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Question 1: What must a driver do with unassigned driving time when he or she logs into the electronic logging device (ELD)?
Guidance: Under 49 CFR 395.32(b), when prompted by the ELD, a driver must review any unassigned driving time when he or she logs into the ELD. If the unassigned records do not belong to the driver, the driver must indicate that in the ELD record. If driving time logged under this unassigned account belongs to the driver, the driver must add that driving time to his or her own record.
Question 2: If the driver rejects unidentified driving, should that be displayed on the electronic logging device (ELD) for the roadside inspection view and output file view?
Guidance: The rejected unidentified driving events must remain available for review at roadside for 8 days and should be included in the output file.
Question 3: Can electronic logging device (ELD) events remain unassigned after a trip is assigned to a driver?
Guidance: Yes. Once the unassigned driving time has been reviewed and only certain records were attributable to and assumed by a driver, in accordance with 49 CFR 395.32, it is expected that some events will remain associated with the unidentified driving profile. These event types include intermediate logs, power-up/shut-down, and malfunction/diagnostic, which cannot be edited.
Question 4: Are unassigned driving reports required to be available at roadside?
Guidance: Yes. Section 4.8.1.3 of 49 CFR part 395, subpart B, Appendix A requires the inspected driver’s profile and the Unidentified Driver profile to be available as separate reports at roadside either by printout or display. If there are no unidentified driver records existing on the electronic logging device (ELD) for the current 24-hour period or for any of the previous 7 consecutive days, an ELD does not need to print or display unidentified driver records for the authorized safety official. Otherwise, both reports must be printed or displayed and provided to the authorized safety official.
Question 5: What must a motor carrier do with unassigned driving records from an electronic logging device (ELD)?
Guidance: Under 49 CFR 395.32(c), a motor carrier must either annotate the record and explain why the time is unassigned or assign the time to the appropriate driver. The motor carrier must retain unidentified driving records for at least 6 months from the date of receipt as a part of its hours of service ELD records and make them available to authorized safety officials.