ELD Electronic
Logging Devices

The minimum functional specification requirements in the ELD rule do not require ELDs to identify hours of service violations; however, some ELD providers have elected to offer this as an add-on feature. If an ELD provider offers this add-on feature but does not update their device to reflect the 2020 changes to the new hours of service rules, the ELD may inaccurately identify hours of service violations. Motor carriers should contact their ELD providers with specific questions about what information their ELD displays.

1. The driver must inform their carrier of the malfunction within 24 hours.
2. The motor carrier has 8 days to repair, service, or replace the ELD. If the malfunction precludes the device from accurately recording hours of service (HOS) data and presenting that HOS data to a safety official, the driver must user paper logs or another system for recording their HOS during this time.
3. Under 49 CFR 395.34, a motor carrier seeking to extend the time permitted for repair, replacement, or service of one or more ELDs may request an extension within 5 days after the driver notifies the motor carrier of the malfunction. ELD malfunction extension requests must be signed by the motor carrier and submitted to the FMCSA Division Administrator for the State of the motor carrier's principal place of business. For more information, see https://eld.fmcsa.dot.gov/support.

No. A driver cannot change their status to exempt; this account setting must be configured by the motor carrier.

For example, if a driver is transporting an agricultural commodity and is eligible for the agricultural exemption, the driver has three options for recording this time:

1. A driver can operate within the 150-air mile radius without logging into the ELD, and then log into the ELD once the vehicle reaches the 150-air mile radius limit. Driving time within the 150-air mile radius will be identified on the ELD as "unidentified driving" time. The driver will reject the unidentified driving time on the ELD and the motor carrier must annotate the ELD data to explain that the "unidentified driving" time occurred while operating under an agricultural HOS exemption.
2. The driver can log into the ELD when coming on duty and identify the time operating within the 150-air mile radius with an ELD annotation stating that the vehicle was operating under an agricultural HOS exemption.
3. If authorized by the motor carrier, the driver can log into the ELD when coming on duty and identify the time operating within the 150 air-mile radius as authorized personal use (personal conveyance). A driver operating a CMV under the authorized personal conveyance provision must select on the ELD the personal conveyance driving category before the start of the status and deselect when the indicated status ends.

There are two ways authorized personal use (personal conveyance, or "PC") can be recorded using an electronic logging device (ELD):

1. If the motor carrier has configured the driver user account to authorize personal use in accordance with 49 CFR 395.28(a), then the driver may use the personal conveyance special driving category to record that time.
2. If the motor carrier has not configured the device to authorize personal conveyance, the driver may switch to Off Duty and annotate the beginning of personal conveyance period. Once the personal conveyance period has ended, the driver annotates the end event, as well as any events that occurred during that time period.

Under sections 4.3.2.8.2(b) of 49 CFR part 395, subpart B, Appendix A, automatically recorded drive time when the commercial motor vehicle (CMV) is in motion cannot be edited or changed to non-driving time.

Edits to automatically recorded driving time are acceptable in the following instances:

1. For team drivers, a driver may edit and reassign driving time records erroneously recorded to their account (see section 4.3.2.8.2(b)(2) of Appendix A). The drivers must have indicated each other as co-drivers in their record of duty status (RODS). Each co-driver must confirm the change for the edit to take effect.
2. A driver may edit or correct driving time erroneously recorded due to failing to change his or her duty status before powering off the CMV, but only if the driving time was recorded by the ELD while the vehicle was powered off and the vehicle was not in motion during the period that is being edited or corrected. The driver edit limitation found in section 4.3.2.8.2(b) prohibits the editing of automatically recorded driving time. The intent of the specification that requires automatic recording of driving time is to ensure all movement of the CMV is captured. A CMV cannot be driven while powered off. The driving time following the power off cycle of a CMV not in motion, is not recorded to the specifications required by 4.3.1.2 and 4.4.1.1 and therefore may be edited to the correct duty status.
3. Driving time assumed from the unidentified driver profile in error may be returned to the unidentified driver profile so that it can be assumed by the correct driver (see section 4.2.3.8.2(b)(1) of Appendix A).
4. Drivers may assume a subset of driving time from the unidentified driver profile. The amount of automatically recorded drive time may not change, but can be split between the driver and the unidentified driver profile so that the remaining time can be assumed by the correct driver.
5. Drivers may not assume driving time from the unidentified driving profile and convert it to Off-Duty (PC) or On-Duty Not Driving (YM). Per 395.28, drivers must select the applicable special driving category (YM or PC) before the start of that status and then deselect that category when the indicated status ends. Selection and deselection of the special driving category must be indicated at the time the status changes and cannot be added later. If the status that should have been in effect is either PC or YM, and the driver had not already selected the appropriate driving category, then the unidentified driving time should be annotated because enforcement personnel consider annotations and GPS coordinates to determine if a violation is present.

Records from the engine installer, engine dealer, or engine manufacturer that confirm the engine year and the date when the engine was replaced.

A driver operating in the U.S must have evidence of the hours worked for the current 24-hour period and the previous 7 days.

A driver operating in the U.S. who is subject to the ELD rule must record all time operating in the U.S. on the ELD.

