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There are two ways authorized personal use (personal conveyance, or "PC") can be recorded using an electronic logging device (ELD):
- 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.
- 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 126.96.36.199.2(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:
- For team drivers, a driver may edit and reassign driving time records erroneously recorded to their account (see section 188.8.131.52.2(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.
- 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 184.108.40.206.2(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 220.127.116.11 and 18.104.22.168 and therefore may be edited to the correct duty status.
- 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 22.214.171.124.2(b)(1) of Appendix A).
- 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.
- 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.
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.
Yes, the driver must manually indicate the On-Duty Not Driving status, unless he or she is operating under the exemption, which expires October 20, 2022.
The event sequence identifier number (sequence ID) must be consistently applied as required per section 126.96.36.199 of 49 CFR part 395, subpart B, Appendix A. While the component(s) used to generate the sequence ID is not specified and is left to the discretion of the provider, section 188.8.131.52 requires the sequence ID to be assigned at the time the event is recorded. ELD events must be recorded when they occur, not at a later time using cached data. [Clarification italicized].
No. The ELD rule does not allow driving time to be shortened for correcting special driving category selection. If a driver forgets to select special driving categories (Personal Conveyance or Yard Move) at the beginning or end of the special driving category, then the driver can make an annotation in the ELD record identifying the start and end of the special driving category.
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.
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 184.108.40.206.2 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]".
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.
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.
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).
No. ELDs are not required to collect data on vehicle speed, braking action, steering function, or other vehicle performance parameters. ELDs are only required to collect data to determine compliance with hours of service (HOS) regulations.
No. The ELD will capture all entered duty statuses, and there is no minimum amount of time that these statuses must or should be engaged. While longstanding industry and enforcement practices may have relied upon minimum intervals of 15 minutes in handwritten record of duty status (RODS), an ELD provides a more accurate accounting of drivers’ time. This should not be construed to indicate that the activities electronically recorded as less than 15 minutes are suspect, only that the time actually required to complete the task may be less than what had been traditionally noted in the paper RODS.
The device manufacturer may offer that service as part of a fleet management package but mileage tracking for tax reporting purposes is not part of the ELD data established in 49 CFR part 395.
The rule calls for storing date/time information using Coordinated Universal Time (UTC) and transmitting data in the data file using the UTC offset in effect at the driver’s home terminal. This means that when daylight saving’s time is in effect at the home terminal, at the time the ELD output file is being generated, it should be included in the UTC offset. It would not be included in the UTC offset if daylight savings time is not in effect at the home terminal.
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.
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(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.
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 220.127.116.11.2(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.
No. Vehicle location information is not sufficiently precise to identify street addresses. For each change in duty status, the electronic logging device (ELD) must convert automatically captured vehicle position in latitude/longitude coordinates into geo-location information that indicates the approximate distance and direction to an identifiable location corresponding to the name of a nearby city, town, or village, with a State abbreviation.
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.
Yes. FMCSA allows, but does not require, warning or notification to drivers when they are nearing their hours of service limits.
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).
No. The ECM and ELD may be connected by serial or Control Area Network communication protocols. Hard wiring to the J1939 plug and Bluetooth® connectivity are examples of methods of receiving the data from the ECM or vehicle data bus.
The ELD is required to obtain and display the ECM value at all times. Safety officials will use the odometer value reported on the ELD. Note that documentation of engine changes is required by 49 CFR part 379 Appendix A to be maintained at the carrier's place of business.
The ELD must set the "Event Record Origin" of the ELD record to "2" (edited or entered by the driver).
The ELD must set the "Event Record Origin" of the ELD record to "2" (edited or entered by the driver).
The sequence ID must be continuous to its source device. In an ELD support system, that system may have its own sequence ID generator. Because events cannot be deleted, it should be possible to observe each component in the ELD system which generates sequence IDs and find a continuous list of events for each sequence number without any gaps.
Yes, the ELD must allow the driver to review, edit, and annotate their ELD records to account for errors and omissions, as specified in sections 18.104.22.168 of 49 CFR part 395, subpart B, Appendix A.
Deleting records is not permitted. To correct errors, drivers must be able to edit, enter missing information into, and annotate the electronic logging device (ELD) records. The original record must be retained and receive an inactive status.
The Electronic Logging Device (ELD) rule allows for carriers, using the support personnel account, to propose changes to a driver's ELD data. To protect the driver's logs from manipulation, edits requested by anyone or any system other than the driver must require the driver's electronic confirmation or rejection.
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.
"WT" refers to "waiting time." This language is carried over from the draft rule and was included in the final version in error. There are no other references to WT found within the rule.
The "Driving" duty status must be automatically recorded by the ELD when the operated vehicle meets the configured threshold; not to exceed 5 mph. See sections 4.4.1 of 49 CFR part 395, subpart B, Appendix A.
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.
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 power unit number is the identifier the motor carrier uses to identify the power unit.
The position, engine hours, and vehicle miles should be recorded when the yard move starting and ending events are created as specified in sections 22.214.171.124 of 49 CFR part 395, subpart B, Appendix A. (Note: these elements are included by reference as sections 126.96.36.199 indicates all elements defined in sections 188.8.131.52 be included.).
Yes, while the yard move status must be selected by the driver, the electronic logging device (ELD) may allow the carrier to configure scenarios in which the driver can and cannot select the yard move.
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.
Since all ELD data file output will be a standard comma-delimited file, a driver may import the data output file into Microsoft Excel, Word, Notepad, or other common tools. A driver will be able to access ELD records through a screen display or a printout, depending on the ELD design.
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.
In displaying the duty status, the full name of the duty status should be used (i.e., Off Duty, Sleeper Berth, Driving, or On-Duty Not-Driving).
Yard moves must be reflected as an On-Duty Not-Driving duty status.
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.