§395.8 Drivers record of duty status

Question 1: How should a change of duty status for a short period of time be shown on the driver’s record of duty status?

Guidance: Short periods of time (less than 15 minutes) may be identified by drawing a line from the appropriate on-duty (not driving) or driving line to the remarks section and entering the amount of time, such as “6 minutes,” and the geographic location of the duty status change.

Question 2: May a rubber stamp signature be used on a driver’s record of duty status?

Guidance: No, a driver’s record of duty status must bear the signature of the driver whose time is recorded thereon.

Question 3: May a driver use a computer, tablet, or smartphone (that is not an Automatic On-Board Recording Device) to create, electronically sign, and store the record of duty status (RODS)?

Guidance: Yes. A driver may make manual duty-status entries to a computer, tablet, or smartphone program that is used to generate the graph grid and entries for the record of duty status (RODS) or log book, provided the electronically-generated display (if any) and output includes the minimum information required by §395.8 and is formatted in accordance with that section. The driver must sign the RODS (manually or electronically) at the end of each 24-hour period to certify that all required entries are true and correct.

(A) If electronic signatures are not used:

• The driver must print and manually sign the RODS daily.
• The driver must have in his or her possession the printed and signed RODS for the prior seven consecutive days (if required on those days).
• The driver should be given an opportunity to print and manually sign the current day's RODS at the time of the inspection.

(B) If RODS have been electronically signed:

• At the time of an inspection of records by an enforcement official, the driver may display the current and prior seven days RODS to the official on the device’s screen.
• If the enforcement official requests printed copies of the RODS, the driver must be given an opportunity to print the current and prior seven days RODS (if required on those days) at the time of inspection.

Question 4: Are drivers who electronically scan a copy of their original record of duty status (RODS) for subsequent submission to the motor carrier required to prepare the RODS in duplicate?

Guidance: No. Although 49 CFR 395.8(a)(1) states, “Every driver who operates a commercial motor vehicle [in interstate commerce] shall record his/her duty status, in duplicate, for each 24-hour period,” the intent of the requirement may be fulfilled through the electronic submission of a scanned image of the original handwritten RODS to the regular employing motor carrier within 13 days following the completion of the form, while the driver retains the original records for the current day and the previous 7 consecutive days. Because existing regulations concerning the preservation of records (49 CFR 390.31) allow motor carriers to store electronically a scanned image of the original handwritten RODS submitted by drivers and essentially dispose of the original paper document, there is no adverse impact on the enforcement of the HOS regulations, and subsequently no compromise on the application of the safety requirement by allowing the driver to submit a scanned image of the original signed RODS to the regular employing motor carrier within 13 days of the completion of the record. Motor carriers must maintain the scanned image of the signed RODS and all supporting documents for each driver for a period of six months from the date of receipt (49 CFR 395.8(k)).

Question 5: Must drivers, alternating between interstate and intrastate commerce, record their intrastate driving time on their record of duty status?

Guidance: Yes, to account for all on-duty time for the prior 7 or 8 days preceding an interstate movement.

Question 6: How should multiple short stops in a town or city be recorded on a record of duty status?

Guidance: All stops made in any one city, town, village or municipality may be computed as one. In such cases the sum of all stops should be shown on a continuous line as on-duty (not driving).The aggregate driving time between such stops should be entered on the record of duty status immediately following the on-duty (not driving) entry. The name of the city, town, village, or municipality, followed by the State abbreviation where all the stops took place, must appear in the “remarks” section of the record of duty status.

Question 7: Is the Canadian bilingual or any other record of duty status form acceptable in the U.S.?

Guidance: Yes, provided the grid format and specific information required are included.

Question 8: May a motor carrier return a driver’s completed record of duty status to the driver for correction of inaccurate or incomplete entries?

Guidance: Yes, although for drivers not required to use an ELD, the regulations do not require a driver to submit “corrected” records of duty status. A driver may submit corrected records of duty status to the motor carrier at any time. For drivers not required to use an ELD, it is suggested the carrier mark the second submission “CORRECTED COPY” and staple it to the original submission for the required retention period. The procedures for motor-carrier-suggested edits to ELD driver records are in 49 CFR 395.30(d).

Question 9: May a duplicate copy of a record of duty status be submitted if an original was seized by an enforcement official?