A driver operating in the U.S. may record time operating in Canada/Mexico using one of the following methods:

• Records of duty status (RODS), on paper or an electronic form, for time operating in Canada/ Mexico during the current day, and during the previous 7 days,
• An AOBRD display or printout of RODS status, or
• ELD data transfer that displays the driver's RODS for any operations both inside and outside the US.

FMCSA has made a web-based version of the eRODS software available for use by motor carriers and ELD providers. Motor carriers and ELD providers may upload an ELD file to see how the hours of service data will be presented to a safety official. Web eRODS is available on the ELD website at https://eld.fmcsa.dot.gov/eRODS.

The ELD header must reflect data for the current CMV. See sections 4.3.1.3 and 4.3.1.4 of 49 CFR part 395, subpart B, Appendix A.

Note: The Example of print/display daily header found in Appendix A section 4.8 is for example only. If a driver operates multiple vehicles during the requested time period, the provider has flexibility to come up with a different layout as long as it contains the fields required by section 4.8.1.

The ELD is required to automatically change a driver’s duty status to Driving when the vehicle is in motion, set at 5 mph threshold or less, after being in the Sleeper Berth duty status unless the driver is in a team operation and the inactive driver logged in the ELD. However, while the vehicle is in motion, intermediate recordings will be included on the inactive driver’s logs during the sleeper berth period.

For files generated during roadside safety inspections, the active co-driver and CMV, must be reflected. For motor carrier data transfer (for compliance investigations), the ELD output file header should reflect the co-driver and CMV in use at the end of the requested time period.

In either case, the file must contain all administrative users, co-drivers, and CMVs referenced during the requested time period.

Records from all CMVs should be included in this time period unless the records were recorded by a non-interoperable ELD.

Regardless of whether the current day and previous 7 days are available in the in-use ELD, the driver is responsible for providing a record of duty status (RODS) for the previous 7 days upon request from a safety official.

As a minimal requirement, each driver would need to have printed ELD records with them to reflect their previous seven days or manually add the hours of service records from the previous seven days. Regardless of how the data was recorded, a motor carrier must retain ELD record of duty status (RODS) data and back-up data for six months.

The ELD must have the capability of retrieving and recording position information in compliance with sections 4.6.1.4 of 49 CFR part 395, subpart B, Appendix A. The ELD includes all components required to record, manage, retain, and transfer data so any component within the ELD may retrieve the location information.

The inspector will cite the driver for failing to have a required electronic record of duty status (RODS), and will place the driver out of service (OOS) for 10 hours (8 hours for a passenger carrier), in accordance with the Commercial Vehicle Safety Alliance (CVSA) North American Standard Out-of-Service (OOS) Criteria. At the end of the OOS period, the driver is allowed to complete the current trip to his or her final destination using paper logs. If the driver is stopped again prior to the final destination, the driver will be asked to provide the safety official a copy of the inspection report and evidence (e.g., bill of lading) proving he/she is continuing the original trip. After reaching the final destination, if the driver is dispatched without obtaining a compliant ELD, he/she will again be subject to the OOS procedures. However, a driver may return with an empty commercial motor vehicle (CMV) to his/her principal place of business or home terminal, as indicated on the roadside inspection report.

If an ELD malfunctions, a motor carrier must:

1. Correct, repair, replace, or service the malfunctioning ELD within 8 days of discovering the condition or a driver's notification to the motor carrier, whichever occurs first; and
2. Ensure its driver complies with 49 CFR 395.34(a)(2) and (3) by requiring its driver to maintain paper record of duty status (RODS), if the malfunction hinders the accurate recording of the driver's hours of service data, until the ELD is back in service.

Note: A motor carrier may submit an ELD malfunction extension request to the FMCSA Division Administrator for the State of the motor carrier's principal place of business. The request must be made within 5 days after the driver notifies the motor carrier of the malfunction, must be signed by the motor carrier, and must include the information required by 49 CFR 395.34(d)(2).

If an ELD malfunction prevents the driver from presenting HOS to a safety official, the driver must:

• Note the malfunction of the ELD and provide written or electronic notification of the malfunction to the motor carrier within 24 hours;
• 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 that comply with 49 CFR 8, unless the driver already has the records or the records are retrievable from the ELD; and
• Continue to prepare RODS on paper a paper log in accordance with §  8, if the malfunction hinders the accurate recording of the driver's hours of service data, until the ELD is back in compliance.
  • Recording RODS on a paper log cannot continue for more than 8 days after the malfunction unless an extension is given in accordance with §  34 – ELD Malfunctions and Data Diagnostic Events.
  • A driver who records hours of service on a paper log for more than 8 days without proof of an extension from the Federal Motor Carrier Safety Administration may be placed out of service.

While not required, the motor carrier can include an ELD support system that allows drivers to make edits to ELD data when away from the ELD.

A driver using an ELD must have an ELD information packet onboard the CMV containing the following items:

1. A user's manual for the driver describing how to operate the ELD;
2. An instruction sheet describing the data transfer mechanisms supported by the ELD and step-by-step instructions to produce and transfer the driver's hours-of-service records to an authorized safety official;
3. An instruction sheet for the driver describing ELD malfunction reporting requirements and recordkeeping procedures during ELD malfunctions; and
4. A supply of blank driver's record of duty status (RODS) graph-grids sufficient to record the driver's duty status and other related information for a minimum of 8 days.

