Update to CRVA Members regarding Exemption Status on Electronic Logging Devices for “Drive-Away/Tow-Away” Commercial Vehicles
Special Report from Shane Devenish, CRVA
Electronic logging devices (ELDs) are equipment that automatically records driving time in commercial motor vehicles.
As you probably know, in June 2019, Transport Canada published a regulation mandating electronic logging devices for commercial carriers in Canada including companies engaged in the “Drive-Away/Tow-Away” industry for Motor Home and Towable RV deliveries from US and Canadian Manufacturers to RV retailers located in Canada.
According to Transport Canada, these devices would replace paper-based daily logbooks and mitigate the risk of driver fatigue with the mandate to take effect in June 2021 but the decision has since been postponed twice and is now scheduled for January 1, 2023.
After hearing the concerns of industry stakeholders, the Canadian Recreational Vehicle Association, and with the support of RVDA of Canada and the RV Industry Association submitted an Exemption request in January 2022 that recommended the Canadian ELD-Mandate (SOR/2019-165) mirror the US-DoT’s RV-industry-specific ELD exemption granted within Section 31137 (b) of Title 49, United States Code which reads:
(3) “Exception. – A motor carrier, when transporting a motor home or recreation vehicle trailer within the definition of the term “drive-away/tow-away operation” (as defined in section 390.5 of Title 49, Code of Federal Regulations), may comply with the hours-of-service requirements by requiring each drive to use,
(A) a paper record of duty status form; or
(B) an electronic logging device”
The exemption submitted by the CRVA/RVDA/RVIA argued that approving the request was in the Public Interest of Canadian RV Retailers and their consumers who would most assuredly experience severely delayed RV shipments into Canada with a diminished number of carriers should the exemption not be approved, and including supporting historical facts and information received from a number of transportation companies that an exemption of the ELD mandate for the “Drive-Away/Tow-Away” industry would not impact public safety.
On August 19th, CRVA and the RVDA of Canada met with the Executive Director and other representatives with Transport Canada to discuss our Exemption Request. During the meeting, we were encouraged when Transport Canada produced a draft a document titled “Driveaway and towaway industry – exemption from having to use an electronic logging device to monitor compliance with the Commercial Vehicle Drivers Hours of Service Regulations” but we were cautioned that TC still needed the support of all or most of the Canadian Provincial Authorities to move forward with its approval.
With some concern to us, we were told during our meeting that there were four Provinces who have expressed initial push back to the exemption request for varying reasons (the others seemed to support the exemption) with the four implying that public safety would be impacted if granted. Given this feedback, Transport Canada asked us for information that further supported our exemption request that they could present to the provinces.
On August 31st, our Team sent a secondary document to the attention of the Executive Director at Transport Canada, and separately, a copy to each Minister of Transportation and his/her staff in the disfavoring four Provinces asking for the Ministry’s support of our exemption request.
We are expecting to hear back from Transport Canada and the Provincial Authorities in next 30 days or so and will immediately provide an update upon receiving any update/decision. We know and understand well that this is a critical issue for our industry, and we will keep pushing forward.
In the meantime, please contact our office if you have any further questions.
Canadian RV Association
Office: (905) 315-3156
