28.5. If a driver becomes aware of the fact that the electronic logging device is displaying a malfunction code appearing in Table 4 in Schedule 2 to the Technical Standard, the driver shall notify the operator as soon as the vehicle is parked.
The operator shall, within 14 days after the day on which it was notified of an electronic logging device malfunction 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 electronic logging device.
The operator shall maintain a register of electronic logging device malfunction codes noticed on the electronic logging devices installed or used in the heavy vehicles it operates. The register shall contain the following information:(1) the name of the driver who noticed the malfunction code;
(2) the name of each driver that used the vehicle between the time the malfunction code was noticed and the time the electronic logging device was repaired or replaced;
(3) the make, model and serial number of the electronic logging device;
(4) the registration plate number or vehicle identification number of the vehicle in which the electronic logging device was installed or used;
(5) the date when the malfunction code was noticed and the location of the vehicle on that date, as well as the date when the operator was notified or otherwise became aware of the code;
(6) the date the electronic logging device was replaced or repaired; and
(7) a concise description of the actions taken by the operator to repair or replace the electronic logging device.
For each electronic logging device for which a malfunction code was noticed, the operator shall retain the information referred to in the third paragraph for a period of 6 months from the day on which the electronic logging device is replaced or repaired.
77-2023O.C. 77-2023, s. 111.