Guidance: A driver must prepare a second original record of duty status to replace any page taken by an enforcement official. The driver should note that the first original had been taken by an enforcement official and the circumstances under which it was taken.

Question 10: Is a driver who works for a motor carrier on an occasional basis and who is regularly employed by a non-motor carrier entity required to submit either records of duty status or a signed statement regarding the hours of service for all on-duty time as “on-duty time” as defined by §395.2?

Guidance: Yes.

Question 11: May a driver who is not required to use an ELD use “white-out” liquid paper to correct a paper record of duty status entry?

Guidance: Any method of correction would be acceptable so long as it does not negate the obligation of the driver to certify by his or her signature that all entries were made by the driver and are true and correct.

Question 12: Are drivers required to draw continuous lines between the off-duty, sleeper berth, driving, and on-duty (not driving) lines on a record of duty status when changing their duty status?

Guidance: No. Under §395.8(h) the Federal Motor Carrier Safety Regulations (FMCSRs) require that continuous lines be drawn between the appropriate time markers within each duty status line, but they do not require that continuous lines be drawn between the appropriate duty status lines when drivers change their duty status.

Question 13: What documents satisfy the requirement to show a shipping document number on a record of duty status as found in §395.8(d)(11)?

Guidance: The following are some of the documents acceptable to satisfy the requirement:shipping manifests, invoices/freight bills, trip reports, charter orders, special order numbers, bus bills or any other document that identifies a particular movement of passengers or cargo.

In the event of multiple shipments, a single document will satisfy the requirement. If a driver is dispatched on a trip, which is subsequently completed, and then is dispatched on another trip on that calendar day, two shipping document numbers or two shippers and commodities must be shown in the remarks section of the record of duty status.

Question 14: If a driver from a foreign country only operates in the U.S. one day a week, is he required to keep a record of duty status for every day?

Guidance: A foreign driver, when in the U.S., must produce a current record of duty status, and sufficient documentation to account for his duty time for the previous 6 days.

Question 15: Are drivers required to include their total on-duty time for the previous 7 to 8 days (as applicable) on the driver’s record of duty status?

Guidance: No.

Question 16: Can military time be used on the grid portion of the driver’s record of duty status?

Guidance: Yes. The references to 9:00 A.M., 3:00 P.M., etc. in §395.8(d)(6) are examples only. Military time is also acceptable.

Question 17: Section 395.8(d)(4) requires that the name of the motor carrier be shown on the driver’s record of duty status. If a company owns more than one motor carrier subject to the Federal Motor Carrier Safety Regulations (FMCSRs), may the company use logs listing the names of all such motor carrier employers and require the driver to identify the carrier for which he or she drives?

Guidance: Yes, provided three conditions are met. First, the driver must identify his or her motor carrier employer by a method that would be visible on a photocopy of the log. A dark check mark by the carrier’s name would be acceptable. However, a colored highlight of the name would not be acceptable, since these colors are often transparent to photocopiers.

Second, the driver may check off the name of the motor carrier employer only if he or she works for a single carrier during the 24 hour period covered by the log.

Third, if the parent company uses Multi day Logs (Form 139 or 139A), the log for each day must list all motor carrier employers and the driver must identify his or her carrier each day.

Question 18: Regulatory guidance issued by the FMCSA states that a driver’s record-of-duty-status (RODS) may be used as the 100 air-mile radius time record “provided the form contains the mandatory information.” Is this “mandatory information” that required of a normal RODS under section 395.8(d) or that of the 100 air-mile radius exemption under section 395.1(e)(5)?

Guidance: The “mandatory information” referred to is the time records specified by §395.1(e)(5) which must show:(1) the time the driver reports for duty each day; (2) the total number of hours the driver is on duty each day; (3) the time the driver is released from duty each day; and (4) the total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently.

Using the RODS to comply with §395.1(e)(5) is not prohibited as long as the RODS contains driver identification, the date, the time the driver began work, the time the driver ended work, and the total hours on duty.

Question 19: When a driver fails to meet the provisions of the 100 air-mile radius exemption (section 395.1(e)), is the driver required to have copies of his/her records of duty status for the previous seven days? Must the driver prepare daily records of duty status for the next seven days?