Yes. If the United States (U.S.) destination is within a 150 air-mile radius of a Canada/Mexico-domiciled motor carrier’s driver’s normal work reporting location and the driver returns to that location and is released from work within 14 hours, then the driver is not required to keep a paper log or use an electronic logging device (ELD) during the U.S. portion of the trip.

Canada and Mexico-domiciled motor carriers that are not subject to the electronic logging device (ELD) rule may operate in the United States (U.S.) with an AOBRD that meets the definition of an AOBRD in 49 CFR 395.15 . A motor carrier domiciled in Canada or Mexico that is subject to the ELD rule must use an ELD when operating in the U.S.

Yes, the rule does allow for the use of a mobile device (commonly called a portable or handheld unit). A portable ELD must be mounted in a fixed position during commercial motor vehicle (CMV) operation and visible to the driver from a normal seated driving position. This information can be found in the 49 CFR 395.22(g).

Apps are allowed to be ELDs as long as they are integrally connected to the electronic control module (ECM) bus for the required data and meet all the technical specs.

If more than one component is required to ensure the ELD is compliant with 49 CFR part 395, subpart B, Appendix A, all components must be present and available to the officer to be reasonably viewed at the roadside for the driver to be considered operating with an ELD when an ELD is required.

A motor carrier must retain ELD RODS data and supporting documents for six months. For more information, see 49 CFR 395.8(k)(1). Additionally, a back-up copy of ELD records must be maintained on a device separate from that where original data was stored for six months. Additionally, a motor carrier must retain a driver's ELD records in a manner that protects driver privacy. For more information, see § 395.22(i).

The motor carrier is responsible for checking that their device is registered, as established in 49 CFR 395.22. Motor carriers should only purchase an ELD that is self-certified by the manufacturer to be compliant and that is registered and listed on the FMCSA website.

The list of registered ELDs can be found at https://eld.fmcsa.dot.gov/List. Motor carriers should also familiarize themselves with the ELD checklist and the ELD rule.

In the event that an ELD is removed from the registration list, FMCSA will place the removed device on FMCSA's Revoked ELDs List.

While not required, if the motor carrier configured the driver user account to authorize a special driving category, then the graph-grid will overlay periods using a different style line (such as dashed, dotted line, or shading) in accordance with section 4.8.1.3(c)(2) of 49 CFR part 395, subpart B, Appendix A. The appropriate abbreviation must also be indicated on the graph-grid.

If the motor carrier does not configure the driver user account to authorize special driving categories, then the driver must annotate the beginning and end of the applicable special driving category.

Yes, a motor carrier operating a vehicle with a manufactured model year of 2000 or newer and without an ECM is subject to the ELD rule, as established by 49 CFR 395.8(a)(1)(iii). 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 ELD rule. See sections 4.2 and 4.3.1 of 49 CFR part 395, subpart B, Appendix A for accuracy requirements.

Section 395.8(j)(2) provides that "Motor carriers, when using a driver for the first time or intermittently, shall obtain from the driver a signed statement giving the total time on duty during the immediately preceding 7 days and the time at which the driver was last relieved from duty prior to beginning work for the motor carriers." In the alternative, the driver may present copies of the previous 7 days' RODS status or a print-out of the preceding 7 days from the previous carrier's ELD system.

If a driver operates in the U.S. and is required to use a record of duty status (RODS) for more than 8 days out of any 30-day period, the driver is subject to the ELD rule unless another ELD exception applies.

An edit is a change to an electronic logging device (ELD) record that does not overwrite the original record, while an annotation is a note related to a record, update, or edit that a driver or an authorized support personnel may input to the ELD. Section 49 CFR 395.30(c)(2) requires that all edits, whether made by a driver or the motor carrier, be annotated to document the reason for the change. For example, an edit showing time being switched from "Off Duty" to "On-Duty Not Driving" could be annotated by the carrier to note, "Driver logged training time incorrectly as off-duty." This edit and annotation would then be sent to the driver for approval in accordance with §  395.30.

Under 49 CFR 395.30(c)(3), the driver account associated with the driving time records may be edited and reassigned between the team drivers, if there was a mistake resulting in a mismatch between the actual driver and the driver recorded by the ELD, and if both team drivers were indicated in one another's records as a co-driver. Each co-driver must confirm the change for the corrective action to take effect.

In 49 CFR 390.36(a), FMCSA defines harassment as an action by a motor carrier toward one of its drivers that the motor carrier knew, or should have known, would result in the driver violating hours of service (HOS) rules in part 395 or §  392.3. These rules prohibit carriers from requiring drivers to drive when their ability or alertness is impaired due to fatigue, illness, or other causes that compromise safety. To be considered harassment, the action must involve information available to the motor carrier through an ELD or other technology used in combination with an ELD. In §  390.36(b), FMCSA explicitly prohibits a motor carrier from harassing a driver.

