FAQ’s: Electronic Logging Devices

An ELD is technology that automatically records a driver’s driving time and other aspects of the HOS records. This allows easier, more accurate HOS recordkeeping. An ELD monitors a vehicle’s engine to capture data on whether the engine is running, whether the vehicle is moving, the miles driven, and the duration of engine operation (engine hours). ELD manufacturers must certify that ELDs meet technical standards in the ELD rule.

An ELD must be certified, and registered with FMCSA. Each ELD model will have a unique registration number that can be found on its display or printout. A list of registered devices will be available on the ELD rule on its effective date of Feb. 16, 2016.

Yes, a portable ELD must be mounted (secured in a fixed position) while the driver is operating the vehicle. It must also be visible to the driver from a normal driving position.

Yes, as long as it meets the technical specifications and is certified and registered with FMCSA.

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 HOS regulations.

No, the rule does not include requirements to control the vehicle or any other safety systems.

During on-duty driving, location is accurate within an approximate 1-mile radius. During off-duty personal use, reporting is accurate within an approximate 10-mile radius. ELDs record the location city, town or village—or the compass direction and distance to the nearest city, town or village.

In order to be compliant, an ELD must be able to directly monitor the vehicle’s engine operation to automatically capture engine power status (on or off), vehicle motion, miles driven and engine hours.

No, the ELD must be able to monitor engine operation to automatically capture required data. A 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.

Engine hours provide a cross-check to verify the odometer data collected.

Yes, the ELD rule allows, but does not require, warning or notification to drivers when they are nearing their HOS limits.

Manufacturers are responsible for certifying and registering their ELDs.

An ELD that is not certified and not registered is not compliant with the requirements of the ELD final rule. Carriers and drivers should ensure that any ELD is on the list of registered ELDs prior to procurement.

The ELD rule:

• Requires ELD use by commercial drivers who are required to prepare HOS records of duty status (RODS).
• Sets ELD performance and design standards, and requires ELDs to be certified and registered with FMCSA.
• Establishes what supporting documents drivers and carriers are required to keep.
• Prohibits harassment of drivers based on ELD data or connected technology (such as a fleet management system). The rule also provides recourse for drivers who believe they have been harassed.

No, real-time tracking of CMVs is not required in the ELD rule. Vehicle location is only recorded at certain intervals with limited accuracy. Yet, 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 or violate the Federal Motor Carrier Safety Regulations (FMCSRs). However, in transmitting data to safety officials, ELDs must limit location information to protect driver privacy.

The ELD rule applies to motor carriers and drivers who are currently required to keep RODS on paper or with an AOBRD under the HOS regulations.

Drivers who use the timecard exception, and don’t keep paper RODS, will not be required to use ELDs. The following drivers may keep paper RODS:

• Drivers who keep RODS no more than eight days during any 30-day period;
• Driveaway-towaway drivers (transporting a vehicle for sale, lease, or repair), provided the vehicle driven is part of the shipment; and
• Drivers of vehicles manufactured before model year 2000.

However, a carrier can choose to use an ELD, even if it is not required.

Yes, passenger carriers must also use ELDs when required by the rule.

Yes, Canada- and Mexico-domiciled drivers are required to use ELDs when they are operating in the United States, unless they qualify for one of the exceptions to the ELD rule. A driver who operates in more than one country can note information in the ELD for periods of operation outside the United States.

Drivers who are not required to keep RODS are not required to use ELDs. In addition, the following drivers are not required to use ELDs, but must maintain paper logs when required:

• Drivers who keep RODS no more than eight days during any 30-day period;
• Driveaway-towaway drivers (transporting an empty vehicle for sale, lease or repair), provided that the vehicle driven is part of the shipment; and
• Drivers of vehicles manufactured before model year 2000.

An exception was made to provide relief for those drivers who use RODS infrequently (that is, no more than eight days in any 30-day period). This includes those who only occasionally drive commercial vehicles and short-haul drivers who use timecards rather than RODS.

