An electronic logging device replaces the paper log, not the hours-of-service rules. The rules about who must use one, which devices are allowed, what the driver must carry, and what happens when the device fails are all in 49 CFR Part 395, sections 395.8 and 395.20 to 395.38. This page covers the parts a driver or a small carrier needs, in the order they come up.
Who has to use one
395.8(a)(1) requires a motor carrier subject to Part 395 to have each driver record duty status for each 24-hour period. Under (a)(1)(i) the method is an ELD that meets subpart B. The only carriers outside the record-keeping requirement altogether are private motor carriers of passengers (nonbusiness), named at the start of (a)(1).
The four exceptions
395.8(a)(1)(ii)(A) lets a carrier have a driver keep a paper log instead of an ELD when the driver is operating a commercial motor vehicle:
- in a way that requires a record of duty status on not more than 8 days in any 30-day period;
- in a driveaway-towaway operation where the vehicle driven is part of the shipment;
- in a driveaway-towaway operation where the vehicle transported is a motor home or recreation vehicle trailer;
- that was manufactured before model year 2000, as shown by the VIN on the vehicle's registration.
Two points drivers often get wrong. The model-year exception follows the VIN on the registration, not the age of a replacement engine. And the 8-in-30 exception is counted in days a log is required, so a driver using the short-haul exception in 395.1(e)(1) on most days, with a longer run now and then, can stay on paper if the long days stay at 8 or fewer in any 30. A short-haul driver who meets 395.1(e)(1) on a given day needs no log at all that day.
Only a registered device
395.22(a): a carrier required to use an ELD must use only one listed on FMCSA's registered ELDs list at www.fmcsa.dot.gov/devices. The list is self-certified by manufacturers. FMCSA also removes devices from it, and a device that has been removed stops being a compliant way to log. Checking the list before buying, and again if the vendor announces problems, is the only protection the rule offers.
Accounts and log-in
395.22(b) and (c) require the carrier to create a unique ELD account for each driver, with the driver's name as it appears on the license, the license number and issuing state, and a username chosen by the carrier. 395.22(c)(2): the driver's license number or Social Security number must not be used as or in the username. 395.22(e): drivers and support staff must log in with their own identification.
What must be in the cab
395.22(h) requires an ELD information packet on board with three items:
- an instruction sheet describing the data transfer methods the ELD supports, with step-by-step instructions for producing and transferring the records to a safety official;
- an instruction sheet on malfunction reporting and record-keeping during a malfunction;
- a supply of blank paper graph-grid logs for at least 8 days.
395.22(g): a portable ELD, such as a phone or tablet, must be mounted in a fixed position while the vehicle is operating and visible from the normal driving position.
What the driver enters
395.24(b): the duty statuses are off duty, sleeper berth (only if a berth is used), driving, and on-duty not driving. 395.24(c): the driver enters annotations when applicable and a location description when prompted, and enters or verifies the power unit number, trailer numbers and shipping document number. 395.24(d): on request, the driver must produce and transfer the records following the carrier's instruction sheet.
Personal conveyance and yard moves
395.28(a) lets a carrier configure the ELD for two special driving categories, authorised personal use and yard moves. The driver must select the category before the movement starts, deselect it when it ends, and annotate the record when prompted. Whether a given movement qualifies as personal use is a question of FMCSA guidance, not of the device; the ELD only records the claim.
Edits and certification
395.30(b): the driver reviews and certifies each 24-hour record, and must recertify after any later edit. 395.30(d): a carrier may propose edits, but only after the driver submits the records, and the driver must accept or reject each one. 395.30(e): a carrier may not coerce a driver into a false certification. 395.30(f): the original recorded data may not be altered or erased. 395.8(e)(2) separately forbids disabling, jamming or tampering with the device.
When the device fails
395.34(a) sets the driver's three steps:
- note the malfunction and give the carrier written notice within 24 hours;
- reconstruct the record for the current 24 hours and the previous 7 days on paper graph-grid logs, unless the records can be retrieved from the ELD;
- keep paper logs until the ELD is repaired.
395.34(d)(1): the carrier must correct the malfunction within 8 days of discovering it or of the driver's notice, whichever is first. 395.34(d)(2): a carrier needing longer must ask the FMCSA Division Administrator for its principal state within 5 days of the driver's notice, with the device details and the steps taken. This is why the in-cab packet has 8 days of blank logs.
Records the carrier keeps
395.22(i): the carrier keeps a back-up copy of ELD records for 6 months on a device separate from the one holding the originals. 395.8(k)(1): records of duty status and supporting documents are kept at least 6 months.
Choosing a device
For a small fleet the rule narrows the choice to three questions: is the device on the registered list today; does it support the data transfer methods your inspectors use; and does the vendor supply the instruction sheets for the packet, or will you write them. The ELD directory lists devices from FMCSA's registration data.