When Is an ELD Required, and What Are the Exemptions?

An electronic logging device (ELD) is the default way a driver records hours-of-service duty status. Under 49 CFR 395.8(a)(1)(i), a motor carrier operating commercial motor vehicles must install and require each of its drivers to use an ELD that meets Subpart B of Part 395. The requirement applies to motor carriers subject to Part 395, except a private motor carrier of passengers (nonbusiness) as defined in 49 CFR 390.5. Coverage questions are explained in understanding DOT regulated, and other daily driver records in pre-trip and post-trip inspections.

Exceptions that allow paper logs. A motor carrier may have a driver record duty status manually instead of using an ELD when the driver operates a commercial motor vehicle (49 CFR 395.8(a)(1)(ii)(A)):

• In a manner requiring a record of duty status on not more than 8 days in any 30-day period
• In a driveaway-towaway operation in which the vehicle being driven is part of the shipment being delivered
• In a driveaway-towaway operation in which the vehicle being transported is a motor home or a recreation vehicle trailer
• That was manufactured before model year 2000, as shown by the VIN on the vehicle's registration

Drivers exempt from logs. Short-haul drivers who meet 49 CFR 395.1(e)(1) or (e)(2) are exempt from records of duty status under 395.8. For the 150 air-mile radius exception, the carrier keeps time records showing when the driver reported, total on-duty hours, release time and, for first-time or intermittent drivers, the preceding 7 days. These records are retained for 6 months (49 CFR 395.1(e)(1)(iv)).

Carrier duties for ELDs (49 CFR 395.22).

• Use only an ELD on FMCSA's registered ELDs list.
• Manage ELD accounts and assign each user a unique username. A driver's license number or Social Security number may not be used as, or as part of, the username.
• Require drivers and support personnel to log in with their own identification data.
• Keep the ELD calibrated and maintained, and mount a portable ELD in a fixed position visible to the seated driver.
• Keep onboard an information packet with data transfer instructions, malfunction instructions and blank paper logs for at least 8 days.
• Keep a backup copy of ELD records for 6 months on a separate device.

When an ELD malfunctions (49 CFR 395.34). The driver notes the malfunction and gives the carrier written notice within 24 hours. The driver reconstructs the current 24-hour period and the previous 7 consecutive days on paper logs, unless the records are already in hand or retrievable, and keeps paper logs until the ELD is repaired. The carrier corrects the malfunction within 8 days of discovery or driver notice, whichever comes first. An extension request goes to the FMCSA Division Administrator within 5 days after driver notice.