Guidance: The driver must only have in his/her possession a record of duty status for the day he/she does not qualify for the exemption. The record of duty status must cover the entire day, even if the driver has to record retroactively changes in status that occurred between the time that the driver reported for duty and the time in which he/she no longer qualified for the 100 air-mile radius exemption. This is the only way to ensure that a driver does not claim the right to drive 10 hours after leaving his/her exempt status, in addition to the hours already driven under the 100 air-mile exemption.

Question 20: What is the carrier’s liability when its drivers falsify records of duty status?

Guidance: A carrier is liable both for the actions of its drivers in submitting false documents and for its own actions in accepting false documents. Motor carriers have a duty to require drivers to observe the FMCSRs.

Question 21: If a driver logs his/her duty status as “driving” but makes multiple short stops (each less than 15 minutes) for on-duty or off-duty activities, marks a vertical line on the grid for each stop, and records the elapsed time for each in the remarks section of the grid, would the aggregate time spent on those non-driving activities be counted against the 10-hour driving limit?

Guidance: No. On-duty not driving time or off-duty time is not counted against the 11-hour/10-hour driving limit.

Question 22: When the driver’s duty status changes, do §§395.8(c) or 395.8(h)(5) require a description of on-duty not driving activities (“fueling,” “pre-trip,” “loading,” “unloading,”, etc.) in the remarks section in addition to the name of the nearest city, town or village followed by the State abbreviation?

Guidance: No. Many motor carriers require drivers to identify work performed during a change of duty status. Part 395 neither requires nor prohibits this practice.

Question 23: When must a driver complete the signature/certification of the driver’s record of duty status?

Guidance: In general, the driver must sign the record of duty status immediately after all required entries have been made for the 24-hour period. However, if the driver is driving at the end of the 24-hour period, he/she must sign during the next stop. A driver may also sign the record of duty status upon going off duty if he/she expects to remain off duty until the end of the 24-hour period.

Question 24: Is a driver (United States or foreign) required to maintain a record of duty status (log book) in a foreign country before entering the U.S.?

Guidance: No. The FMCSA does not require drivers to prepare records of duty status while operating outside the jurisdiction of the United States. However, it may be advantageous for any driver (U.S. or foreign) to prepare records of duty status for short-term foreign trips. Upon entering the U.S., each driver must either:(a) Have in his/her possession a record of duty status current on the day of the examination showing the total hours worked for the prior seven consecutive days, including time spent outside the U.S.; or, (b) Demonstrate that he/she is operating as a “100 air-mile (161 air-kilometer) radius driver”under §395.1(e).

Question 25: If a driver picks up the commercial motor vehicle from a repair facility once repairs are complete, would the driver be allowed to use personal conveyance to their residence from the repair shop?

Guidance: No, travel for repair and maintenance work is being done in the furtherance of the business and is considered on-duty time.

Question 26: Under what circumstances may a driver operate a commercial motor vehicle (CMV) as a personal conveyance?

Guidance: A driver may record time operating a CMV for personal conveyance (i.e., for personal use or reasons) as off-duty only when the driver is relieved from work and all responsibility for performing work by the motor carrier. The CMV may be used for personal conveyance even if it is laden, since the load is not being transported for the commercial benefit of the carrier at that time. Personal conveyance does not reduce a driver's or motor carrier's responsibility to operate a CMV safely. Motor carriers can establish personal conveyance limitations either within the scope of, or more restrictive than, this guidance, such as banning use of a CMV for personal conveyance purposes, imposing a distance limitation on personal conveyance, or prohibiting personal conveyance while the CMV is laden.

(a) Examples of appropriate uses of a CMV while off-duty for personal conveyance include, but are not limited to:

