Electronic Logging Devices (ELD) are the FMCSA-required devices that automatically record a commercial driver's driving time and duty status. The ELD rule in 49 CFR Part 395, Subpart B replaced paper logbooks for most drivers who must keep records of duty status, making hours-of-service violations harder to hide and protecting drivers and the public from fatigued driving.
For carriers, the rule is about more than buying a device. It sets duties for accounts, certification, edits, malfunctions and data retention, and auditors check all of them.
What Is the ELD Rule?
The ELD rule is codified in 49 CFR Part 395, Subpart B (sections 395.20 through 395.38), with detailed technical specifications in an appendix to the subpart. It works together with the record of duty status (RODS) requirement in 49 CFR 395.8(a), which says carriers subject to Part 395 must require drivers to record their duty status for each 24-hour period, and that carriers must install ELDs and require drivers to use them unless an exception applies.
A record of duty status (RODS) is the driver's log of time off duty, in the sleeper berth, driving, and on duty not driving. Supporting documents, covered in 49 CFR 395.11, are records such as bills of lading, dispatch records, expense receipts, fleet communication records and payroll records used to verify the logs.
The compliance date was December 18, 2017. Carriers that had installed automatic onboard recording devices (AOBRDs) before that date could keep using them until December 16, 2019, according to FMCSA's compliance phase summary. Since then, all covered carriers must use a registered ELD.
Who Must Comply?
The ELD rule applies to motor carriers and drivers who are required to keep RODS under 49 CFR 395.8(a). That generally includes drivers of property-carrying and passenger-carrying commercial motor vehicles in interstate commerce, including drivers domiciled in Canada and Mexico when operating in the United States. See the hours of service page for the underlying limits.
Exceptions
Under 49 CFR 395.8(a)(1)(ii)(A), a carrier may let a driver use paper logs or other manual methods instead of an ELD when the driver:
- Is required to keep RODS on not more than 8 days within any 30-day period
- Operates in a driveaway-towaway operation where the vehicle being driven is part of the shipment being delivered
- Operates in a driveaway-towaway operation where the vehicle being transported is a motor home or recreational vehicle trailer
- Drives a vehicle manufactured before model year 2000, as shown by the VIN on the vehicle registration
Drivers who qualify for a short-haul exception under 49 CFR 395.1(e) do not keep RODS at all, so they do not need an ELD on those days. The 150 air-mile exception requires the driver to stay within a 150 air-mile radius of the normal work reporting location and be released within 14 consecutive hours, and the carrier must keep time records for 6 months.
FMCSA has also granted a separate exemption for drivers of property-carrying vehicles rented for 8 days or less. That exemption was renewed effective October 12, 2022 for 5 years. Drivers covered by it must still follow the hours-of-service limits and keep paper RODS when required.
Many states apply the ELD rule to intrastate carriers, sometimes with their own exceptions.
Key Requirements
Use a registered device
Under 49 CFR 395.22(a), a carrier may only use an ELD listed on FMCSA's registered ELD list. Manufacturers self-certify their devices, and FMCSA can remove devices that do not meet the specifications. In recent revocation notices, FMCSA has given affected carriers up to 60 days to replace revoked devices, using paper logs or logging software in the meantime.
Account management and log-in
Under 395.22(b) through (e), the carrier creates and manages a unique account for each driver and support user. Driver accounts include the name as shown on the license, the license number and issuing state, and a username that may not contain the license or Social Security number.
Installation and in-vehicle documents
The ELD must be calibrated and maintained to the provider's specifications, and a portable ELD must be mounted in a fixed position, visible to the driver, while the vehicle is moving (395.22(f) and (g)). Under 395.22(h), the driver must have in the vehicle:
- An instruction sheet describing the ELD's data transfer methods and step-by-step instructions for transferring records to a safety official
- An instruction sheet on reporting malfunctions and keeping records during a malfunction
- A supply of blank RODS graph-grids for at least 8 days
A final rule effective July 22, 2026 removed the earlier requirement to keep a copy of the ELD user's manual in the vehicle. Drivers must still be able to operate the device and transfer records when a safety official asks, under 395.24(d).
Driver entries and certification
Drivers select their duty status, enter annotations and locations when prompted, and confirm power unit, trailer and shipping document numbers (395.24). Under 395.30(b), drivers must review their records, correct errors and certify each 24-hour record as accurate, then submit it to the carrier. Section 395.8(a)(2) requires submission within 13 days of the end of the 24-hour period.
