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(1) A motor carrier shall ensure that any ELD that is installed or used in a commercial vehicle that it operates is in good working order and is calibrated and maintained in accordance with the manufacturer's or seller's specifications.
(2) If a driver of a commercial vehicle becomes aware of the fact that the ELD is displaying a malfunction or data diagnostic code set out in Table 4 of Schedule 2 of the Technical Standard, the driver shall notify the motor carrier that is operating the commercial vehicle as soon as the vehicle is parked.
(3) The driver shall record, in the record of duty status on the day on which he or she noticed the malfunction or data diagnostic code, the following information:
(a) the malfunction or data diagnostic code as set out in Table 4 of Schedule 2 of the Technical Standard;
(b) the date and time when the malfunction or data diagnostic code was noticed; and
(c) the time when notification of the malfunction or data diagnostic code was transmitted to the motor carrier.
(4) The driver shall record the code referred to in paragraph (3)(a) in each record of duty status following the day on which the code was noticed, until the ELD is repaired or replaced.
(5) A motor carrier shall, within 14 days after the day on which it was notified of an ELD malfunction or data diagnostic code by the driver or otherwise became aware of it, or at the latest, upon return of the driver to the home terminal from a planned trip if that return exceeds the 14-day period, repair or replace the ELD.
(6) The motor carrier shall maintain a register of ELD malfunction or data diagnostic codes for ELDs installed or used in commercial vehicles that it operates for which a malfunction was noticed, and that register shall contain the following information:
(a) the name of the driver who noticed the malfunction or data diagnostic code;
(b) the name of each driver that used the commercial vehicle following the discovery of the malfunction or data diagnostic code until the ELD was repaired or replaced;
(c) the make, model and serial number of the ELD;
(d) the licence plate of the commercial vehicle in which the ELD is installed or used, or the Vehicle Identification Number;
(e) the date when the malfunction or data diagnostic code was noticed and the location of the commercial vehicle on that date, as well as the date when the motor carrier was notified or otherwise became aware of the code;
(f) the date the ELD was replaced or repaired; and
(g) a concise description of the actions taken by the motor carrier to repair or replace the ELD.
(7) The motor carrier shall retain the information set out in subsection (6) for each ELD for which a malfunction was noticed for a period of 6 months from the day on which the ELD is replaced or repaired.
SOR/2019-165, s. 24