1. Time spent traveling from a driver's en route lodging (such as a motel or truck stop) to restaurants and entertainment facilities.
2. Commuting between the driver's terminal and his or her residence, between trailer-drop lots and the driver's residence, and between work sites and his or her residence. In these scenarios, the commuting distance combined with the release from work and start to work times must allow the driver enough time to obtain the required restorative rest as to ensure the driver is not fatigued.
3. Time spent traveling to a nearby, reasonable, safe location to obtain required rest after loading or unloading. The time driving under personal conveyance must allow the driver adequate time to obtain the required rest in accordance with minimum off-duty periods under 49 CFR 395.3(a)(1) (property-carrying vehicles) or 395.5(a) (passenger-carrying vehicles) before returning to on-duty driving, and the resting location must be the first such location reasonably available.
4. Moving a CMV at the request of a safety official during the driver's off-duty time.
5. Time spent traveling in a motorcoach without passengers to en route lodging (such as motel or truck stop), or to restaurants and entertainment facilities and back to the lodging. In this scenario, the driver of the motorcoach can claim personal conveyance provided the driver is off-duty. Other off-duty drivers may be on board the vehicle, and are not considered passengers.
6. Time spent transporting personal property while off-duty.
7. Authorized use of a CMV to travel home after working at an offsite location.

(b) Examples of uses of a CMV that would not qualify as personal conveyance include, but are not limited to, the following:

1. The movement of a CMV in order to enhance the operational readiness of a motor carrier. For example, bypassing available resting locations in order to get closer to the next loading or unloading point or other scheduled motor carrier destination.
2. After delivering a towed unit, and the towing unit no longer meets the definition of a CMV, the driver returns to the point of origin under the direction of the motor carrier to pick up another towed unit.
3. Continuation of a CMV trip in interstate commerce in order to fulfill a business purpose, including bobtailing or operating with an empty trailer in order to retrieve another load or repositioning a CMV (tractor or trailer) at the direction of the motor carrier.
4. Time spent driving a passenger-carrying CMV while passenger(s) are on board. Off-duty drivers are not considered passengers when traveling to a common destination of their own choice within the scope of this guidance.
5. Time spent transporting a CMV to a facility to have vehicle maintenance performed.
6. After being placed out of service for exceeding the maximum periods permitted under part 395, time spent driving to a location to obtain required rest, unless so directed by an enforcement officer at the scene.
7. Time spent traveling to a motor carrier's terminal after loading or unloading from a shipper or a receiver.
8. Time spent operating a motorcoach when luggage is stowed, the passengers have disembarked and the driver has been directed to deliver the luggage.

Question 27: When can a movement of a CMV during an off-duty period be considered personal conveyance?

Guidance: A move may be considered as personal conveyance if the driver is off-duty and the movement is not for the motor carrier, shipper or receiver’s commercial benefit. Examples include moving a CMV from one parking space to another at a shipper or port, or driving to a truck stop, rest area or any other location. In these situations, the CMV movement is made in the off-duty period. However, the CMV should be moved no farther than the nearest reasonable and safe location to complete the rest period.

An on-duty yard move, such as moving the vehicle a short distance while waiting to load, would not qualify as personal conveyance.

Question 28: May a driver, who drops his or her last load at a receiver’s facility use personal conveyance to return to their normal work location (i.e. home or terminal?)

Guidance: No. Returning home or to the terminal from a dispatched trip is a continuation of the trip, and therefore cannot be considered personal conveyance.

Question 29: Can personal conveyance time be combined with other off-duty time to complete a 10 or 34-hour break?

Guidance: Yes, since PC is off-duty time. However, it is important to note that the provision in §392.3 of the FMCSRs, prohibiting the operation of a commercial motor vehicle while ill or fatigued continues to apply.

Question 30: The guidance allows for “authorized use of a CMV to travel home after working at an offsite location.” What is meant by the term “offsite” when used in this context?

Guidance: The term refers to a location, other than a carrier’s terminal or a shipper’s or receiver’s facility, where a driver works for a temporary period for a particular job. Specifically, this term is intended for construction and utility companies that set up base camps near a major job and operate from there for days or weeks at a time. These remote locations are considered “offsite” locations. Therefore, travel between home and that offsite location is considered commuting time, and qualifies as personal conveyance.

Question 31: Is personal conveyance treated any differently when the driver is hauling hazardous materials?

Guidance: No. There is no restriction on personal conveyance regarding hazardous materials transportation, provided that the driver complies with provisions of 49 CFR parts 177 and 397.

Question 32: Can a driver who claims the short haul exception use personal conveyance?

Guidance: Yes, there is no connection between personal conveyance and the short-haul exception. As always, off-duty time does not extend the 12-hour duty time limitation.

Question 33: How is personal conveyance time calculated in the hours-of-service rules?

Guidance: Time spent under personal conveyance is off-duty time.

