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January 1, 2023 start date means penalties for failure to meet ELD requirements

Above comments from two Truckers discussing ELDs online. Photo: “Cabin Fever” by Mike Murchison

As of January 1, 2023, Truckers may face penalties between $250 to $20,000 if they do not meet provincial Electronic Logging Device (ELD) requirements when operating in Ontario, the province notes on its website. This applies to vehicles with licence plates from Ontario or any other jurisdiction.

In most cases, drivers who were not required to complete a daily log prior to June 12, 2022 are not required to use an ELD. In 2019, Transport Canada announced that commercial motor vehicle drivers who cross provincial/territorial borders must use certified ELDs to record their hours of service. To give the industry, provinces and territories time to get ready, industry was advised that the federal regulations would not be enforced until January 1, 2023.

Who is required to use ELDs

If you were previously required to complete a daily log to record your hours of service prior to June 12, 2022, you must now use a certified ELD when operating a:

  • truck within Ontario only
  • truck or bus crossing provincial/territorial borders
  • truck or bus with licence plates from outside Ontario

Starting July 1, 2023, bus drivers operating within Ontario only who are currently required to complete a daily log to record hours of service must use a certified ELD.

Exemptions

You are exempt from using an ELD in Ontario if you are:

  • driving within a 160 km radius of where you began your day and return to the same location where you began (there is no limit to the total number of kilometres travelled within that radius for that day)
  • driving a school bus
  • driving a rented commercial motor vehicle, if the rental agreement is 30 days or less and has not been extended or renewed
  • driving a commercial motor vehicle with a model year before 2000
  • an employee or operator of a commercial motor vehicle dealership or manufacturer and you are driving the vehicle for the purpose of sale or lease. The vehicle must not be carrying a load or towing another vehicle, unless the vehicle being towed is empty and has at least one set of wheels on the surface of the roadway.
  • exempt from Hours of Service requirements defined in Ontario Regulation 555/06.

If you are driving outside of Ontario, be sure to check the ELD requirements of each province and territory you plan to travel to.

Penalties

As of January 1, 2023, you will face penalties if you do not meet Ontario’s ELD requirements, including:

  • fines between $250-$20,000
  • points on your carrier safety record that can affect your rating upon conviction. If you are registered outside of Ontario, details of your convictions will be shared with your home jurisdiction.

Certified ELDs

Transport Canada is responsible for approving ELDs.