Answer: The drivers need to be instructed on the basics of hours of service and how to use the special driving categories in the ELD.

First, moving a CMV in a yard is either driving time or on-duty time. This is covered in the definitions of on-duty time and driving found in 395.2. Driving time is defined as all time spent at the controls of a CMV in operation. The only decision is if the driving can be logged as on-duty time, rather than driving time. This is because there is an exception that allows drivers to log driving time as on-duty time if the driving is taking place in a yard that is closed off to the public by gates or signs. If the driver logs this time as off-duty time, or logs out of the ELD so the time will not be captured, the driver is creating a false log.

Second, a driver can only use personal conveyance if the driver is legitimately off duty during the movement, the driver is commuting to a purely personal destination, and there is no benefit to the company as a result of the movement. If a driver logs of an ELD and does a personal conveyance movement, the driver must attach a comment when going off duty before logging our and the company will have to attach a comment to the unassigned driving time explaining why the driver was not assigned the driving time.

Finally, an ELD must capture all driving at or above five miles per hours as driving time. There is no “minimum distance” that must be met or distance that can be excluded. If the vehicle operates at five miles per hour, the movement must be captured as driving time. The only exception allows the driving time to be captured in one of two special driving categories. The categories are:

• Yard movement/on-duty driving time — This can be used when the driver is operating in a yard that is closed off to the public by signs or gates, and
• Personal conveyance/off-duty driving time — This can be used when the driver is using the vehicle to commute to a purely personal destination while off duty.

In both cases, you must authorize the use of the special category and the driver must be logged into the device and select the special driving category before moving the vehicle. If the driver does not do this (does not log in or logs in and does not select a special category), the time will be captured as driving time. If the driver logs out and makes one of these movements, the driver will be creating unnecessary unassigned driving time.