Question 34: May a driver use personal conveyance when they run out of available (driving/on-duty) hours?

Guidance: No, except for the one exception described in Guidance Question 26 to 49 CFR 395.8 where a driver who runs out of hours while at a shipper’s or receiver’s facility may drive from that facility to a nearby, safe location to park, provided that the driver allows adequate time to obtain rest in accordance with daily minimum off-duty periods under the Hours of Service rules before beginning to drive. Personal conveyance is those times where a driver is operating solely for a non-business purpose and cannot be used to extend the duty day.

Question 35: Can a loaded vehicle be used as personal conveyance?

Guidance: Yes. Determining personal conveyance is based on the nature of the movement, not whether the vehicle is laden.

Question 36: If a driver is stopped for a roadside inspection and does not have a required ELD installed and in use in the vehicle being operated, what will happen?

Guidance: The inspector will cite the driver for failing to have the proper record of duty status, and will place the driver out of service (OOS) for 10 hours (8 hours for a passenger carrier), in accordance with the Commercial Vehicle Safety Alliance North American Standard Out-of-Service Criteria. At the end of the OOS period, the driver is allowed to complete the current trip to its final destination using paper logs. If the driver is stopped again prior to the final destination, the driver must provide the safety official a copy of the inspection report and evidence (e.g., bill of lading) proving he/she is continuing the original trip. After reaching the final destination, if the driver is dispatched without obtaining a compliant ELD, he/she will again be subject to the OOS procedures. However, a driver may return with an empty CMV to his/her principal place of business or home terminal, as indicated on the roadside inspection report. Violations count against the carrier’s Safety Measurement System (SMS) scores.

Question 37: What procedure should be followed if multiple, compatible electronic logging devices (ELDs) are used to record a driver’s record of duty status (RODS) within a motor carrier’s operation?

Guidance: If multiple, compatible ELDs are used to record a driver’s RODS within a motor carrier’s operation, the ELD in the vehicle the driver is operating must be able to produce a complete ELD report for that driver, on demand, for the current 24-hour period and the previous 7 consecutive days as required by 49 CFR 395.8(k).

Question 38:What procedure should be followed if multiple, incompatible electronic logging devices (ELDs) are used to record a driver’s record of duty status (RODS)?

Guidance: The motor carrier and the driver are responsible for ensuring that the driver is able to produce a complete ELD report for the current 24-hour period and the previous 7 consecutive days as required by 49 CFR 395.8(k). If the driver uses multiple ELDs that are not compatible (e.g., the data file from one system cannot be uploaded into the other system), the driver must either manually enter the missing duty status information or provide a printout from the other system(s) so that an accurate accounting of the duty status for the current and previous seven days is available for the authorized safety official.

Question 39: Can an electronic logging device (ELD) be on a smartphone or other wireless device?

Guidance: Yes, the rule does allow for the use of a mobile device (commonly called a portable or handheld unit). A portable ELD must be mounted in a fixed position during commercial motor vehicle (CMV) operation and visible to the driver from a normal seated driving position. This information can be found in the 49 CFR 395.22(g).

Apps are allowed to be ELDs as long as they are integrally connected to the electronic control module (ECM) bus for the required data and meet all the technical specs.

If more than one component is required to ensure the ELD is compliant with 49 CFR part 395, subpart B, Appendix A, all components must be present and available to the officer to be reasonably viewed at the roadside for the driver to be considered operating with an ELD when an ELD is required.

Question 40: How long must a motor carrier retain electronic logging device (ELD) record of duty status (RODS) data?

Guidance: A motor carrier must retain ELD RODS data and supporting documents for six months. For more information, see 49 CFR 395.8(k)(1). Additionally, a back-up copy of ELD records must be maintained on a device separate from that where original data was stored for six months. Additionally, a motor carrier must retain a driver’s ELD records in a manner that protects driver privacy. For more information, see §395.22(i).

Question 41: If a driver subject to the Electronic Logging Device (ELD) rule is stopped for a roadside inspection and does not have a required ELD installed and in use in the vehicle being operated, what will happen?

