ELD Electronic
Logging Devices

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.

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.

Edits which reduce the total amount of driving time automatically recorded by the ELD are not allowed. Unidentified driving time may be transferred to a driver and driving time may be transferred between drivers in a team driving scenario, but driving time may not otherwise be re-assigned and may never be cumulatively changed. Per 49 CFR 395.30(f), the ELD must keep the original, unedited record, along with the edits. See sections 4.3.2.8.2 of 49 CFR part 395, subpart B, Appendix A for more information on editing limitations.

Events of type 2 (intermediate log), 5 (login/logout), 6 (CMV power-up/shut-down) or 7 (malfunction/diagnostic) may not be edited in any way. This includes assumption of logs from the unidentified driving profile. If unidentified driving time gets assumed by a driver, the automatically generated change in duty status events would be associated with the driver, but any intermediate logs would not. Since the ELD rule does not allow for intermediate events assumed by the driver to be made inactive, the ELD provider may program the ELD to annotate the events with "assumed by driver [name of driver]".

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.

Yes, a driver can be assigned unidentified driver records recorded under the Unidentified Driver profile and indicate a special driving category. However, under section 4.3.2.8.2(b) of 49 CFR part 395, subpart B, Appendix A, an electronic logging device (ELD) must not allow automatically recorded driving time for a driver to be shortened.

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, in accordance with 49 CFR 395.32(c), the carrier can suggest the edit which can be routed to the driver for confirmation.

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.

Yes. Section 4.8.1.3 of 49 CFR part 395, subpart B, Appendix A requires the inspected driver's profile and the Unidentified Driver (UD) profile to be available as separate reports at roadside either by printout or display. If there are no unidentified driver records existing on the electronic logging device (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.

The aggregate – 15 minutes total. Note that only "unidentified driving records data diagnostic event" can be cleared (in other words, marked inactive). The underlying records that generated the event may not be deleted.

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.

The original records reflecting unidentified driving will remain, but with an inactive status. When unidentified records are assumed, a new event record(s) for the driver is created using elements of the unidentified driver log(s) and driver input to populate missing elements of the log originally recorded under the unidentified driver profile.

The rejected unidentified driving events must remain available for review at roadside for 8 days and should be included in the output file.

Yes. Once the unassigned driving time has been reviewed and only certain records were attributable to and assumed by a driver, in accordance with 49 CFR 395.32, it is expected that some events will remain associated with the unidentified driving profile. These event types include intermediate logs, power-up/shut-down, and malfunction/diagnostic, which cannot be edited.

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.

An "unidentified driving records data diagnostic event" occurs when more than 30 minutes of driving time for an unidentified driver is recorded within a 24-hour period.

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.