With all the talk of ELDs on this side of the border, we sometimes forget that the trucking industry is a North American operation, not just an American one. Our brothers and sisters in Canada are as much a part of the equation as we are.
And yet, despite getting ahead of the game where the Electronic Logging Device (ELD) standard is concerned, regulators north of the border are now struggling to catch up with the United States and have something in place by December of 2017.
Even though Canada has been considering the ELD devices since as far back as 2007, work didn’t begin in on a new standard until 2010. With a first draft completed in 2013, the Canadian rule was intended to follow the first ELD rule published by the FMCSA, but it was vacated by a Canadian court on the grounds that there was some ambiguity in the driver coercion clause.
Now, after deciding to wait, they are catching up to the U.S, who is now putting out the final rule. According to the Canadian Council of Motor Transport Administrators’ Compliance and Regulatory Affairs Committee, they believed their initial decision was “justified.”
And even though the final rule was published at the tail end of 2015, Canada was a little burned because the U.S. didn’t involve them in the consultation process. According to a Canadian official, they were flummoxed as to why the U.S. didn’t include them, but reports that the FMCSA is now doing everything they can to resolve some of the differences between both policies.
By the time the final rule was laid out, Canadian officials met to determine what the differences were between the U.S. rule and the Canadian rule from 2013. They also set out to make whatever changes were required to align the two documents. This job was made all the more difficult by there being a significant number of differences between the policies.
Waiting for a Resolution
The final cut of the standard has now been completed and was revealed back in July. Industry partners and others involved in the process were allowed to comment and a final draft will be delivered to government ministers no later than April of 2017.
Although some say the timetable will be very tight, September of 2017 has been mentioned as the absolute final deadline before the Canadian rule must be delivered to the ministers. The extension is born mainly out of the fact that there are quite significant regulatory issues that must be worked through. Such examples include:
- How to certify the devices.
- Should current devices remain in service?
- How should future ELD devices be certified?
Currently, Canada’s HOS rule call for ELDs, but only in a limited scope. Rule makers in Canada will likely need to put a grandfathering provision in place – much like the one we use here in the United States.
At the same time, the FMCSA is requiring that vendors self-certify. Still, they haven’t laid out specific policies or provided tools or test cases for companies to emulate. Individual jurisdictions in both countries are hesitant to set their own certification process, lest they run afoul of the final federal rule.
Yet because of the way the government is set up in Canada, the central government cannot force individual provinces to utilize a mandate applied to carriers operating within a province. The federal government can require ELDs for between provinces, but the provinces themselves must finalize the rules through specific legislation.
So what does this mean for the provinces themselves? While some have come out in full support of mandatory ELDs, others still haven’t bought into the idea and have clearly stated so. There are a number of positions being held, including the federal government’s. It looks like only time will tell how the ELD mandate debate will play out north of the border.