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Bill 223, Highway Traffic Amendment Act (Electronic Logging Devices), 2020

Thanigasalam, Vijay

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Acts affected

Original

Bill 223 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Highway Traffic Ac t to require that

operators ensure that each commercial motor vehicle that is under their control

is equipped with an electronic logging device. The Bill also requires that the

information recorded by the device is in accordance with the “Technical

Standard for Electronic Logging Devices” which is published by the Canadian

Council of Motor Transport Administrators.

Bill 223 2020

Act to amend the Highway Traffic Act

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

(1) Subsection 190 (1) of the Highway Traffic

Act is repealed and the following substituted:

Commercial

motor vehicles, driving rules

(1) In

this

section and in sections 191 and 191.0.1,

“electronic

logging device” or “ELD” means a device or technology that automatically

records a driver’s driving time and facilitates the recording of the driver’s

record of duty status, and that is certified by a prescribed certification body;

(“dispositif de consignation électronique” ou “DCE”)

“operator”

has the same meaning as in subsection 16 (1); (“utilisateur”)

“Technical

Standard” means the document entitled “Technical Standard for Electronic

Logging Devices” published by the Canadian Council of Motor Transport

Administrators and dated April 11, 2019, as amended from time to time. (“norme

technique”)

(2) Section

190 of the Act is amended by adding the following subsection:

Electronic

logging devices

(2.1) An

operator shall ensure that each commercial motor vehicle that is under the

operator’s control is equipped with an ELD that meets the requirements of the

Technical Standard.

(3) Section

190 of the Act is amended by adding the following subsections:

Information

in electronic log

(3.1) The

log required by subsection (3) shall be recorded by an ELD and shall include,

in accordance with the Technical Standard and the regulations, all the

information associated with the driver’s record of duty status as their duty

status changes.

Same

(3.2) A

driver shall manually input or verify the following information in the ELD:

1. The

date and the start time, if different from midnight, and their driver

identification number.

2. The

cycle that the driver is following.

3. The

number plates for the commercial motor vehicle as well as the unit number or

trailer number, if applicable.

4. The

names and the addresses of the home terminal and the principal place of

business of the operator by which the driver is employed or otherwise engaged

during that day.

5. The

commercial motor vehicle’s location description, if it is not automatically

drawn from the ELD’s geo-location database.

6. If

the driver was not required to keep a record of duty status immediately before

the beginning of the day, the number of hours of off-duty time and on-duty time

that were accumulated by the driver each day during the 14 days immediately

before the beginning of the day.

7. Any

deferral of off-duty time.

8. If

the driver was working for more than one operator during the current day or the

previous 14 days,

i. for

each day during the 14 days immediately before the current day, the total

number of hours for each duty status that were accumulated by the driver,

ii. the

start and end times of each duty status in the current day, before the use of

the ELD.

9. Any

annotation necessary to complete the record of duty status.

(4) Subsection

190 (7) of the Act is amended by adding the following clause:

(

f) prescribing

certification bodies for the purposes of the definition of “electronic logging

device” or “ELD” in subsection (1).

Commencement

This Act comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Short

title

The

short title of this Act is the Highway Traffic

Amendment Act (Electronic Logging Devices), 2020 .

Date Bill stage Event Outcome Committee

October 27, 2020

Second Reading

Ordered referred to Standing Committee

Standing Committee on the Legislative Assembly

October 27, 2020

Second Reading

Vote

Carried

October 27, 2020

Second Reading

Debated

October 26, 2020

First Reading

Vote

Carried

Debates and Progress

First Reading

October 26, 2020

Committee

Second Reading

October 27, 2020

Mr. Vijay Thanigasalam, Mr. Guy Bourgouin, Mrs. Gila Martow, Ms. Andrea Khanjin, Mr. Robert Bailey, Mr. Roman Baber, Mr. Stan Cho

Declared carried. Referred to the Standing Committee on the Legislative Assembly.

Committee

Standing Committee on the Legislative Assembly

Third Reading

Royal Assent

Acts affected - Bill 223

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Highway Traffic Act

Legislative Assembly of Ontario

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