ELD Electronic
Logging Devices

Yes, unless they meet one of the regulatory exceptions.

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.

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.

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.

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.

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.

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.

The ELD provider may tailor the device to its customers’ needs/operations to assist them in accurately monitoring drivers’ hours of service compliance in accordance with the hours of service standards of the country operated in, such as cross-border operations.

• 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.

No, because the movement does not meet does not the definition of "drive-away/tow-away operation" in 49 CFR 390.5T.

• 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.

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.

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.

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.