The ELD rule has provisions to prevent the use of ELDs to harass drivers. Under 49 CFR 390.36, FMCSA explicitly prohibits a motor carrier from harassing a driver, and provides that a driver may file a written complaint under §  386.12(b) if the driver was subject to harassment. Technical provisions that address harassment include a mute function to ensure that a driver is not interrupted in the sleeper berth. Furthermore, the design of the ELD allows only limited edits of an ELD record by both the driver and the motor carrier's agents, and in either case, the original ELD record cannot be changed. As a result, motor carriers will be limited in forcing drivers to violate the hours of service (HOS) rules without leaving an electronic trail that would point to the original and revised records. The driver certification is also intended, in part, to protect drivers from unilateral changes—a factor that drivers identified as contributing to harassment.

Harassment will be considered in cases of alleged HOS violations; therefore, the penalty for harassment is in addition to the underlying violation under §  392.3 or part 395. An underlying HOS violation must be found for a harassment penalty to be assessed.

No. Real-time tracking of CMVs is not required in the ELD rule. However, a motor carrier may use technology to track its CMVs in real time for business purposes. A motor carrier is free to use this data as long as it does not engage in harassment as defined in 49 CFR 390.36 or violate other provisions of the Federal Motor Carrier Safety Regulations (FMCSRs).

Yes. A motor carrier may submit an ELD malfunction extension request to the FMCSA Division Administrator for the State of the motor carrier's principal place of business within 5 days after the driver notifies the motor carrier of the malfunction. The extension request should include the legal name, principal place of business address, and USDOT Number of the motor carrier. It must be signed by the motor carrier and must include the following information:

• The name, address, and telephone number of the motor carrier representative who will file the request;
• The make, model, and serial number of each ELD;
• The date and location of each ELD malfunction as reported by the driver to the carrier; and
• 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(d)(1).

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

No. The ELD rule requires that the ELD can transfer data electronically, and produce the driver’s hours of service as either an ELD printout or display.

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.

Yes. When operating in the U.S., a motor carrier must use an ELD that displays vehicle road miles information in units of whole miles.

No, an electronic logging device (ELD) must not allow creation of more than one driver account associated with a driver’s license for a given motor carrier.

In the case of owner-operator, the same person may have two accounts: a driver account for logging hours of service and a supporting personnel account for managing the backend.

No. The display and print requirement serves as a backup to the data transfer methods. In the event that data transmission fails during a roadside inspection, the safety official must be able to view the required information without entering the commercial motor vehicle (CMV). This can be accomplished via either the ELD screen or a printout from the ELD, whichever is supported by the device. If a provider selects the display requirement as the backup method, the device is not required to meet the print requirement and vice versa.

This distance is not specified in order to account for the variety in size of screens. The safety official must be able to read the screen display without having to physically enter the CMV.

Under section 4.8.1.2 of 49 CFR part 395, subpart B, Appendix A, if an electronic logging device (ELD) cannot produce a printout for use at roadside inspection, the display must be designed so that it can be reasonably viewed from outside the commercial motor vehicle (CMV). That may require the device to be untethered from its mount or connected in a manner that would allow it to be passed outside of the vehicle for a reasonable distance.

The header should be populated with the commercial motor vehicle (CMV) data and co-driver data (if applicable) at the end of the report period. The actual date and location information must be reflected as required in the ELD data.

All power up and shut down events for all commercial motor vehicles (CMVs) used by the driver within the time period that is being requested should be included, including those events that belong to another driver (e.g., if the driver was not using that CMV on that day).

When a vehicle is registered, the model year should follow the criteria established by the National Highway Traffic Safety Administration (NHTSA). Generally, the model year is determined by reviewing the vehicle identification number (VIN) on the vehicle registration. If the model year is pre-2000 based on the VIN, an ELD is not required.

However, there may be instances when the model year reflected on the vehicle registration is not the same as the engine model year, most commonly when a vehicle is rebuilt using a "glider kit" or when an engine is swapped from one vehicle to another. Vehicles with engines predating model year 2000 are also accepted and are not required to have an ELD, even if the VIN reported on the registration indicates that the commercial motor vehicle (CMV) is a later model year. While the driver is not required to possess documentation that confirms the vehicle engine model year, 49 CFR part 379 Appendix A requires motor carriers to maintain all documentation on motor and engine changes at the principal place of business.

Yes. Motor carriers with operations that are exempt from the requirements of § 395.8 are exempt from the ELD rule.

Yes. However, the ELD must comply with the ELD rule's technical specifications. The ELD may use alternative sources to obtain or estimate the required vehicle parameters, in accordance with the accuracy requirements in sections 4.3.1 of 49 CFR part 395, subpart B, Appendix A.

• A motor carrier driver operating a rental truck with a rental agreement that exceeds 8 days must comply with the ELD rule unless another ELD exemption applies.
• If a property-carrying truck is rented for 8 days or less, as indicated in the rental agreement, drivers are not required to use an ELD. To meet this exemption, the driver and motor carrier must maintain the following:
  • A copy of Federal Register Notice (FRN) 82 FR 47306, "Hours of Service of Drivers: Application for Exemptions; Truck Renting and Leasing Association (TRALA)" dated Oct. 11, 2017 or an equivalent signed Federal Motor Carrier Safety Administration (FMCSA) exemption document. This document must be provided to safety officials on request.
  • A copy of the rental agreement. The rental agreement must clearly identify the parties to the agreement, the vehicle, and the dates of the rental period.
  • Copies of the driver's record of duty status (RODS) for the current 24-hour period and the prior 7 days, if RODS are required on those days.

