New federal fines for Hours of Service, ELDs, range from $300 to $2,000

Truck drivers and carriers face 60 new federal fines for Hours-of-Service violations – including those specific to mandated electronic logging devices (ELDs).

Coming in three tiers, the fines range from $300 to $1,000 for drivers, and $600 to $2,000 for motor carriers.

The lowest tier includes administrative and minor recordkeeping contraventions. A second tier includes on-duty/drive limitations; off-duty requirements; more serious recordkeeping contraventions that increase risk; and contraventions that make it difficult to enforce carrier compliance.

Topping the scales are fines for tampering, falsifying or obstructing records, and the most serious on-duty/driving limitations and rest requirements.

Now included in Contraventions Regulations, the infractions can be addressed through tickets and voluntary payments of prescribed fines, rather than court appearances.

Higher than initially proposed

Transport Canada initially proposed fines of up to $300, $500 and $1,000 over the three tiers, but jurisdictions wanted higher fines in each tier, and stiffer fines for motor carriers than drivers, the regulations note.

“Driver fatigue is recognized in Canada and internationally as a critical risk factor associated with motor vehicle crashes. Fatigue in commercial drivers is especially important given that crashes involving large trucks and buses can cause more severe injuries and more frequent fatalities than private passenger vehicle crashes,” says a regulatory impact analysis published on July 5 in Canada Gazette Part II.

“Commercial motor vehicle drivers are particularly at risk because of the monotonous nature of their work, extended workdays, irregular schedules, and poor sleep hygiene.”

Examples of ELD fines

Some of the steepest ELD-related fines include:

• Failing to ensure a commercial vehicle is equipped with a required ELD — $1,000
• Using more than one ELD at the same time — $1,000
• Requesting, requiring or allowing drivers to use more than one ELD at the same time — $2,000
• Failing to ensure an ELD is calibrated, maintained and working — $1,000
• Failing to repair or replace an ELD within a required time period — $1,000
• Failing to create and maintain a system of accounts for ELDs — $1,000
• Tampering with an ELD — $1,000
• Requesting, requiring or allowing someone to tamper with an ELD — $2,000

A full list of the fines is available here.