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(a) Tracking non-authenticated operation. The ELD must associate the non-authenticated operation of a commercial motor vehicle with a single account labeled “Unidentified Driver” as soon as the vehicle is in motion, if no driver has logged into the ELD.
(b) Driver. When a driver logs into an ELD, the driver must review any unassigned driving time when prompted by the ELD and must:
(1) Assume any records that belong to the driver under the driver’s account; or
(2) Indicate that the records are not attributable to the driver.
(c) Motor carrier. (1) A motor carrier must ensure that records of unidentified driving are reviewed and must:
(i) Annotate the record, explaining why the time is unassigned; or
(ii) Assign the record to the appropriate driver to correctly reflect the driver’s hours of service.
(2) A motor carrier must retain unidentified driving records for each ELD for a minimum of 6 months from the date of receipt.
(3) During a safety inspection, audit or investigation by an authorized safety official, a motor carrier must make available unidentified driving records from the ELD corresponding to the time period for which ELD records are required.
[80 FR 78387, Dec. 16, 2015]