§395.30 ELD record submissions, edits, annotations, and data retention.

Question 1: What is the difference between an “edit” and an “annotation”?

Guidance: An edit is a change to an electronic logging device (ELD) record that does not overwrite the original record, while an annotation is a note related to a record, update, or edit that a driver or an authorized support personnel may input to the ELD. Section 49 CFR 395.30(c)(2) requires that all edits, whether made by a driver or the motor carrier, be annotated to document the reason for the change. For example, an edit showing time being switched from “Off-Duty” to “On-Duty Not Driving” could be annotated by the carrier to note, “Driver logged training time incorrectly as off-duty.” This edit and annotation would then be sent to the driver for approval in accordance with § 395.30.

Question 2: Can a driver annotate the electronic logging device (ELD) record?

Guidance: Yes. A driver can use annotations to indicate the beginning and end of a period of authorized personal commercial vehicle use, or yard moves, as well as other special driving categories, such as adverse driving conditions (49 CFR 395.1(b)) or oilfield operations (§ 395.1(d)). Additionally, under §395.30(c)(2), drivers or support personnel are required to annotate every change or addition to an ELD record.

Question 3: Who is responsible for the accuracy of records of duty status in regards to the editing and certification rights of drivers and motor carriers?

Guidance: Although the ELD reflects the driver’s RODS, the driver and carrier share responsibility for the accuracy of the records. The driver certification is intended, in part, to protect drivers from unilateral changes. However, if the driver is unavailable or unwilling to recertify the record, the carrier’s proposed edit and annotation would remain part of the record.

Question 4: Are the original electronic logging device (ELD) records retained after edits are made, and accessible to drivers?

Guidance: Yes. In accordance with 49 CFR 395.30(f), the original ELD records are retained even when allowed edits and annotations are made. If the driver cannot independently access the records from the ELD, the motor carrier must provide access on request. However, the right to access is limited to a six-month period, consistent with the period during which a motor carrier must retain drivers’ records of duty status (RODS).

Question 5: Can a user edit or change automatically recorded driving time that has been recorded by an electronic logging device (ELD) to non-driving time?

Guidance: Under sections 4.3.2.8.2(b) of 49 CFR part 395, subpart B, Appendix A, automatically recorded drive time when the commercial motor vehicle (CMV) is in motion cannot be edited or changed to non-driving time. Edits to automatically recorded driving time are acceptable in the following instances:

1) For team drivers, a driver may edit and reassign driving time records erroneously recorded to their account (see section 4.3.2.8.2(b)(2) of Appendix A). The drivers must have indicated each other as co-drivers in their record of duty status (RODS). Each co-driver must confirm the change for the edit to take effect.

2) A driver may edit or correct driving time erroneously recorded due to failing to change his or her duty status before powering off the CMV, but only if the driving time was recorded by the ELD while the vehicle was powered off and the vehicle was not in motion during the period that is being edited or corrected. The driver edit limitation found in section 4.3.2.8.2(b) prohibits the editing of automatically recorded driving time. The intent of the specification that requires automatic recording of driving time is to ensure all movement of the CMV is captured. A CMV cannot be driven while powered off. The driving time following the power off cycle of a CMV not in motion, is not recorded to the specifications required by 4.3.1.2 and 4.4.1.1 and therefore may be edited to the correct duty status.

3) Driving time assumed from the unidentified driver profile in error may be returned to the unidentified driver profile so that it can be assumed by the correct driver (see section 4.2.3.8.2(b)(1) of Appendix A).

4) Drivers may assume a subset of driving time from the unidentified driver profile. The amount of automatically recorded drive time may not change, but can be split between the driver and the unidentified driver profile so that the remaining time can be assumed by the correct driver.

5) Drivers may not assume driving time from the unidentified driving profile and convert it to Off-Duty (PC) or On-Duty Not Driving (YM). Per 395.28, drivers must select the applicable special driving category (YM or PC) before the start of that status and then deselect that category when the indicated status ends. Selection and deselection of the special driving category must be indicated at the time the status changes and cannot be added later. If the status that should have been in effect is either PC or YM, and the driver had not already selected the appropriate driving category, then the unidentified driving time should be annotated because enforcement personnel consider annotations and GPS coordinates to determine if a violation is present.

Question 6: Are drivers allowed to edit their records of duty status (RODS) using the electronic logging device (ELD) back office support systems once they leave the commercial motor vehicle (CMV)?

Guidance: Yes. Drivers may edit their RODS using ELD back office support systems. While these edits or corrections are allowed to ensure an accurate record of the driver’s duty status, under 49 CFR 395.30(f) and the technical specifications in 49 CFR part 395, subpart B, Appendix A, the electronic record must retain what was originally recorded, as well as the date, time, and identity of the individual entering the corrections or edits.

