Home / Resources / FMCSA Regulations / Electronic Logging Devices
FMCSA Regulations
Electronic Logging Devices (ELDs): The Federal Rules and How ELD Data Is Used After a Truck Crash
Quick Answer
Under 49 CFR 395.8 and subpart B of part 395, most interstate carriers must record driver hours on a registered ELD synchronized with the engine, keep the records 6 months, and never alter or tamper with them.
- Required since December 18, 2017 (49 CFR 395.8(a)(1)(i)): carriers must install ELDs and require their drivers to use them, using only devices on FMCSA's registered list (49 CFR 395.22(a)).
- It records automatically (49 CFR 395.26): date, time, location, engine hours, vehicle miles, and driver, vehicle, and carrier identification, at every duty-status change and at least hourly while the truck moves.
- Edits never erase the original: drivers must annotate edits, carrier edits need the driver's confirmation, and the original data must be kept (49 CFR 395.30; appendix A).
- Limited exceptions: paper logs are still allowed for drivers who log no more than 8 days in 30, certain driveaway-towaway moves, and pre-2000 vehicles; qualifying short-haul drivers keep no logs at all.
- Records disappear after 6 months: carriers must keep ELD records, a backup copy, and unidentified-driving records for at least 6 months (49 CFR 395.8(k), 395.22(i), 395.32(c)), so acting quickly matters.
Before electronic logging devices, many truck drivers tracked their hours on paper logbooks. Those logs were easily falsified, by dishonest drivers or by drivers whose employers pressured them to. The federal ELD rule changed that by requiring most carriers to record driving time automatically from the truck’s engine.
Our glossary entry on electronic logging devices gives the short definition. This page explains the rule itself: what the device must record, what carriers and drivers must do, how edits and malfunctions are handled, and how we use ELD data to investigate a crash. The ELD enforces the hours-of-service limits, and our FMCSA regulations overview covers the other federal safety rules.
We reviewed every rule on this page against the current text of the Electronic Code of Federal Regulations (eCFR). This is general information, not legal advice, and every case depends on its own facts.
The rule at a glance
| Requirement | 49 CFR citation | Summary |
|---|---|---|
| ELD required | 395.8(a)(1)(i) | Carriers must install and require drivers to use an ELD, no later than Dec. 18, 2017 |
| Paper-log exceptions | 395.8(a)(1)(ii) | No more than 8 days of logs in any 30 days; certain driveaway-towaway; vehicles built before model year 2000 |
| Short-haul exemption | 395.1(e)(1) | Qualifying drivers within 150 air miles need no record of duty status |
| Registered device only | 395.22(a) | Only ELDs on FMCSA’s registered list |
| Carrier duties | 395.22 | Manage accounts, calibrate the device, keep a 6-month backup, carry an in-vehicle information packet |
| Driver duties | 395.24 | Enter duty status and required information; produce records on request |
| Data recorded automatically | 395.26 | Date, time, location, engine hours, miles, and driver, vehicle, and carrier IDs |
| Personal use and yard moves | 395.28 | Special categories the carrier may allow; must be selected and annotated |
| Edits and certification | 395.30 | Driver certifies each day; edits annotated; carrier may not coerce false certification or erase originals |
| Unidentified driving | 395.32 | Driving with no one logged in must be reviewed and assigned or explained; kept 6 months |
| Malfunctions | 395.34 | Driver gives written notice within 24 hours and keeps paper logs; carrier corrects within 8 days |
| No tampering or false reports | 395.8(e) | No false reports; no disabling, jamming, or reprogramming the ELD |
| Retention | 395.8(k) | Records of duty status and supporting documents kept at least 6 months |
| Technical standards | Part 395, subpart B, appendix A | Engine synchronization, automatic driving status, edit history, roadside data transfer |
What the rule requires
Who must use an ELD. Under 49 CFR 395.8(a)(1)(i), a motor carrier must install and require each of its drivers to use an ELD to record duty status. A carrier may allow paper logs only for drivers who need a record of duty status on no more than 8 days in any 30-day period, for certain driveaway-towaway operations, or for vehicles manufactured before model year 2000. Drivers who qualify for the 150 air-mile short-haul exception do not keep a record of duty status at all, although their employer must keep time records (49 CFR 395.1(e)(1)). The current rule contains no exemption based on the size of the trucking company.
What the device must do. An ELD must be “integrally synchronized with the engine,” capturing engine power status, motion, miles, and engine hours (appendix A, section 4.2). It must switch the driver’s status to driving automatically once the truck moves, and the speed threshold for that cannot be set above 5 miles per hour (sections 4.3.1.2 and 4.4.1.1). At each duty-status change, and at least once an hour while the truck is moving, it records the date, time, location, engine hours, vehicle miles, and driver, vehicle, and carrier identification (49 CFR 395.26). It also records each engine power-up and shutdown and each log-in and log-out.
Carrier responsibilities (49 CFR 395.22). The carrier must use a registered device, create accurate accounts tied to each driver’s valid license, require proper log-in, calibrate and maintain the device, and keep a backup copy of ELD records for 6 months on a separate device. Each truck must carry an information packet with data-transfer instructions, malfunction instructions, and at least 8 days of blank paper logs.
Driver responsibilities (49 CFR 395.24 and 395.30). The driver must enter the correct duty status (off duty, sleeper berth, driving, or on-duty not driving), review and certify each day’s records, and produce them on request during an inspection. On demand at roadside, the ELD must produce the current 24-hour period and the previous 7 days (appendix A, section 4.9.1).
