Page 21 - Jan-Feb 2024 Reporter
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he Ministry of Transport in Ontario is the
        Tgoverning body for all Commercial Vehicle
        Operators  in  Ontario.  Every  commercial
        truck  licenced  in  Ontario  with  an  actual
        or  registered  gross  weight  over  4,500  kg
        must  have  a  CVOR  certificate  (commercial
        vehicle  operator’s  registration).    According
        to  the  MTO,  a  CVOR  operator  (also  referred
        to as a “carrier”) is the person or corporation
        responsible  for  the  operation  of  the
        commercial  motor  vehicle,  driver  and  goods

        or passengers being transported including the
        conduct of the driver and employing qualified
        licensed  drivers.  Most  lumber  and  building
        material  deliveries  are  done  with  vehicles
        which  would  fall  under  the  CVOR  need
        mandate.
           Transport  Canada,  in  conjunction  with  all
        the  provincial  and  territorial  governments,
        put  together  rules  starting  in  2017  which   faster for drivers to maintain and review the   the ELDs:
        would give direction and govern the trucking   hours of service. It helps ensure that drivers   1. Ensure  that  they  drive  only  commercial
        industry in Canada and bring implementation   are  compliant  with  their  hours  of  service,   vehicle  equipped  with  a  certified  ELD
        of Electronic Logging Device (ELD). This was   improving  road  safety  by  reducing  driver   (when required).
        done to bring Canada and the United States   fatigue. It has been implemented to get rid of   2. Each driver must log in to the ELD using a
        into  compliance  for  rules  of  driving  hours   the  paper-based  logbooks  which  were  more   unique user id to enter their Record of Duty
        and hours of service. Starting in 2017 it was   difficult to keep records with and were easier   Status (RODS).
        established that the industry would have five   to manipulate. This makes sense for long-haul   3. Make  sure  the  information  manually
        years to get ready for each truck having a ELD   and  over  the  road  truckers  who  spend  their   entered into the ELD device is accurate.
        device installed.                    working time accumulating miles.     4. Drivers must produce a RODS for inspection
           In  Ontario,  beginning  January  1,  2023,  it   The  mandate  from  Transport  Canada   to  an  officer  when  asked,  both  on  the
        was a requirement that all commercial vehicle   requires drivers to carry in addition to the ELD:  device and through electronic transfer.
        operators  would  have  ELD  logging  in  each   •  A user’s manual for the ELD
        vehicle  which  fell  under  a  CVOR  certificate.   •  An  instruction  sheet  describing  the  ELD’s   Note:  If  the  device  malfunctions  the  driver
        There  are  some  exemptions,  many  of  which   data  transfer  mechanisms  and  how  to   must  notify  the  operator  as  soon  as  the
        apply to LBMAO dealers and their fleets.
                                               supply HOS records to an official  vehicle  is  parked.  They  must  then  use  an
                                             •  An   instruction   sheet   describing   alternative method to maintain and document
        Exemptions to the ELD Requirements in   requirements  and  procedures  for  ELD   the  RODS  until  the  device  is  repaired  or
        Ontario:                               malfunctions.                      replaced.  Drivers  must  also  record  any
        1. Driving within 160 km of where you began   •  Blank  backup  Record  of  Duty  Status   malfunction codes on their alternate RODS.
          your day and return at the end of the day to   graph-grids for recording the driver’s duty
          the same location where you began.   status  and  other  related  information  for  a   Penalties Associated:
        2. Driving a rented commercial motor vehicle,   minimum of 15 days.         The penalties for hours-of-service related
          if  the  rental  agreement  is  30  days  or  less                      offences  range  from  fines  $250  -  $20,000
          and has not been extended or renewed.  There  are  some  key  responsibilities  that   in Ontario. There is a jail sentence of up to 6
        3. Driving a commercial motor vehicle with a   the truck owners must uphold when it comes   months as well.
          model year before 2000. Anything built in   to the ELD:                   The  fines  for  ELD  related  offences  are
          1999 or before is exempt.          1. Purchasing,  installing,  and  maintaining  an   $250 - $400. If you are convicted of an ELD
        4. Otherwise  exempt  from  hours-of-service   ELD (where required).      offence,  you  will  receive  demerit  points  on
          requirements  in  the  Ontario  Regulations   2. Ensuring  ELDs  are  mounted  in  a  fixed   your  Carrier  Safety  Profile.  A  carrier  safety
          (such as tow truck, emergency vehicle, etc.).  position during the operation of the vehicle   rating  can  affect  licence  sticker  renewal  and
        5. Driving a school bus.               and is visible to the driver.      can carry over to your carrier insurance.
        6. Employees  or  operators  of  a  commercial   3. Ensuring  the  ELDs  are  certified  and
          motor  vehicle  dealership  who  are  driving   compatible with the engine of the vehicle.  What is happening in Ontario?
          the  vehicle  for  the  purpose  of  a  sale  or   4. Creating and maintaining a record of unique   Many  dealers  in  Ontario  take  advantage
          lease. The vehicle cannot have a load on the   and personal accounts for each driver who   of the 160 km or less delivery range to avoid
          vehicle.
                                               will be using the system.          the ELD requirements. There may be unusual
                                             5. Monitoring  driver’s  hours  of  service  and   circumstances  that  require  them  to  need  to
           First, I need to explain what the ELD is.  ELD   ensuring  that  Record  of  Duty  Status  are   travel  outside  of  the  160  km  range.  What
        stands  for  Electronic  Logging  Device  which   completed properly.     happens then? I had a buying group indicate
        is  a  tamper  resistant  device  or  technology   6. Maintain the records in the event of a ELD   to  me  that  they  had  a  dealer  who  normally
        which  automatically  records  driving  time   malfunction.               only delivers within 160 km of their location,
        and  other  information  by  synchronizing                                but they are in a very rural location and the
        with  the  vehicle’s  engine.  The  benefit  of   Each   driver   also   has   some   key   repair  facility  for  their  trucks  is  outside  of
        having  ELD  logging  is  to  make  it  easier  and
                                             responsibilities with the use and operation of
        www.lbmao.on.ca                                                      LBMAO Reporter - January-February 2024 21
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