Electronic logging devices · 49 CFR 395 subpart B

ELD rules: who needs one, what to carry, what to do when it fails

An ELD records hours of service automatically, but the carrier is still responsible for the device, the records behind it and what happens when it breaks. Here is what the rules require, in the order inspectors and auditors ask for it.

Who needs an ELD

Every driver who has to keep a record of duty status uses an ELD, unless one of these exceptions applies. The device must be on FMCSA's list of registered ELDs. §395.8(a)(1)(i), §395.22(a)

ExceptionRule
Logs on 8 days or fewer
A driver who needs a record of duty status on no more than 8 days in any 30-day period may use paper logs.
§395.8(a)(1)(ii)(A)(1)
Driveaway-towaway
The vehicle being driven is part of the shipment, or the vehicle being towed is a motor home or RV trailer.
§395.8(a)(1)(ii)(A)(2)–(3)
Pre-2000 engines
Vehicles manufactured before model year 2000, as shown by the VIN on the registration.
§395.8(a)(1)(ii)(A)(4)
Short haul
Drivers within 150 air miles who are released within 14 hours keep no log at all — the carrier keeps time records instead.
§395.1(e)(1)

What must be in the cab

  • Data transfer sheet: how to send the driver's records to an officer at the roadside.
  • Malfunction sheet: what the driver does when the ELD fails.
  • Blank paper logs: graph-grids for at least 8 days.

Missing any of the three is a roadside violation even when the logs themselves are perfect. §395.22(h)

When the ELD fails

  • Driver: note the malfunction and give the carrier written notice within 24 hours. §395.34(a)(1)
  • Driver: rebuild the current 24 hours and the previous 7 days on paper, unless the records can still be pulled from the device, and keep paper logs until the ELD is fixed. At an inspection, hand over the paper logs. §395.34(a)(2)–(3), (b)
  • Carrier: repair or replace the device within 8 days of learning about the problem. Need longer? Ask the FMCSA Division Administrator in your home state within 5 days of the driver's notice. §395.34(d)

Revoked devices

FMCSA removes ELDs from the registered list when they stop meeting the technical standard, and publishes a deadline to replace them; after that date, a driver using one is treated as having no ELD. Check your device on FMCSA's list of registered and revoked ELDs whenever you add a truck or a vendor changes its software. §395.22(a)

Records the carrier keeps

  • ELD records and supporting documents: 6 months, with a backup copy on a separate device. §395.8(k), §395.22(i)
  • Personal conveyance and yard moves are special driving categories the carrier switches on in the ELD — when each one applies. §395.28
  • Unidentified driving: time driven with nobody logged in must be reviewed, then assigned to the right driver or annotated with a reason. Keep these records 6 months too. §395.32
  • Certification: the driver reviews, corrects and certifies each 24-hour record, and recertifies after any later edit. Every edit carries an annotation. §395.30

Supporting documents

Drivers turn in supporting documents within 13 days. For each driver and each 24-hour period the carrier keeps up to 8 of them from these categories: §395.11

  • Bills of lading, itineraries, schedules — anything showing a trip's origin and destination
  • Dispatch and trip records
  • Expense receipts — fuel, tolls, scales — anything tied to on-duty time
  • Fleet management messages — electronic communications sent through the fleet system
  • Payroll and settlement sheets — anything showing payment to the driver

Each one needs the driver (or truck number), date, location and, where available, time. Auditors line these up against the ELD to find false logs, which is why fuel receipts double as IFTA records.

Logs checked before an auditor does

We review ELD records against fuel receipts and dispatch, clear unidentified driving, and keep six months of records on file. Start with a free review.

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Sources: 49 CFR 395.1, 395.8, 395.11, 395.22, 395.30, 395.32, 395.34 (eCFR, current as of October 2026). Federal rules for interstate carriers. General information, not legal advice. IFTAX is not affiliated with FMCSA or any government agency.