Driver’s record of duty status

Scope

These requirements apply to drivers and motor carriers operating property-carrying and passenger-carrying commercial motor vehicles (CMVs) in interstate commerce.

Regulatory citations

• 49 CFR 395.8 — Driver’s record of duty status

Key definitions

• Commercial motor vehicle (CMV): A self-propelled or towed motor vehicle used on a highway, in interstate commerce, that meets any one of the following criteria:
  • Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW), of 10,001 pounds or more, whichever is greater; or
  • Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
  • Is designed or used to transport more than 15 passengers (including the driver), and not used to transport passengers for compensation; or
  • Is transporting hazardous materials of a type or quantity which requires placarding.
• Driver’s record of duty status (log or logbook): Daily record required to be completed by the driver of a commercial motor vehicle which shows driving, on-duty (not driving), sleeper-berth, and off-duty time.
• Electronic logging device (ELD): A device or technology that automatically records a driver’s driving time and facilitates the accurate recording of the driver’s hours of service. To be compliant, ELDs must meet extensive regulatory standards.
• Supporting document: A document generated or received in the normal course of business that may be used to verify a driver’s record of duty status. Supporting documents must be managed in compliance with 395.11.

Summary of requirements

A CMV driver’s record of duty status (known as a “log”) must appear in a specific format depending on whether it is created manually (on paper or using a digital device) or using an electronic logging device (ELD). When recorded manually, the form used must include a vertical or horizontal graph grid along with the following information:

• Date;
• Total miles driven today;
• Vehicle (truck/tractor, trailer, bus, etc.) number(s);
• Motor carrier’s name;
• 24-hour period starting time (selected by the driver’s home terminal);
• Driver’s signature/certification (added when the log is complete);
• Main office address;
• Remarks;
• Co-driver’s name (if applicable);
• Total hours spent in each duty status; and
• Shipping document number(s), or shipper name and commodity.

All entries must be legible and made by the driver, although certain entries may be pre-printed (such as motor carrier name and address). Throughout the day, the record must be kept current to the time shown for the last change of duty status. Making false entries on a log is considered a serious offense.

Drivers must submit the original record of duty status to their regularly-employing motor carrier within 13 days of completion. If drivers are used by more than one carrier during any 24-hour period, they must submit a copy of the record to each carrier.

Days off and vacation. Individuals who drive CMVs on a regular basis are expected to complete a log every day, even when they are off duty. A driver who is off duty for more than one consecutive day may use a single log to record the days off, by showing the range of dates and “off duty” on the graph grid.

Record retention. A motor carrier must keep its drivers’ records of duty status, along with all supporting documents, for six months from the date they are received. They may be kept at the principal place of business, a regional office, or the driver’s work-reporting location.

Drivers must carry a week’s worth of completed logs in the vehicle and make them available for inspection. Specifically, on any given day, a driver must have in their possession the in-progress log for that day plus completed logs from the prior seven consecutive days.

Log “books.” The regulations do not refer to log books, though logs are commonly sold in book format. Drivers must complete a single log per day, whether those logs are individual pages, bound into a book, or kept electronically.

ELDs. In general, drivers must use an ELD to record their duty status unless they are eligible for an exception. Such exceptions exist for (among others) drivers who:

• Are not required to complete a standard log on more than 8 days within any 30-day period;
• Are engaged in a driveaway-towaway operation where the vehicle being driven is part of the shipment being delivered or where the vehicle being transported is a motor home or recreation vehicle trailer; or
• Are operating a vehicle that was manufactured before model year 2000 (as reflected in the vehicle identification number (VIN) as shown on the vehicle’s registration).

Hawaii. Drivers in Hawaii are not required to keep a record of duty status as long as the motor carrier retains, for six months, records showing the total number of hours the driver is on duty each day and the time at which the driver reports for and is released from duty each day.