Compliance rules are always changing, and the U.S. ELD mandate has been shrouded in confusion since it went into effect December 2017. Now that Canada has its own ELD mandate with an enforcement date that seems to keep moving, how are North American fleets and their drivers supposed to keep up? What’s the difference between the FMCSA and Transport Canada, and how does that impact compliance?
To get the answers to these questions and more, compliance experts Kerri Wirachowsky, director, CVSA roadside inspection program, and Florence Dougherty, director of product management at Omnitracs sat down for this recent webinar. Kerri and Flo went into detail on some of your most burning questions, a few of which we’ve included below.
Does a failure to transfer a RODS citation result in a CSA score impact?
No. The confusion here comes from when the FMCSA did indicate earlier this year they were going to start adding CSA points to the 394-25D citation for failure to transfer. However, they rescinded that decision only three to four weeks later without indicating an end date.
Furthermore, anyone cited during that timeframe should not see points assessed for that specific violation.
While it is likely that the FMCSA will implement such a program in the future, there currently is no CSA score impact for such a violation.
Is the Canadian ELD mandate going to be enforced anytime soon?
Yes. The mandate itself went into effect June 12, 2021—but enforcement was delayed to Jan. 1, 2023. It will most likely not be delayed again. However, in Canada, enforcement is not quite as simple as it is in the U.S., where the FMCSA can dictate enforcement across the entire country at once.
For Canada, Jan. 1, 2023, is the official enforcement data as far as Transport Canada and CCMTA are concerned, but every province also must independently adopt and adhere to that date. Regardless, your safest bet is to assume that Jan. 1, 2023, is the enforcement start date across the board.
Now, if you don’t have a certified Canadian ELD by the enforcement date you will not be placed out of service. Transport Canada doesn’t have that authority. You will, however, be subject to fines if your ELD is not Canadian-certified.
Wasn’t the ELD supposed to solve falsification of RODS?
While falsification of logs is a top violation in the United States right now, that doesn’t necessarily indicate that specific violation is on the rise. It’s much easier for inspectors to find falsifications at roadside with an ELD than with paper logs because there’s not a lot the driver can hide. So, while the number of falsification violations seems to be increasing, it’s actually the same – but with more drivers getting caught.
Can I use an electronic logbook instead of paper logs if my ELD is malfunctioning?
Yes, but only if it meets certain requirements. All the documents indicated in sections 390 to 399 can be electronic in nature except for the shipping paper for hazardous materials. The CVSA actually has an inspection bulletin on its website that provides further guidance on which documents are eligible.
The stipulation is that if the logbook is electronic in nature but not an ELD or an AOBRD, then the driver must be able to either sign that document electronically or print that document and then sign it. Currently, if you are unable to sign your logs physically or electronically you are considered out of service for no log. The FMCSA hopes to change that from an out-of-service condition to a regular citation by April 2023.
If you want to hear Kerri and Flo answer even more important questions and see how Solera Fleet Solutions can help your fleet be effortlessly compliant, sign up to view this webinar on-demand.