• Drivers qualify for the 100 air-mile radius (short-haul) exception regardless of the number of times they enter the U.S., provided they meet all requirements of the short-haul exception under 49 CFR 395.1(e).
• If a driver operates in the U.S. for more than 8 days during a 30-day period and does not qualify for the short haul exception after the 8th day, the driver is subject to the ELD rule unless another exemption applies.

Under 49 CFR 395.11, motor carriers must retain up to 8 supporting documents for every 24-hour period that a driver is on duty.

If a motor carrier retains more than 8 supporting documents for a driver’s 24-hour period, the motor carrier must maintain the supporting document that has the earliest time indication as well as the one with the latest time indication. Drivers must submit their supporting documents to the motor carrier no later than 13 days after receiving them.

Under 49 CFR 395.8(k)(1), motor carriers must retain RODS and supporting documents for six months from the date of receipt.

Under 49 CFR 395.11(d)(3), if a motor carrier has more than 8 supporting documents for a 24-hour period, the motor carrier must retain the supporting documents containing the earliest and latest time indications and 6 other supporting documents. If the motor carrier has fewer than 8 documents, the motor carrier must keep each document.

Yes. In accordance with 49 CFR 395.30(f), the original ELD records are retained even when allowed edits and annotations are made. If the driver cannot independently access the records from the ELD, the motor carrier must provide access on request. However, the right to access is limited to a six-month period, consistent with the period during which a motor carrier must retain drivers' records of duty status (RODS).

All of the driver’s hours of service must be accounted for when subject to the hours of service rules. A driver can manually add any on-duty not driving time accrued prior to operating a commercial motor vehicle.

Yes. Drivers may edit their RODS using ELD back office support systems. While these edits or corrections are allowed to ensure an accurate record of the driver's duty status, under 49 CFR 395.30(f) and the technical specifications in 49 CFR part 395, subpart B, Appendix A, the electronic record must retain what was originally recorded, as well as the date, time, and identity of the individual entering the corrections or edits.

If multiple, compatible ELDs are used to record a driver's RODS within a motor carrier's operation, the ELD in the vehicle the driver is operating must be able to produce a complete ELD report for that driver, on demand, for the current 24-hour period and the previous 7 consecutive days as required by 49 CFR 395.8(k).

The motor carrier and the driver are responsible for ensuring that the driver is able to produce a complete ELD report for the current 24-hour period and the previous 7 consecutive days as required by 49 CFR 395.8(k). If the driver uses multiple ELDs that are not compatible (e.g., the data file from one system cannot be uploaded into the other system), the driver must either manually enter the missing duty status information or provide a printout from the other system(s) so that an accurate accounting of the duty status for the current and previous seven days is available for the authorized safety official.

Under 49 CFR 395.32(c), a motor carrier must either annotate the record and 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 6 months from the date of receipt as a part of its hours of service ELD records and make them available to authorized safety officials.

As defined in 49 CFR 390.36, a motor carrier can only be found to have committed harassment if the driver commits a specified underlying hours of service 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, as defined in §  390.5T, 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.

Under 49 CFR 390.36 and 386.12(b), the following information must be submitted in writing:

1. Driver's name, address, and telephone number;
2. Name and address of the motor carrier allegedly harassing the driver; and
3. Statement of the facts to prove each allegation of harassment, including:
   1. How the electronic logging device (ELD) or other technology used with the ELD contributed to harassment.
   2. The date of the alleged action.
   3. How the motor carrier's action violated either §  3 or 395.
   4. Driver's signature.

Any supporting evidence that will assist FMCSA in the investigation of the complaint should also be included along with the complaint.

During on-duty driving periods, the location accuracy is approximately within a 1-mile radius. When a driver operates a commercial motor vehicle (CMV) for personal use, the position reporting accuracy would be approximately within a 10-mile radius.

No, the electronic logging device (ELD) must be able to monitor engine operation to automatically capture required data. A global positioning system (GPS) is not integrally synchronized with a vehicle's engine, and cannot be a substitute for required ECM data to comply with the ELD rule.

An ELD must automatically switch to driving mode once the commercial motor vehicle (CMV) is moving up to a set speed threshold of 5 miles per hour. As a result, the in-motion state must not be configured greater than 5 miles per hour. The vehicle will be considered stopped once its speed falls to zero (0) miles per hour and stays at zero (0) miles per hour for 3 consecutive seconds.

When the duty status is set to Driving, and the commercial motor vehicle (CMV) has not been in motion for 5 consecutive minutes, the ELD must prompt the driver to confirm a continued driving status or enter the proper duty status. If the driver does not respond to the ELD prompt within 1 minute, the ELD must automatically switch the duty status to On-Duty Not Driving (ODND).