Guidance: The inspector will cite the driver for failing to have a required electronic record of duty status (RODS) and will place the driver out of service (OOS) for 10 hours (8 hours for a passenger carrier), in accordance with the Commercial Vehicle Safety Alliance (CVSA) North American Standard Out-of-Service (OOS) Criteria. At the end of the OOS period, the driver is allowed to complete the current trip to his or her final destination using paper logs. If the driver is stopped again prior to the final destination, the driver will be asked to provide the safety official a copy of the inspection report and evidence (e.g., bill of lading) proving he/she is continuing the original trip. After reaching the final destination, if the driver is dispatched without obtaining a compliant ELD, he/she will again be subject to the OOS procedures. However, a driver may return with an empty commercial motor vehicle (CMV) to his/her principal place of business or home terminal, as indicated on the roadside inspection report.

Question 42: What information may be requested to support the exemption for drivers not required to use records of duty status (RODS) more than 8 days in any 30-day period?

Guidance: Authorized safety officials may inspect and copy motor carrier records and request any records needed to perform their duties.

Question 43: Are motor carriers that meet the agricultural exemption defined in 49 CFR 395.1(k) or the covered farm vehicle §395.1(s) subject to the Electronic Logging Device (ELD) rule?

Guidance: The ELD rule does not change any of the current hours of service exemptions. Therefore, motor carriers that meet the exemptions defined in §395.1 are not subject to part 395, including the ELD rule while they are operating under the terms of the exemption. The duty status of the driver may be noted as either off-duty (with appropriate annotation), or “exempt.” Learn more about the agriculture exemption [at www.fmcsa.dot.gov/hours-service/elds/agricultural-commodity].

Question 44: How should an electronic logging device (ELD) record a driver’s hours of service when operating in another country such as Canada?

Guidance: The ELD provider may tailor the device to its customers’ needs/operations to assist them in accurately monitoring drivers’ hours of service compliance in accordance with the hours of service standards of the country operated in, such as cross-border operations.

Question 45: How long must motor carriers retain records of duty status (RODS) and supporting documents?

Guidance: Under 49 CFR 395.8(k)(1), motor carriers must retain RODS and supporting documents for six months from the date of receipt.

Question 46: If the vehicle registration for a commercial motor vehicle (CMV) reflects a model year of 2000 or newer, but the vehicle was manufactured without an electronic control module (ECM), is the carrier required to comply with the Electronic Logging Device (ELD) rule?

Guidance: Yes, a motor carrier operating a vehicle with a manufactured model year of 2000 or newer and without an ECM is subject to the ELD rule, as established by 49 CFR 395.8(a)(1)(iii). If the currently installed engine does not support an ECM and is unable to obtain or estimate the required vehicle parameters, then the operator must use an ELD that does not rely on ECM connectivity, but nevertheless meets the accuracy requirements of the ELD rule. See sections 4.2 and 4.3.1 of 49 CFR part 395, subpart B, Appendix A for accuracy requirements.

Question 47: What time periods can be used to determine the 8 days in any 30-day period?

Guidance: The 30-day period is not restricted to a single month, but applies to any 30-day period. For example, June 15 to July 14 is considered a 30-day period.

Question 48: When does the pre-2000 model year exception apply?

Guidance: When a vehicle is registered, the model year should follow the criteria established by the National Highway Traffic Safety Administration (NHTSA). Generally, the model year is determined by reviewing the vehicle identification number (VIN) on the vehicle registration. If the model year is pre-2000 based on the VIN, an ELD is not required.

However, there may be instances when the model year reflected on the vehicle registration is not the same as the engine model year, most commonly when a vehicle is rebuilt using a “glider kit” or when an engine is swapped from one vehicle to another. Vehicles with engines predating model year 2000 are also accepted and are not required to have an ELD, even if the VIN reported on the registration indicates that the commercial motor vehicle (CMV) is a later model year. While the driver is not required to possess documentation that confirms the vehicle engine model year, 49 CFR part 379 Appendix A requires motor carriers to maintain all documentation on motor and engine changes at the principal place of business.

Question 49: If a motor carrier’s operation is exempt from the requirements of 49 CFR part 395.8, is the motor carrier also exempt from the Electronic Logging Device (ELD) rule?

Guidance: Yes. Motor carriers with operations that are exempt from the requirements of § 395.8 are exempt from the ELD rule.

Question 50: Can a driver use an electronic logging device (ELD) on a commercial motor vehicle (CMV) with a model year older than 2000?

