Progress Made On Efforts To Exempt Transport Drivers From Onerous Canadian Regulation

The Canadian Recreational Vehicle Association, RV Industry Association, and RV Dealers Association of Canada are working together to exempt the RV industry from Transport Canada’s 2019 regulation mandating electronic logging devices for commercial carriers in Canada. This regulation includes companies engaged in the “Drive-Away/Tow-Away” industry for motorhome and towable RV deliveries from US and Canadian manufacturers to RV retailers located in Canada.

Electronic logging devices are equipment that automatically records driving time in commercial motor vehicles.

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, with the support of the RVDA of Canada and the RV Industry Association, submitted an exemption request in January 2022. They argue 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.

Their argument included supporting historical facts and information received from a number of transportation companies who state that an exemption of the electronic logging devices mandate for the “Drive-Away/Tow-Away” industry would not impact public safety.

Specifically, the Canadian Recreational Vehicle Association, RVDA of Canada, and the RV Industry Association recommended the Canadian electronic logging devices mandate (SOR/2019-165) mirror the United States Department of Transportation RV-industry-specific electronic logging device 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”

On August 19, the Canadian Recreational Vehicle Association and the RVDA of Canada met with the Executive Director and other representatives with Transport Canada to discuss the exemption request. During the meeting, their efforts were partially successful, as Transport Canada produced a draft 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.” However, they were cautioned that Transport Canada still needs the support of all or most of the Canadian Provincial Authorities to move forward with its approval.

The Canadian Recreational Vehicle Association and the RVDA of Canada were also told during the meeting that there were four provinces who have expressed initial pushback 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 the Canadian Recreational Vehicle Association and RVDA of Canada for information that further supported the exemption request that they could present to the provinces.

On August 31st, the 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 the exemption request.

Transport Canada and the Provincial Authorities are expected to respond in the next 30 days, at which time an update will be provided on any decision. This is a critical issue for the RV industry, and the RVDA of Canada, the Canadian Recreational Vehicle Association, and the RV Industry Association will keep pushing forward.

Please contact the Canadian Recreational Vehicle Association office at (905) 315-3156 with any questions.