While the local Bluetooth® requires the use of web services, local Bluetooth® data transfer requires only the safety official to have internet connectivity and not the electronic logging device (ELD). The driver's/motor carrier's ELD will use the safety official's internet connection to transfer data. The internet connection between the ELD and the safety official will be limited and can only be used for the purpose of transferring the ELD data via the web service. During Bluetooth® data transfer, the driver/motor carrier must make the ELD discoverable. Once the ELD detects the safety official's laptop, the safety official will provide the driver/motor carrier with a Bluetooth® code to enter into the ELD and confirm Bluetooth® connectivity between the safety official's laptop and the ELD. Once the connection between the safety official's laptop and the ELD has been confirmed, the safety official will provide the driver/motor carrier with the safety official's unique code, and the driver/motor carrier will transfer the ELD data to web services for the safety official to retrieve.

If there are cellular network limitations that prevent the ELD from transferring data to the Federal Motor Carrier Safety Administration's (FMCSA) web services, the safety official will use the ELD's display screen or printout to verify compliance with the U.S. hours of service regulations.

Yes. An ELD must monitor its compliance with the ELD technical requirements and detect malfunctions and data inconsistencies related to power, data synchronization, missing data, timing, positioning, data recording, data transfer, and unidentified driver records requirements. The ELD output will identify these data diagnostic and malfunction events and their status as either "detected" or "cleared." Typically, a driver can follow the ELD provider's and the motor carrier's recommendations to resolve the data inconsistencies that generate an ELD data diagnostic event, while a motor carrier must correct a malfunction.

"Engine synchronization data diagnostic events" occur when an ELD loses electronic control module (ECM) connectivity to any of the required data sources (engine power status, vehicle motion status, miles driven, and engine hours) and can no longer acquire updated values for the required ELD parameters within five seconds of the need.

"Engine synchronization compliance malfunctions" occur when ECM connectivity to any of the required data sources (engine power status, vehicle motion status, miles driven, and engine hours) is lost for more than 30 minutes during a 24-hour period aggregated across all driver profiles.

"Power data diagnostic events" occur when an ELD is not powered and fully functional within 1 minute of the vehicle's engine receiving power and does not remain powered for as long as the vehicle's engine stays powered.

"Power compliance malfunctions" occur when an ELD is not powered for an aggregated in-motion driving time of 30 minutes or more over a 24-hour period across all driver profiles.

If an ELD malfunctions, the safety official can decide what methods of record retrieval not specified in the ELD rule are acceptable. This includes options like accepting hours of service records by fax.

As stated in 49 CFR 395.22(b)(2)(i) , a motor carrier must manage ELD accounts. Therefore, the driver’s license information must be updated in the ELD. If the data files from an individual’s old and new driver's license files cannot be merged, the driver must either manually enter the previous duty status information or provide a printout from the older hours of service to provide an accurate accounting of the duty status for the current and previous seven days for authorized safety officials.

No. Section 4.1.2(c) of 49 CFR part 395, subpart B, Appendix A prohibits multiple driver accounts for one driver. The motor carrier must proactively change the driver's status to and from exempt and non-exempt.

The table below compares the technical specifications in the AOBRD rule (§ 395.15) and the ELD rule.

Yes. The driver can add the VIN manually if the ELD cannot retrieve the VIN from the vehicle engine data.

Yes. A driver may use a portable handheld ELD, smartphone, or other wireless device if the device meets the ELD rule's technical specifications and is on the Registered ELD list on FMCSA's website.

While operating in the U.S., under 49 CFR 395.22(g), the portable ELD unit, smartphone or other wireless device must be mounted in a fixed position during the vehicle operation and must be visible to the driver from a normal seated position.

Yes, vehicles operated by the Canadian Armed Forces in the U.S. are not subject to the FMCSRs.

U.S. Federal, State and local enforcement personnel should not conduct driver/vehicle inspections on vehicles operated by Canadian Armed Forces provided:

• The driver possesses an appropriate military personal identity card issued by Canada,
• The driver possesses an individual or collective movement order,
• The vehicle carries a registration number, and
• The vehicle contains the distinctive nationality mark of Canada.

Note that the exemption described above applies only to Canadian Armed Forces and not to contractor drivers or vehicles used by the Canadian Armed Forces.

No. The hours of service exemption for agricultural operations does not apply once the driver is beyond a 150 air-mile radius from the source of the agricultural commodity.

Yes. In this case, the 150 air-mile radius from the source of the agricultural commodity in Canada/Mexico would extend up to 100 air-miles within the U.S. The driver would therefore qualify for the hours of service exemption for agricultural operations while remaining within the U.S. portion of that 150 air-mile radius, provided the trip occurs during the planting and harvesting periods, as determined by the U.S. State or States.

No. The definition of "covered farm vehicle" in § 390.5 includes, among other things, the requirement that the vehicle be "Registered in a State with a license plate or other designation issued by the State of registration that allows law enforcement officials to identify it as a farm vehicle." Because the term "State" means one of the 50 U.S. States and the District of Columbia, motor carriers domiciled in Canada/Mexico are not eligible for the covered farm vehicle exemption, including the hours of service and ELD elements of that exemption.

FMCSA does not specify testing requirements for connectivity with the vehicle. Each ELD provider is responsible for connectivity testing.