Guidance: Yes. However, the ELD must comply with the ELD rule’s technical specifications. The ELD may use alternative sources to obtain or estimate the required vehicle parameters, in accordance with the accuracy requirements in sections 4.3.1 of 49 CFR part 395, subpart B, Appendix A.

Question 51: What is a motor carrier or driver required to do if they use two electronic logging devices (ELDs) that are not interoperable during a 7-day period?

As a minimal requirement, each driver would need to have printed ELD records with them to reflect their previous seven days or manually add the hours of service records from the previous seven days. Regardless of how the data was recorded, a motor carrier must retain ELD record of duty status (RODS) data and back-up data for six months.

Question 52: Is a Canada/Mexico domiciled motor carrier’s driver, who is exempt under the 100 air-mile radius exception, still exempt from using an ELD when entering the United States more than 8 times in a 30-day period?

Guidance: Yes. Drivers qualify for the 100 air-mile radius (short-haul) exception regardless of the number of times they enter the U.S, provided they meet all requirements of the short-haul exception under 49 CFR 395.1(e).

If a driver operates in the U.S. for more than 8 days during a 30-day period and does not qualify for the short haul exception after the 8th day, the driver is subject to the ELD rule unless another exemption applies.

Question 53: How does the “8 days within a 30-day period” ELD Exemption apply to Canada/Mexico domiciled motor carrier’s drivers when they are operating in the United States?

Guidance: If a driver operates in the U.S. and is required to use a record of duty status for more than 8 days out of any 30-day period, the driver is subject to the ELD rule unless another ELD exemption applies.

Question 54: What is the difference between “paper records of duty status (RODS)” and printouts of RODS from electronic logging devices (ELDs)?

Guidance: “Paper RODS” means RODS that are not kept on an ELD or automatic onboard recording device (AOBRD), but that are either recorded manually (in accordance with 49 CFR 395.8(f)) or on a computer not synchronized with the vehicle or that is otherwise not used as an ELD or AOBRD.

Printouts of RODS from ELDs refer to the reports that ELDs must be able to generate upon request from an authorized safety official, either printout or display, per section 4.8.1 of 49 CFR part 395, subpart B, Appendix A.

Question 55: What are the differences in the requirements for drivers to have in their possession in the CMV copies of their records of duty status when driving in Canada or the United States?

Guidance: A driver operating in the United States must retain in their possession and available for inspection while on duty their daily records of duty status for the current day and the previous 7 consecutive days. (49 CFR §395.8(k)(2)) A driver operating in Canada must have in their possession their daily logs for the current day and the preceding 14-days and supporting documents for the current trip (SOR/2005-313 - Section 84: Possession of Daily Logs and Supporting Documents by Drivers).

Question 56: Are Canada/Mexico domiciled CMV drivers required to have record of duty status (RODS) for the current 24-hour period and the previous 7 consecutive days when crossing into the United States?

Guidance: Yes, if the U.S. destination is beyond 100 air-mile radius of a Canada/Mexico domiciled motor carrier’s driver’s normal work reporting location, the driver must have their current 24-hour period and the previous 7 consecutive days RODS for operations while in Canada or Mexico.

However, if the U.S. destination is within a 100 air-mile radius of a Canada/Mexico domiciled motor carrier’s driver’s normal work reporting location and the driver returns to that location and is released from work within 12 hours, then the driver is not required to keep a paper log or use an AOBRD/ELD during the U.S. portion of the trip.

Question 57: Must a driver from Canada have a record of duty status available for inspection when operating a CMV in the United States?

Guidance: Yes, a driver from Canada is subject to the record of duty status requirements of the United States. (49 CFR §395.8)

Question 58: What are the requirements for driver to have in their possession in the CMV copies of their records of duty status when driving in Mexico and the United States?

Guidance: A driver operating in the United States must retain in their possession and available for inspection while on duty their daily records of duty status for the current day and the previous 7 consecutive days. (49 CFR § 395.8(k)(2)) A driver operating in Mexico must retain in their possession and available for inspection their previous 7-days along with the current day. (See Reglamento de Transito en Carreteras Federales, Titulo Tercero, Capitulo II, Articulo 62 Bis.) The motor carrier is required to prepare logbooks in print or electronic media to be shown to the competent authority.