• Falsification of electronic logs definitely can occur, but carriers have multiple remedies that can be applied to counteract the most common methods of cheating.
• Unless requesting an extension from the FMCSA, a motor carrier must fix or replace a faulty ELD within 8 days.

There’s a common belief that drivers cannot falsify their electronic logs. While it’s certainly harder to cheat on an electronic logging device (ELD) than a paper log, drivers can falsify electronic logs. The good news is that carriers can easily find falsification. Here are some of the most common ELD falsification methods, and how they can be found during in-house auditing:

Method: Logging out and continuing to drive, or not logging in to “save” hours for later in the day.

Solution: Review the unassigned driving time. When unassigned driving time is added to a driver’s day and the driver is over hours, the log was likely falsified.

Method: Misusing a special driving category (i.e., personal use or yard move).

Solution: Review all uses of the special driving categories. If a driver indicates personal use but was on a company assignment or working at the time, there’s a problem. If the driver’s record shows yard use but the location records show the driver at a location other than a yard or moving down the road, the use was inappropriate. In either case, the result was a false log.

Method: Editing to “create” more hours.

Solution: Look for a specific pattern in the edits. For example, a driver (or supervisor) might go back to previous days and change correctly logged on-duty time to off-duty time. If that was done when the driver was close to a limit and continued to drive after the edit, that driver may have falsified the log.

Method: Logging on-duty activities as off duty.

Solution: Look for a pattern of logs with little or no on-duty time. Then compare known on-duty activities (inspections, fueling, loading, etc.) and supporting documents (receipts, bills of lading, roadside inspection reports, etc.) with the logs. If a driver logged off duty when that driver was actually on duty, that’s falsification.

Method: Using another driver’s login.

Solution: Look for driving time from any driver who was off for the day (or who was fired or quit). This should be obvious in the system. In many cases, the record will show that the driver was operating a vehicle that that individual normally doesn’t drive.

The key here is to be looking. If a carrier is not auditing an electronic logging system and actively looking for these issues, that carrier may have a problem and not even know it. Many drivers know these techniques, and if drivers are not stopped from using them they will continue to do so until their employer is audited or investigated. Keep in mind: investigators and auditors know these falsification techniques — and how to spot them.

If a carrier is using ELDs and is audited, the investigator will ask that carrier to transfer the logs to the investigator. As well as checking for missing information and compliance with the limits (this is a semi-automated process for ELDs), the investigator will also look into:

• The carrier’s unassigned driver account, to verify the carrier is dealing with unassigned driving time correctly;
• The carrier’s edited logs, to verify that drivers are not creating false logs through editing; and
• The use of special driving categories (personal use and yard moves), to ensure they are being used properly.

To verify the accuracy of ELD records, the auditor will ask for supporting documents that a carrier is known to have, such as trip and dispatch records, payroll records, and expense receipts (see 49 CFR 395.11). Using these documents, the investigator will check that on-duty time was logged correctly and that the log reflects the time and location on the supporting document.

Malfunction procedures

A motor carrier must repair or replace a malfunctioning ELD within 8 days unless an extension is requested. If an extension is to be requested, it must be submitted to the local Federal Motor Carrier Safety Administration (FMCSA) office within 5 days of the malfunction. The process is detailed in the regulations in 395.34.