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FAQ Get answers to ELD-related questions

FMCSA provides answers to frequently asked questions about ELDs. Consult these FAQs when you have an ELD-related question, as the answer may already be at your fingertips.

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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.
Last Updated : July 31, 2023

"Paper RODS" means RODS that are not kept on an ELD or automatic onboard recording device (AOBRD), but that are either recorded manually (in accordance with 49 CFR 395.8(f)) or on a computer not synchronized with the vehicle or that is otherwise not used as an ELD or AOBRD.

Printouts of RODS from ELDs refer to the reports that ELDs must be able to generate upon request from an authorized safety official, either printout or display, per section 4.8.1 of 49 CFR part 395, subpart B, Appendix A.

Last Updated : March 10, 2022

When a driver edits a manually entered Special Driving Category to a manual Drive event, the driver may edit the location, but not the odometer value. Odometer information may not be entered manually and must be left blank. Manually entered location information, entered in the manual special driving category event, may be edited. An automatically captured location may not be edited and must retain the geo-coordinates from the original manually entered event.

Last Updated : March 10, 2022

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.

Last Updated : March 10, 2022

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]".

Last Updated : March 10, 2022

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.

Last Updated : March 10, 2022

For a reset or replaced ELD, under 49 CFR 395.8(k), data or documents showing the driver's record of duty status (RODS) for the current 24-hour period and the previous 7 days must still be retained. These can either be uploaded into the "new" ELD or retained in paper format.

Last Updated : March 10, 2022

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.

Last Updated : March 10, 2022

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.

Last Updated : March 10, 2022

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.

Last Updated : March 10, 2022

Yes. A driver can use annotations to indicate the beginning and end of a period of authorized personal commercial vehicle use, or yard moves, as well as other special driving categories, such as adverse driving conditions (49 CFR 395.1(b)) or oilfield operations (§395.1(d)). Additionally, under§ 395.30(c)(2), drivers or support personnel are required to annotate every change or addition to an ELD record.

Last Updated : March 10, 2022

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).

Last Updated : March 10, 2022

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.

Last Updated : March 10, 2022

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.

Last Updated : March 10, 2022

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).

Last Updated : March 10, 2022

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.

Last Updated : March 10, 2022

Under 49 CFR 395.32(b), when prompted by the ELD, a driver must review any unassigned driving time when he or she logs into the ELD. If the unassigned records do not belong to the driver, the driver must indicate that in the ELD record. If driving time logged under this unassigned account belongs to the driver, the driver must add that driving time to his or her own record.

Last Updated : March 10, 2022

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.

Last Updated : March 10, 2022

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.

Last Updated : March 10, 2022

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.

Last Updated : March 10, 2022

The ELD must set the "Event Record Origin" of the ELD record to "2" (edited or entered by the driver).

Last Updated : March 10, 2022

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.

Last Updated : March 10, 2022

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.

Last Updated : March 22, 2017

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.

Last Updated : March 28, 2017

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.

Last Updated : December 20, 2022