If the malfunction and/or event does not hinder the ELD's accurate recording of the hours of service, the ELD rule does not require a documentation process. Under 49 CFR 395.34 drivers are still required to report a malfunction to a carrier within 24 hours and the motor carrier is required to repair or replace the malfunctioning ELD within 8 days. However, if the event does not affect hours of service and has been cleared by the ELD itself, the additional reporting requirements under § 395.34 do not apply. In addition, drivers are required to follow any motor carrier instructions for diagnostic events and must review their records of duty status (RODS) and certify they are true and correct under § 395.30. Motor carriers should continue to monitor such short-term diagnostic events and malfunctions to ensure the ELD is operating properly.

Engine synchronization in section 4.2 of 49 CFR part 395, subpart B, Appendix A, for purposes of ELD compliance, is defined as the monitoring of the vehicle's engine operation to automatically capture the engine's power status, vehicle's motion status, miles driven value, and engine hours value when the CMV's engine is powered. As described in section 4.3.1.1, the ELD must be powered and become fully functional within one (1) minute of the vehicle's engine receiving power and must remain powered for as long as the vehicle's engine stays powered. Additionally, section 4.5.1.6 allows up to one (1) minute for the ELD to establish a link to the ECM or ECM connection and record all the required data elements during the power up event. Therefore, during the power-up cycle, an ELD has one minute to establish the synchronization required by section 4.2 and record the power up event. The specification is designed to capture when the CMV is put into a state where it can be driven. When the engine is not powered, the ELD does not have to capture data. An engine synchronization diagnostic event should not be recorded by the ELD during the power up cycle until one of the following occurs.

• Five seconds elapses after the power up cycle is completed and recorded; or
• Five seconds elapses after the ELD has not established a link to the ECM or ECM connection within one minute of the engine receiving power.

When a driver does not log in to the ELD and does not respond to the ELD visual and audible prompts, the ELD must record accumulated driving and On-Duty Not-Driving time in accordance with the ELD defaults (see section 4.4.1 of 49 CFR part 395, subpart B, Appendix A). When more than 30 minutes of driving in a 24-hour period accumulate in the Unidentified Driver (UD) profile, the ELD data diagnostic indicator must be turned on across all drivers logged into that ELD for the current day and the following 7 days. Other events that must be associated with the Unidentified Driver (UD) profile include the commercial motor vehicle (CMV) engine power up and shut down and power compliance monitoring. The ELD must not allow entry of any information into the ELD other than a response to the login prompt.

The Event Log List for the Unidentified Driver Profile may be found in section 4.8.2.1.10.

If the vehicle does not have an ECM or the ECM does not provide all the information required for, it must be acquired using an independent source apart from the positioning services described under sections 4.3.1.6 of 49 CFR part 395, subpart B, Appendix A and must meet accuracy levels laid out in the rule. Global positioning systems (GPS) cannot be used to identify the vehicle's motion status.

Please note that if there is a means for retrieving data from the ECM, the provider is obligated to use that means (for example, using a synthesized odometer or entering into an agreement with an original equipment manufacturer [OEM] to access proprietary information). If the Federal Motor Carrier Safety Administration (FMCSA) is made aware that a provider has chosen not to undertake the effort to secure data from the ECM that is, in fact, retrievable, the device would be considered non-compliant and removed from the self-certified and registered ELDs.

In cases when the ELD's battery dies or when the charge power runs out, the ELD must generate a malfunction event. The ELD must set a power compliance malfunction if the power data diagnostics event indicates an aggregated in motion driving time understatement of 30 minutes or more on the ELD over a 24-hour period across all driver profiles, including Unidentified Driver (UD) profile.

If the driver logs into an ELD component that is not connected to a power unit, information pertaining to a power unit is not required. Other data elements required to be recorded by the ELD that will not be available when entering duty status changes such as vehicle identification number (VIN), engine hours, and vehicle miles are only required when the commercial motor vehicle's (CMV's) engine is powered.

The ELD must provide an option to preconfigure drivers' accounts with yard moves. Should the motor carrier opt to preconfigure a driver's account with yard moves, the driver must select the beginning and end of the yard move period. The graph-grid must overlay periods of driver's indications of yard moves using a different style line (such as dashed or dotted line) or shading. The appropriate abbreviation must also be indicated on the graph-grid.

The driver's license information cannot be omitted or redacted. Section 395.22(c) lists the information the motor carrier must provide when creating a driver account and sections 4.8.1.3 of 49 CFR part 395, subpart B, Appendix A lists the information that must be present on the ELD display screen or printout. This information includes the driver's first and last name and driver's license number and issuing state.

Yes. As long as the file is being transferred to FMCSA through one of the acceptable data transfer methods and is being triggered by the action at roadside or a compliance investigation.

The FMCSA will not collect State enforcement agencies' data transfer preferences.

Yes. The public key is required to be kept updated as part of the self-certification process. Public key updates will be vetted by the Federal Motor Carrier Safety Administration (FMCSA). Additional time will be needed to propagate the update into FMCSA's systems.

Public keys should be submitted as a public key certificate. This certificate may be self-signed. The certificate must conform to the specifications outlined in sections 2.2.1 of the ELD Interface Control Document and Web Services Development Handbook.

