monetary penalties (ie. tickets) to violators that contravene the federal rules, Transport Canada proposes to amend the Department of Justice Contraventions Regulations to designate certain provisions of the Hours of Service Regulations as contraventions.
This will also entail adding the Motor Vehicle Transport Act as a new Schedule to the Contraventions Regulations. Consultations closed in December 2022, and we are currently reviewing feedback.
Once the feedback is reviewed and taken into consideration, the next step will involve publication of the proposed changes to the Contravention Regulations in Canada Gazette Part 1 as per the regulatory process. Notably, some provinces and territories have implemented ELD requirements at the provincial/territorial level, and these regimes may include monetary penalties for non-compliance.