Most commercial drivers in Canada and the U.S. need an electronic logging device (ELD). But both countries carve out exemptions — and they don't line up neatly. A truck that's exempt in one country can need an ELD in the other. This guide lays out the current exemptions on both sides of the border and the common mistakes to avoid.

First: an ELD exemption isn't an hours-of-service exemption

Being exempt from the ELD requirement usually means you can keep logs another way (or, for short-haul drivers, keep time records instead of logs). It doesn't mean the driving, on-duty and rest limits stop applying. Exempt drivers still have to follow the hours-of-service rules for the country they're in.

ELD exemptions in Canada

Under the federal Commercial Vehicle Drivers Hours of Service Regulations, Transport Canada lists these situations where an ELD isn't required:

• 160 km radius. Drivers who stay within 160 km of their home terminal and return there each day don't have to complete a record of duty status (RODS), so they don't need an ELD. Going beyond 160 km at any time means an ELD is required.
• Pre-2000 vehicles. Vehicles manufactured before model year 2000. A model year 2000 or newer vehicle with an older engine is not exempt.
• Short-term rentals. Vehicles under a rental agreement of 30 days or less that isn't extended for the same vehicle.
• Federal permits. Carriers operating under a federal permit issued by a provincial director.
• Statutory exemptions. Carriers operating under an exemption granted under section 16 of the Motor Vehicle Transport Act.

Carriers that operate only within one province follow that province's rules, which can differ. More detail is in our Canadian ELD mandate guide.

ELD exemptions in the U.S.

Short-haul drivers don't keep RODS, so they don't need an ELD. Under 49 CFR 395.1(e)(1), a driver qualifies by staying within a 150 air-mile radius of their normal work reporting location and returning there to be released within 14 consecutive hours. (This replaced the older 100 air-mile, 12-hour rule in September 2020.)

These drivers still keep RODS when required, but can do it on paper instead of an ELD:

• 8 days in 30. Drivers who need RODS for no more than 8 days in any 30-day period. Any rolling 30-day period counts, not just a calendar month.
• Driveaway-towaway. Operations where the vehicle being driven is the commodity being delivered.
• Pre-2000 vehicles and engines. Vehicles with a model year before 2000. FMCSA guidance also exempts vehicles with engines older than model year 2000, even when the VIN shows a newer year — for example, glider kits. Keep engine records at your principal place of business.
• Short-term rentals. Property-carrying vehicles rented for 8 days or less, under an FMCSA exemption granted to the Truck Renting and Leasing Association. Keep a copy of the rental agreement in the vehicle.

Agricultural operations may also qualify for hours-of-service exemptions under 49 CFR 395.1(k), such as transporting agricultural commodities within 150 air-miles of the source during planting and harvest seasons set by each state. Finally, FMCSA occasionally grants formal, time-limited exemptions to specific groups after public notice and comment.

Canada vs. U.S. exemptions at a glance

• Local radius: Canada — 160 km from the home terminal, returning each day. U.S. — 150 air-miles from the work reporting location, released within 14 hours.
• Older vehicles: Both exempt vehicles with a model year before 2000. The U.S. also exempts pre-2000 engines in newer vehicles; Canada does not.
• Rentals: Canada — 30 days or less. U.S. — 8 days or less.
• Occasional logging: The U.S. exempts drivers who need RODS 8 days or less in any 30 days. Canada has no equivalent — Transport Canada says drivers who need a RODS even occasionally need an ELD.
• Driveaway-towaway: Exempt in the U.S. Not on Transport Canada's list of ELD exemptions.

If you cross the border, you need to meet each country's rules while you're in it. See our cross-border ELD guide for the full comparison.

Five ways an exemption turns into a violation

1. Going past the radius “just this once.” Short-haul eligibility is judged day by day. In the U.S., a driver who exceeds the limits has to keep a RODS for that day; in Canada, driving beyond 160 km means an ELD is required.
2. Counting by calendar month. The U.S. 8-in-30 test uses any rolling 30-day period.
3. Assuming a newer chassis with an old engine is exempt in Canada. It isn't.
4. Extending a rental. Renewing or extending a short-term rental for the same vehicle can push you outside the exemption.
5. No paperwork. Keep the records that prove your exemption — time records, rental agreements and engine documentation.

Not sure if you're exempt?

Many exempt fleets still use an ELD for GPS tracking, IFTA mileage and dispatch — and to avoid scrambling the first time a driver goes outside an exemption. Talk to our team about your operation.

Official sources

• Transport Canada: ELD handout for motor carriers and drivers
• FMCSA: ELD rule frequently asked questions
• FMCSA: When does the pre-2000 model year exception apply?
• FMCSA: 2020 hours-of-service final rule

This guide is for general information and isn't legal advice. Exemptions have conditions not covered here — check the regulations or your regulator before relying on one.