Because the electronic control module (ECM) will not support two electronic logging devices (ELDs) and only one driver can be logged into the ELD, the driver in the front cab must log into the ELD and make an annotation that he or she is operating with a tillerman.

The tillerman has the option of manually adding their hours of service to the ELD under their ELD driver account or keep the previous 7 days of their record of duty status (RODS) in their possession for roadside inspections. The same options apply to the motor carrier maintaining the tillerman's (RODS) for 6 months.

The Federal Motor Carrier Safety Administration (FMCSA) issued a limited exemption to motor carriers that operate with a rented commercial motor vehicle for 8 days or less. This limited exemption provides that all drivers of property-carrying commercial motor vehicles rented for 8 days or less, regardless of reason, are not required to use an ELD in the vehicle. To meet this exemption, the driver and the motor carrier must maintain the following:

• A copy of federal register notice (FRN) 82 FR 47306 Hours of Service of Drivers: Application for Exemption; Truck Renting and Leasing Association (TRALA) or equivalent signed FMCSA exemption document. This document must be provided to the safety official upon request;
• A copy of rental agreement with parties to the agreement clearly identified, the vehicle, and the dates of the rental period; and
• A copy of the driver's RODSRODS for the current day and the prior 7 days if required on those days.

For additional information see FRN 82 FR 47306 Hours of Service of Drivers: Application for Exemption; Truck Renting and Leasing Association (TRALA), published on October 11, 2017.

The power unit number is the identifier the motor carrier uses to identify the power unit.

No. Consistent with its approach to other investigations, FMCSA will not publicize ELD investigations. Should an ELD investigation result in a device being deemed a noncompliant device, then that device will be listed on the ELD revoked list.

Yes. Drivers can drive CMVs equipped with ELDs and still use their exception. A motor carrier may configure an ELD to show the exception for drivers exempt from using the ELD, or use the ELD annotation to record the status.

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

Although the ELD reflects the driver's RODS, the driver and carrier share responsibility for the accuracy of the records. The driver certification is intended, in part, to protect drivers from unilateral changes.

However, if the driver is unavailable or unwilling to recertify the record, the carrier's proposed edit and annotation would remain part of the record.

An ELD automatically records the following data elements at certain intervals: date; time; location information; engine hours; vehicle miles; and identification information for the driver, authenticated user, vehicle, and motor carrier.

Location data must be recorded by an ELD at 60-minute intervals when the vehicle is in motion, and when the driver powers up and shuts down the engine, changes duty status, and indicates personal use or yard moves.

An ELD must be integrally synchronized with the engine of the commercial motor vehicle (CMV). Engine synchronization means monitoring engine operation to automatically capture the engine power status, vehicle motion status, miles driven, and engine hours.

When the personal conveyance status is selected (as allowed and configured by the motor carrier), the CMV's location is recorded with a lower level of precision (i.e., an approximate 10-mile radius). Personal conveyance will be reflected on the ELD using a different style line (such as dashed or dotted line).

In the event of team drivers, the ELD must display the data for both co-drivers who are logged into the system.

Yes. The driver who is not operating the vehicle may make entries over his or her own records when the vehicle is in motion. However, co-drivers cannot switch driving roles on the ELD when the vehicle is in motion.

When an ELD fails to acquire a valid position measurement within 5 miles of the commercial motor vehicle moving and 60 minutes has passed, a "position compliance malfunction" will be recorded in the data diagnostic.

A "data recording compliance malfunction" occurs when an ELD can no longer record or retain required events or retrieve recorded logs that are not kept remotely by the motor carrier.

ELD user accounts must be set up by a motor carrier for:

1. Commercial motor vehicle (CMV) drivers who are employed by the motor carrier and who are required to use the ELD, and
2. Support personnel who have been authorized by the motor carrier to create, remove, and manage user accounts; configure allowed ELD parameters; and access, review, and manage drivers' ELD records on behalf of the motor carrier.

Yes. ELD user accounts can be created on individual ELDs or the ELD support system.

A motor carrier must assign only one ELD driver account for each of its drivers required to use an ELD. An ELD must not allow the creation of more than one driver account associated with a driver's license for a given motor carrier. The motor carrier is also responsible for establishing requirements for unique user identifications and passwords.

The ELD rule includes a procedure to remove a listed registered device from the FMCSA website, to provide additional assurance to motor carriers that ELDs on the vendor registration website are compliant. This procedure also protects an ELD vendor's interest in its product.

Unidentified driving time can be assigned in two ways. The driver can claim the driving time when prompted by the ELD, or the motor carrier can later assign the unidentified driving time to the appropriate driver, which must be accepted by the driver.

No, the replacement record must have its own sequence ID number. When a driver edits an event or a motor carrier suggests an edit, the new event record should have a new sequence ID number.

No. Per 49 CFR 395.30(d), a motor carrier may not request edits to a driver’s RODS before they have been certified and submitted by the driver. A motor carrier may request edits to a driver’s RODS upon review of the driver’s submitted records. A driver must confirm or reject any proposed change, implement the appropriate edits on the driver's record of duty status, and recertify and resubmit the records in order for any motor carrier-proposed changes to take effect.