Question 7: When a motor carrier discovers a driver in a team driving operation failed to log in and his or her activities were assigned to the co-driver, can the motor carrier reassign the generated data?

Guidance: Under 49 CFR 395.30(c)(3), the driver account associated with the driving time records may be edited and reassigned between the team drivers, if there was a mistake resulting in a mismatch between the actual driver and the driver recorded by the ELD, and if both team drivers were indicated in one another’s records as a co-driver. Each co-driver must confirm the change for the corrective action to take effect.

Question 8: When should a driver certify his or her record of duty status (RODS) on the electronic logging device (ELD) to avoid malfunction codes?

Guidance: FMCSA recommends that drivers first certify their RODS before logging off the ELD and shutting down the commercial motor vehicle’s (CMV) engines. If drivers don’t follow this recommendation, malfunction codes may occur, such as indicating unaccounted odometer changes and suspicious driving activity.

Question 9: Does the ELD rule require that the driver have editing capabilities?

Guidance: Yes, the ELD must allow the driver to review, edit, and annotate their ELD records to account for errors and omissions, as specified in Section 4.3.2.8 of 49 CFR part 395, subpart B, Appendix A.

Question 10: Who can edit an electronic logging device (ELD) record?

Guidance: Both a driver and authorized carrier staff can make limited edits to an ELD record to correct mistakes or add missing information. However, under 49 CFR 395.30(d)(2), authorized carrier staff cannot request edits before the records have been submitted by the driver. Further, under 49 CFR 395.30(d)(1), authorized carrier staff may only request edits. The driver must then confirm or reject the proposed change and recertify and resubmit the record. If the driver chooses not to re-certify his or her RODs, this is also reflected in the ELD record. For example, a carrier may request to edit a record to switch a period of time from “off-duty” to “on-duty not driving”, with an annotation that explains “Driver logged training time incorrectly as off-duty”. The edit and annotation are sent to the driver to verify. The edit is not accepted until the driver confirms it and resubmits the RODS.

In accordance with 49 CFR 395.30(c)(2), all edits must include a note (annotation) to explain the reason for the edit.

Further, under 49 CFR 395.30(f), the ELD must keep the original, unedited record, along with the edits.

Question 11: May a motor carrier propose edits to a driver’s uncertified record of duty status (RODS)?

Guidance: No. Per 49 CFR 395.30(d), a motor carrier may not request edits to a driver’s RODS before they have been certified and submitted by the driver. A motor carrier may request edits to a driver’s RODS upon review of the driver’s submitted records. A driver must confirm or reject any proposed change, implement the appropriate edits on the driver's record of duty status, and recertify and resubmit the records in order for any motor carrier-proposed changes to take effect.

Question 12: If a driver makes an error, can that record be deleted?

Guidance: Deleting records is not permitted. To correct errors, drivers must be able to edit, enter missing information into, and annotate the electronic logging device (ELD) records. The original record must be retained and receive an inactive status.

Question 13: Can a carrier make edits to a driver’s record of duty status (RODS)?

Guidance: The Electronic Logging Device (ELD) rule allows for carriers, using the support personnel account, to propose changes to a driver’s ELD data. To protect the driver’s logs from manipulation, edits requested by anyone or any system other than the driver must require the driver’s electronic confirmation or rejection.

Question 14: When a driver makes an edit, should the original record be visible in the print or display option?

Guidance: There should be an annotation on the new record indicating the edit occurred and the old record must be retained, accessible, and included in electronic logging device (ELD) outputs.

Question 15: Can a driver edit their ELD data after leaving the vehicle?

Guidance: While not required, the motor carrier can include an ELD support system that allows drivers to make edits to ELD data when away from the ELD.

Question 16: What electronic logging device (ELD)-recorded data may not be edited?

Guidance: Edits which reduce the total amount of driving time automatically recorded by the ELD are not allowed. Unidentified driving time may be transferred to a driver and driving time may be transferred between drivers in a team driving scenario but driving time may not otherwise be re-assigned and may never be cumulatively changed. Per 49 CFR 395.30(f), the ELD must keep the original, unedited record, along with the edits. See sections 4.3.2.8.2 of 49 CFR part 395, subpart B, Appendix A for more information on editing limitations.

Events of type 2 (intermediate log), 5 (login/logout), 6 (CMV power-up/shut-down) or 7 (malfunction/diagnostic) may not be edited in any way. This includes assumption of logs from the unidentified driving profile. If unidentified driving time gets assumed by a driver, the automatically generated change in duty status events would be associated with the driver, but any intermediate logs would not. Since the ELD rule does not allow for intermediate events assumed by the driver to be made inactive, the ELD provider may program the ELD to annotate the events with “assumed by driver [name of driver]”.