Yes. A motor carrier can configure an ELD to show an exception for a driver who is exempt from using an ELD. The carrier can also use the ELD notes (annotation) capability to record the driver’s exempt status.

Manufacturers can begin certifying and registering ELDs 60 days after the publication date of the rule (the effective date). Carriers or drivers can use registered ELDs as soon as they are available.

All motor carriers and drivers subject to the ELD rule must use either an ELD or an AOBRD by the compliance date (two years from the publication date of the final ELD rule). Within four years after the publication date, all carriers and drivers subject to the rule must use only ELDs.

Harassment is action taken by a motor carrier that the carrier knew (or should have known) would result in a driver violating the HOS rules or a situation where the driver is operating while ill or fatigued. The carrier’s action must be based on information from an ELD or other technology used in combination with an ELD. FMCSA explicitly prohibits a motor carrier from harassing a driver [49 CFR 390.36].

The ELD rule prevents the use of ELDs to harass drivers in several ways:

• It specifically prohibits carriers from harassing drivers.
• It provides a process for drivers to file written complaints [49 CFR 368.12(b)].
• It mandates a mute function to ensure a driver is not interrupted in the sleeper berth.
• It includes anti-tampering provisions:
  • Limited ability to edit ELD records for both drivers and motor carriers.
  • Driver certification to indicate the accuracy of data when a carrier edits an ELD record (with drivers having the option not to certify, if an edit is inaccurate).
  • Preservation of original ELD records, even when edited.

An underlying violation of the HOS rules must be found in order to find a harassment violation. A carrier who harasses a driver is subject to a civil penalty for harassment in addition to the penalty for the HOS violation [49 CFR 392.3 or part 395].

The ELD rule prevents the use of ELDs to harass drivers in several ways:

• It specifically prohibits carriers from harassing drivers.
• It provides a process for drivers to file written complaints [49 CFR 368.12(b)].
• It mandates a mute function to ensure a driver is not interrupted in the sleeper berth.
• It includes anti-tampering provisions:
  • Limited ability to edit ELD records for both drivers and motor carriers.
  • Driver certification to indicate the accuracy of data when a carrier edits an ELD record (with drivers having the option not to certify, if an edit is inaccurate).
  • Preservation of original ELD records, even when edited.

An underlying violation of the HOS rules must be found in order to find a harassment violation. A carrier who harasses a driver is subject to a civil penalty for harassment in addition to the penalty for the HOS violation [49 CFR 392.3 or part 395].

States can impose requirements that are stricter than the federal standard, unless the Secretary of Transportation determines that:

• The state law has no safety benefit;
• The state law is incompatible with the federal regulation; or
• The state law would impose an unreasonable burden on interstate commerce.

State laws or regulation that are less strict than the federal regulation cannot be enforced.

Use of ELDs is voluntary until the compliance date (two years from the publication of the final ELD rule). During this two-year period, drivers and carriers can use any of the following:

• Registered ELDs listed on the FMCSA website.
• AOBRDs that meet the requirements of 49 CFR 395.15.
• Devices with logging software programs to complete RODS that meet the July 10, 2014, “Regulatory Guidance Concerning RODS Generated by Logging Software Programs” (79 Federal Register 39342).
• Paper logs.

Authorized safety officials must distinguish the methods and devices being used and cite the appropriate regulations and guidance for enforcement purposes.

Carriers who installed compliant AOBRDs prior to the ELD compliance date can continue to use them for two years following the compliance date.

During this time, safety officials will enforce the requirements of the ELD rule for ELDs, and the requirements in 49 CFR 395.15 for AOBRDs. The supporting document requirements for drivers and carriers using either device will take effect on the compliance date for the ELD rule (two years after final rule publication).

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Safety officials will be able to select at least one wireless transfer method (web services or email) and one local transfer method (thumb drive, USB2.0 or Bluetooth) for each type of ELD.

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