Canadian Company occasionally travelling to US, is ELD needed?

You're wrong.

Straight from the FMCSA website:

Are Canada- and Mexico-domiciled drivers required to use electronic logging devices (ELDs) when they are operating in the United States?

Yes. Canada- and Mexico-domiciled drivers must comply with the Federal hours of service rules while operating in the United States. This includes using ELDs compliant with 49 CFR Part 395, unless they qualify for one of the exceptions. A driver operating in multiple jurisdictions will be able to annotate the driver’s record of duty status on the ELD with information on periods of operation outside the United States.


Who is exempt from the ELD rule?

Drivers who use the timecard exception are not required to keep records of duty status (RODS) or use ELDs. Additionally, the following drivers are not required to use ELDs; however, they are still bound by the RODS requirements in 49 CFR 395 and must prepare logs on paper, using an Automatic On-Board Recording Device (AOBRD), or with a logging software program when required:

Drivers who use paper RODS for not more than 8 days out of every 30-day period.
Drivers of vehicles manufactured before 2000.
Drivers who are required to keep RODS not more than 8 days within any 30-day period.
Drivers who conduct drive-away-tow-away operations, where the vehicle being driven is the commodity being delivered, or the vehicle being transported is a motor home or a recreation vehicle trailer with one or more sets of wheels on the surface of the roadway.
Drivers of vehicles manufactured before the model year 2000. (As reflected on the vehicle registration)




What time periods can be used to determine the 8 days in any 30-day period?

The 30-day period is not restricted to a single month, but applies to any 30-day period. For example, June 15 to July 15 is considered a 30-day period.



Notice nothing in there says "days logged out of the country don't count". If you have to keep a record of duty status in any jurisdiction for more than 8 days in any 30 day period, you're NOT exempt from the ELD mandate.

 

By that reasioning every time you cross into the US you get a new 11/14/70. After all what happened in CA has no bearing on US.

No, it's well established that while US cannot make CA law, what is done in CA counts once crossing into the US.

 

That is all well and good, but in CA, CA rules apply. CA CARRIERS ARE NOT SUBJECT TO US HOUR OF SERVICE REGULATIONS WHILE IN CANADA.

In other words, US rules only apply once they cross the border, and they are only subject to US rules there. If they have to log (under US rules), then the 8 days start. They have to have a log (in the US) going back 7 days, which they, legally, could create while sitting at the border.

Of course, convincing Barney Fife that is the case may take a trip to the judge.

 

I would just tell him I'm exempt per 8/30; 99 % of them will let it go at that point.

If he really wants, put a non-functioning ELD box on the dash and tell them it isn't working. You have eight days to get it fixed.

The truth of the matter is, the OP is exempt. And no one is interested in a guy who comes into the US once a week.

 

You are usually fairly good at posting regs, but after shown the guidance you still have your head in the sand on this one.
This is no different than the 8/11/14/70 rules, or even the 24hr in 14 day rule.

The law is not telling the CA company they most run an ELD in CA, they are saying it must be run in the US None of the exemptions count in normal cross border usage. As been pointed earlier the 8 in 30 doesn't count, as it only counts if on a timecard. Heck, they don't need to use it in CA, they just need to have it once in the US

So I guess if you think it's different than the 11/14/70 and how they count even the drive time in CA, how is it?

 

Think of the difference between HAVING A LOG with your previous 7 days, and being REQUIRED TO LOG. A Canadian driver entering the US must HAVE a log for the previous 7 days, but is not required TO log during those days. He can just fill out the log when he crosses the border.

It is the same thing as someone who has a part time job. They are not required to log (as they go) while they are at their (non-HOS) job, but once they step into a truck, they must enter those hours on the log as "on duty", going back 7 days.

Using your logic, a person with a full time job outside of the HOS regulated industry, would have to use an ELD if he drove one day a month. That's simply not the case. Once a log becomes required (at the border in this case), you fill out the log and meet all HOS requirements, but your days subject to US HOS starts the moment you cross,

 

Just to further highjack this post. Since there's a few guys posting that are up to speed on this subject. I'm curious about something. I understand you have to run e-logs in the states. However is there a rule that a Canadian carrier has to run them in Canada also as soon as ther are a cross border carrier? Meaning could the driver start his elog at the border crossing as long as he had paper logs showing his current hours or the fact he had just come off a ten break? And could the same be done coming back into Canada from the states? I don't cross the border anymore so I'm just curious.

 

But what you are not getting is a paper log IS required in Canada... As it's required and you do not meet the 8 in 30 time card exemption you MUST run the ELD in the states. No, you don't have to run in in Canada, but you do have to run it in the states

As for your example, as that non motor carrier is seen as On Duty time an argument can be made that it must be logged too. Dunno a practical way to do it, but by the letter of the law....

Again, this is NO different than the 24 hours in 14 days. Running 365 days straight in US is fine. Crossing into CA you're in violation....

 

Again, the 8-in-30 exemption does not specify jurisdiction, only stating if you are not typically required to keep a RODS, you are allowed to run 8 days out of 30 where a RODS are required before you will need the ELD.

So does Canada require the OP to record his hours of service? If so, HE IS NOT EXEMPT!!

Those in the US who claim the local exemption are still subject to the HOS, and only have to log days that extend beyond the 12th hour, go beyond the 100th air mile radius, or if you do not make it back to the starting location.

The exemption is for local drivers who are NOT required to log their duty status changes. That exemption DOES NOT APPLY the OTR drivers who are only "in country" briefly every once in a while. If you're required to keep a log book in Canada, you'd better have an ELD when you cross the border into the US because you are not exempt. If you are NOT required to keep a log book in Canada, then you could qualify for the exemption provided you remain within the 8 days in 30. That isn't 8 days in 30 operating in the US, but rather 8 days in 30 period end of sentence. Makes no difference what jurisdiction in which you're operating, if you're required by the applicable laws where you are running to keep a record of your duty status for more than 8 days in any 30 day period, you'll need an ELD in order to opererate legally inside the US.

 

US law applies. Under US law, a Canadian carrier is NOT required to log while in Canada. Canadian law has no weight in the US.

Under US law, there is NO requirrment to log in Canada, just to have a log with the previous 7 days when crossing the border.

Canada law has no relevance.