Canadian Company occasionally travelling to US, is ELD needed?

Are Canada- and Mexico-domiciled drivers required to use ELDs when they are operating in the U.S.?

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.

 

Buy one eld exempt truck and make it your USA truck

 

Yes. Our Canadian trucks must have a working eld.

 

ELD's are not required unless a (US) logbook is required for more than 8 days in any 30 day period.

 

That's not true. Mark already posted the FAQ from FMCSA. Nothing in the regs state that. the 8 days in 30 is very specific to the timecard exemption. Has nothing to do with foreign logging.
Here is the full list of exemption as written into the regs (not including the temp stuff)
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)

 

I don't know that the exemption specifies "US" or otherwise, only that if a driver is required to log more than 8 days in 30, then an ELD is required. The way it is written, it doesn't matter if the logged days happen in the US, Canada, or Mexico, if you have to log more than 8 days in 30, you need an ELD while operating in the US.

 

ELDs are only required in the US, therefore if you operate in the US within the 8/30 exemption, but exceed it in Canada, you will be exempt from requiring ELDs. Additionally, any US inspector is only entitled to the current day plus the seven prior, so they have no way of determining your compliance beyond that period.

The attached guidance makes it clear that the FMCSA understands extraterritorial legislation and the fact they cannot engage in such.

Question 4: A Canadian driver is subjected to a log book inspection in the U.S. The driver has logged one or more 13-hour driving periods while in Canada during the previous 7 days, but has complied with all the Federal Motor Carrier Safety Regulations (FMCSRs) while operating in the U.S. Has the driver violated the 10-hour driving requirement in the U.S.?

Guidance:

No. Canadian drivers are required to comply with the Federal Motor Carrier Safety Regulations (FMCSRs) only when operating in the U.S.

Regulations Section​

 

That may be the case, but if you have been required to log 9 or more days in ANY jurisdiction within the past 30 days, you are not exempt from the ELD mandate while operating in the US. Same way as US based trucks still have to have a speed limiter to operate in certain provinces, Canadian trucks (unless they are generally exempt from logging requirements, keeping a log 8 days or fewer) must have an ELD once they cross the border into the US.

 

Nope. US regulations apply only in the US. The only reason most Canadian-based trucks operating in the US will have ELDs is because they will exceed 8/30 in the US. The OP is exempt based on his posted operating parameters.