Are there ANY ELD's that have a "HOS EXEMPT" duty status option?

www.truckinginfo.com/channel/drivers/article/story/2013/04/welcome-to-canada.aspx

Canadian hours-of-service rules are more liberal than American rules. Canada permits 13 hours of driving within a 14-hour workday, and requires 10 hours off duty. Canada allows a reset, but it must be 36 hours, rather than 34. Generally speaking if you comply with U.S. HOS rules, you're compliant in Canada. And that goes for most Canadian rules, including cargo securement and the medical requirements, but there are always exceptions. Call ahead if you are unsure.

 

Except that he WILL HAVE TO show what time he started, hours on-duty, driving, start mileage, etc., according to Canadian rules. The U.S. exemption DOES NOT APPLY in Canada, it is only applicable until he crosses the border; just like in your second post where it is legal to drive 13 hours in Canada, the moment a driver crosses the border into the U.S. and they have driven more than 11 hours they must stop and rest. Therefore a U.S. driver in Canada MUST BE COMPLIANT with Canadian HOS and since the U.S. exemption does not exist in Canada it does not apply.

 

However, no exceptions or foreign HOS regulations that allow a driver to exceed the HOS of the country they are in, cross the border with the driver.

 

Then the simple thing to do is the days going to Canada, run with no exemption and run straight logs.

 

Not just for those days, but all days worked. From the FMCSA page you linked, this is the sentence that causes the problem:

Time spent working within the 150 air-mile radius does not count toward the driver’s daily and weekly limits.​

In addition to daily HOS, the U.S. driver will have to show their compliance with the Canadian HOS for:

• 24 hours off-duty in the last 14 days
• 70/7 (Cycle 1)

How will a Canadian enforcement officer know if the driver is compliant without those records? If it is operationally possible to have a reset just before or at the border, or before the beginning of a cross-border trip, it would alleviate some issues.

And Heaven help any driver that is inspected by an RCMP officer. Although exceptionally rare (usually only if stopped for some other reason), most of them have only a very cursory knowledge of HOS regulations, but they carry the same ticket book as all LEOs. 

 

copy of waiver - required to keep - for the ELD Part.. of not needing one..

https://www.fmcsa.dot.gov/sites/fmc...r-transportation-agricultural-commodities.pdf​

 

Regulations Section

Question 32: Can a for-hire motor carrier located in Canada transport farm supplies and/or equipment for agricultural purposes to a location in the U.S. without having to comply with Part 395?

Guidance:

Yes, if a Canadian driver meets all of the requirements of the 49 CFR 395.1(k) definition of ”agricultural operations,” the provisions of Part 395 do not apply so long as the trip occurs only during the official ”planting and harvesting season” as designated by each State.

 

Question to the OP..

Do you go into Canada or exceed the 150 miles more than 8 times in 30 days?

 

Neither of which carry any weight in Canada. So, having the information available in the U.S. should help clarify any issues there, but it will be very safe to assume that the absence of any verifiable RODS available to Canadian enforcement will result in an immediate OOS (likely 36 hours--Cycle 1).

The only standing exemption to Canadian HOS is the Oil Well Service Vehicle Permits (§63). There are provincial agricultural exemptions, but by the very fact of being a cross-border carrier, none of them would be applicable. The carrier could apply for a federal HOS exemption per Special Permits (§61-68).

 

So far that is what I am coming up with...