Electronic Logging Device F.A.Q

ELD F.A.Q

The ELD rule allows limited exceptions to the ELD mandate, including:

•Drivers who operate under the short-haul exceptions may continue using timecards; they are not required to keep RODS and will not be required to use ELDs.

•Drivers who use paper RODS for not more than 8 days out of every 30-day period.

•Drivers who conduct drive-away/tow-away operations, in which the vehicle being driven is the commodity being delivered.

•Drivers of vehicles manufactured before 2000.

Yes, a motor carrier operating a vehicle with a manufactured model year of 2000 and newer and without an ECM is subject to the ELD rule. If the currently installed engine does not support an ECM and is unable to obtain or estimate the required vehicle parameters, then the operator must use an ELD that does not rely on ECM connectivity, but nevertheless meets the accuracy requirements of the final rule. See Appendix A to Subpart B of Part 395 sections 4.2 and 4.3.1 of the ELD rule for accuracy requirements.

Drivers who use the short-haul, time-card exceptions 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 RODS when required, using paper logs, an Automatic On-Board Recording Device (AOBRD), or a logging software program:

•Drivers who are required to keep RODS not more than 8 days within any 30-day period.

•Drivers conducting a drive-away/tow-away operation, (an operation in which an empty or unladen motor vehicle with one or more sets of wheels on the surface of the roadway is being transported) if the vehicle being driven is the commodity being delivered, or if the vehicle being transported is a motorhome or recreational vehicle trailer.

•Drivers of vehicles manufactured before the model year 2000, or drivers of vehicles with engines manufactured before the model year 2000.

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.

Authorized safety officials may inspect and copy motor carrier records and request any records needed to perform their duties.

The ELD rule does not change any of the current hours of service exemptions. Therefore, motor carriers that meet the exemptions defined in §395.1 are not subject to Part 395, including the ELD rule while they are operating under the terms of the exemption. The duty status of the driver may be noted as either off-duty (with appropriate annotation), or “exempt.” Learn more about the agriculture exemption.

A motor carrier must either explain why the time is unassigned or assign the time to the appropriate driver. The motor carrier must retain unidentified driving records for at least six months as a part of its hours-of-service (HOS) ELD records and make them available to authorized safety officials.

Yes, a driver can edit their record after erroneously accepting a driving event that was originally recorded under the Unidentified Driver profile. The ELD must prompt the driver to annotate edits. In addition, the carrier can suggest the edit which can be routed to the driver for confirmation.

Are unassigned driving reports required to be available at roadside? Yes. Section 4.8.1.3, requires the inspected driver’s profile and the unidentified driver profile to be available as separate reports at roadside either by printout or display. If there are no unidentified driver records existing on the ELD for the current 24-hour period or for any of the previous 7 consecutive days, an ELD does not need to print or display unidentified driver records for the authorized safety official. Otherwise, both reports must be printed or displayed and provided to the authorized safety official.

No. If the electronic means for transferring data is unavailable or fails, the driver can still be compliant by showing either a printout or the actual ELD display of their RODS.

A “timing compliance malfunction” occurs when the ELD can no longer meet the underlying compliance requirement to record Coordinated Universal Time (UTC), where ELD time must be synchronized with UTC, not to exceed an absolute deviation of 10 minutes at any time.

If an ELD malfunctions, a driver must:

1.Note the malfunction of the ELD and provide written notice of the malfunction to the motor carrier within 24 hours;

2.Reconstruct the record of duty status (RODS) for the current 24-hour period and the previous 7 consecutive days, and record the RODS on graph-grid paper logs, or electronic logging software, that comply with 49 CFR 395.8, unless the driver already has the records or retrieves them from the ELD.

3.Continue to manually prepare RODS in accordance with 49 CFR 395.8 until the ELD is serviced and back in compliance. The recording of the driver’s hours of service on a paper log, or electronic logging software, cannot continue for more than 8 days after the malfunction; a driver that continues to record his or her hours of service on a paper log, or electronic logging software, beyond 8 days risk being placed out of service.

A driver should only use paper logs, or electronic logging software, or other electronic means to record their HOS if the ELD malfunction hinders the accurate recording of the driver’s hours-of-service data (i.e., 10/11, 14/15, 60/70 hours; or 30 minute).

If an ELD malfunctions, a motor carrier must:

1.Correct, repair, replace, or service the malfunctioning ELD within eight days of discovering the condition or a driver’s notification to the motor carrier, whichever occurs first.

2.Require the driver to maintain paper record of duty status (RODS) until the ELD is back in service.

Yes. A motor carrier may file an ELD malfunction extension request via email, by submitting the extension request to ELD-Extension@dot.gov. Include the legal name, principal place of business address and USDOT number of the motor carrier. The extension request must include the following information:

1.The name, address, and telephone number of the motor carrier representative who will file the request;

2.The make, model, and serial number of each ELD;

3.The date and location of each ELD malfunction as reported by the driver to the carrier,

4.A concise statement describing actions taken by the motor carrier to make a good faith effort to repair, replace, or service the ELD units, including why the carrier needs additional time beyond the 8 days provided by 49 CFR part 395.34.

To request an extension from the FMCSA Division Administrator in the Field Office in your state, you may contact the office directly. FMCSA Division Administrator contact information can be found at https://www.fmcsa.dot.gov/mission/field-offices#Field-Offices.

FMCSA recommends that drivers first certify their RODS before logging off the ELDs and then shutting down their CMVs’ engines. If drivers don’t follow this recommendation, malfunction codes may occur, such as indicating unaccounted odometer changes and suspicious driving activity.

Yes. In the event that the driver experiences a malfunction that impairs the ELD ability to present the driver’s previous 7 days, the driver may present their previous 7 days by way of any printed copy, or in an electronic form, such as a PDF.

A motor carrier can only be found to have committed harassment if the driver commits a specified underlying hours-of-service (HOS) violation based on the carrier’s actions and there is a connection to the electronic logging device (ELD). Adverse action against the driver is not required, because the driver complied with the carrier’s instructions. In contrast, coercion is much broader in terms of entities covered, and addresses the threat to withhold work from or take adverse employment action against a driver in order to induce the driver to violate a broader range of regulatory provisions or to take adverse action to punish a driver for the driver’s refusal to operate a commercial motor vehicle (CMV) in violation of the specified regulations. Unlike harassment, coercion does not have to result in the driver being in violation of the regulations and does not have to involve the use of an ELD.

The driver must file a written complaint with the National Consumer Complaint Database at http://nccdb.fmcsa.dot.govor with the FMCSA Division Administrator for the State where the driver is employed (http://www.fmcsa.dot.gov/mission/field-offices/list).

The driver must file a written complaint with the National Consumer Complaint Database at http://nccdb.fmcsa.dot.govor with the FMCSA Division Administrator for the State where the driver is employed (http://www.fmcsa.dot.gov/mission/field-offices/list).