Edits. Drivers may correct mistakes, but every edit must be annotated, and an edit “must not overwrite the original record” (appendix A, section 4.3.2.8.1). A carrier may propose edits only after the driver submits the records, and any change requested by someone other than the driver needs the driver’s electronic confirmation (49 CFR 395.30(d)). A carrier may not coerce a driver into a false certification, and may not alter or erase the original hours-of-service data or its source data streams (49 CFR 395.30(e)–(f)).
Special categories. A carrier may let drivers mark time as “authorized personal use” or “yard moves” (49 CFR 395.28). Those statuses must be selected before they begin and annotated when the ELD prompts.
Unidentified driving and malfunctions. If the truck moves with no driver logged in, the ELD logs the time under “Unidentified Driver.” The carrier must review it and either assign it to the right driver or explain it, and keep those records at least 6 months (49 CFR 395.32). If an ELD malfunctions, the driver must give the carrier written notice within 24 hours, reconstruct the past 7 days on paper if needed, and keep paper logs until it is fixed. The carrier must correct the malfunction within 8 days unless FMCSA grants more time (49 CFR 395.34).
Why it matters after a crash
ELD data is often the clearest record of how long a driver had been working before a crash. It can show whether the driver went past the 11-hour or 14-hour limit, skipped a required break, or never took the required time off. Because the device also records engine and vehicle data, it can point investigators toward other issues, such as possible maintenance problems.
That evidence may not last. Carriers only have to keep ELD records and supporting documents for 6 months (49 CFR 395.8(k)), and trucking companies, which are often held responsible alongside their drivers, are unlikely to hand this data over voluntarily. A lawyer can send a preservation letter early and request the data in discovery.
Common violations
- Tampering with the device: disabling, unplugging, jamming, or reprogramming it so it does not record accurately (49 CFR 395.8(e)).
- Driving under another driver's log-in, or with no one logged in, so the hours land on the "Unidentified Driver" account and are never assigned.
- Logging driving time as personal use or yard moves to hide it.
- Edits that move driving time to off duty without a real reason, or a carrier pressuring a driver to certify false records (49 CFR 395.30(e)).
- Using a paper-log exception or short-haul exemption the driver does not qualify for.
- Running for days on an "ELD malfunction" without keeping paper logs or getting the device repaired (49 CFR 395.34).
- Using a device that is not on FMCSA's registered list (49 CFR 395.22(a)).
- Failing to keep the records, the backup copy, or the supporting documents for the required 6 months.
How violations are proven
The ELD output file.
The ELD record includes each event with its time, location, engine hours, and miles. Because edits cannot overwrite originals, the edit history and annotations can show what was changed, when, and by whom.
Unidentified driving and malfunction records.
An ELD must flag a data diagnostic event when more than 30 minutes of driving in a 24-hour period shows as unidentified, and an engine-synchronization malfunction when it loses its engine connection for more than 30 minutes in a 24-hour period (appendix A, sections 4.6.1.6 and 4.6.1.2). Those flags can reveal gaps.
Supporting documents.
Carriers must keep bills of lading, dispatch and trip records, expense receipts, fleet-management messages, and payroll records (49 CFR 395.11). We compare them with the ELD data.
Independent data.
GPS and telematics data, the truck’s event data recorder, fuel and food receipts, toll records, and phone records can confirm or contradict the log. Our evidence checklist lists what to gather, and what to do after a truck accident explains the first steps.
If you were hurt in a truck crash, call Seattle Truck Law at (866) 580-4878 or contact us online for a free consultation. We can work to preserve ELD data before it is gone.
General information, not legal advice.
Frequently Asked Questions
No. Most interstate carriers must, under 49 CFR 395.8. Paper logs are still allowed for drivers who need a record of duty status on no more than 8 days in any 30-day period, certain driveaway-towaway operations, and vehicles built before model year 2000. Drivers who qualify for the 150 air-mile short-haul exception keep no log at all, although their employer must keep time records for 6 months under 49 CFR 395.1(e)(1).
Drivers may correct errors, but every edit must be annotated, and the ELD must keep the original record (49 CFR 395.30; appendix A). A carrier can propose edits, but they only take effect if the driver confirms them. Carriers may not coerce a false certification or erase the original data, and no one may tamper with the device (49 CFR 395.8(e)). The edit history itself can become evidence.
Under 49 CFR 395.8(k), carriers must keep records of duty status and supporting documents for at least 6 months from the date of receipt. They must also keep a backup copy of ELD records for 6 months (49 CFR 395.22(i)) and unidentified-driving records for at least 6 months (49 CFR 395.32). Because these windows are short, it helps to talk to a lawyer quickly so a preservation letter can go out.
Under 49 CFR 395.26, an ELD automatically records the date, time, the truck’s location, engine hours, vehicle miles, and driver, vehicle, and carrier identification. It captures this at every change of duty status, at least once an hour while the truck is moving, at engine power-up and shutdown, and at each log-in and log-out. It switches the driver to “driving” automatically once the truck is moving.
The driver had to notify the carrier in writing within 24 hours and keep paper logs until the device was fixed, and the carrier generally must correct the malfunction within 8 days (49 CFR 395.34). A malfunction does not erase the duty to keep accurate records. Missing paper logs, repeated malfunctions, or engine-synchronization flags can all be worth investigating.
Related Resources
Contact the Seattle Truck Law Team Today
If you’ve been injured in a trucking accident, contact Seattle Truck Law at (866) 580-4878 or fill out our online form for a free consultation. You pay no fees or expenses unless we recover compensation on your behalf. Don’t wait—the sooner you contact us, the sooner our attorneys can preserve evidence, investigate your claim, and start building your case.