Edits and coercion
Edits must be annotated. A carrier may propose edits only after the driver has submitted the record, and the driver must confirm or reject each proposed edit before it takes effect (395.30(d)). The original data cannot be erased or altered (395.30(f)), and carriers may not coerce a driver into falsely certifying records (395.30(e)).
Malfunctions
Under 49 CFR 395.34, when an ELD malfunctions the driver must note it and notify the carrier in writing within 24 hours, reconstruct RODS for the current 24-hour period and the previous 7 consecutive days unless they are retrievable from the ELD, and keep paper logs until the device is fixed. The carrier must repair or replace the ELD within 8 days of discovering the problem or receiving the driver's notice, whichever comes first. If it needs more time, it must ask the FMCSA Division Administrator for its state within 5 days of the driver's notice.
Record Retention Requirements
- RODS and supporting documents: kept for at least 6 months from the date of receipt (395.8(k)(1)).
- Backup copy: ELD records must be backed up for 6 months on a device separate from where the original data is stored (395.22(i)).
- Driver copies: drivers must be able to show records for the current day and the previous 7 consecutive days during an inspection (395.8(k)(2)).
- Supporting documents: carriers need not keep more than 8 per driver per 24-hour period, and all electronic mobile communication records for a period count as one document (395.11(d)). Drivers must submit supporting documents within 13 days (395.11(b)).
Common Violations and Penalties
- Using a device that is not on the registered list, or continuing to use a revoked device after the replacement deadline
- Letting drivers share log-ins or drive under another driver's account
- Failing to keep supporting documents or the 6-month backup copy
- Missing the 8-day repair window after a malfunction
- Claiming an exemption, such as the pre-2000 engine or 8-days-in-30 exception, without documentation
FMCSA's safety rating methodology treats failing to require RODS, false logs and failing to keep supporting documents as critical violations, and tampering with or disabling an ELD as an acute violation. Civil penalties are set in Appendix B to 49 CFR Part 386 and adjusted for inflation each year. Roadside violations also feed the Hours-of-Service Compliance category of the CSA program.
How to Comply: Step by Step
- Determine who is covered. List every driver and vehicle, and document any exception that applies, including vehicle model year evidence for pre-2000 engines.
- Select a registered ELD. Confirm the device is on FMCSA's registered list and recheck the list periodically for revocations.
- Set up accounts. Create a unique account for each driver and each support user with the required identification data.
- Stock each vehicle. Place the data transfer and malfunction instruction sheets and at least 8 days of blank graph-grids in every cab.
- Train drivers and staff. Cover duty status selection, annotations, certification, editing, data transfer at roadside, malfunctions and the prohibition on harassment and coercion.
- Set up malfunction and document routines. Track the 8-day repair deadline and collect supporting documents within 13 days.
- Audit logs regularly. Review unassigned driving time, edits and form-and-manner errors, and use findings to drive corrective actions.
- Retain and back up data. Keep records and the separate backup for 6 months.
How SMS360 Helps
The SMS360 DOT Compliance module gives fleets one place to manage the paperwork that surrounds ELD use. Teams can store exemption documentation, malfunction notices and log audit results, assign and track corrective actions, and keep driver training records with expiry reminders. Digital checklists keep log audits consistent, and dashboards show open items across locations. SMS360 complements your ELD provider rather than replacing the registered device itself.
Frequently Asked Questions
Who is exempt from the ELD mandate?
Drivers who keep RODS on no more than 8 days in any 30-day period, certain driveaway-towaway drivers, and drivers of vehicles manufactured before model year 2000 may use paper logs instead. Drivers using a short-haul exception do not keep RODS at all. A separate FMCSA exemption covers property-carrying vehicles rented for 8 days or less.
What happens if an ELD malfunctions?
The driver must notify the carrier in writing within 24 hours, reconstruct the logs for the current day and previous 7 days if they cannot be retrieved, and keep paper logs until the device is fixed. The carrier must repair or replace the ELD within 8 days unless FMCSA grants an extension.
How long must ELD records be kept?
Carriers must keep RODS and supporting documents for at least 6 months. They must also keep a backup copy of ELD records for 6 months on a device separate from the original data.
Can a carrier edit a driver's ELD logs?
A carrier may propose edits after the driver submits the record, but the driver must accept or reject each one before it takes effect. All edits must be annotated, and the original recorded data must be preserved. Carriers may not coerce drivers into certifying false records.
