FMCSA ELD Mandate Info

§ 390.29 Location of records or documents.

(a) A motor carrier with multiple offices or terminals may maintain the records and documents required by this subchapter at its principal place of business, a regional office, or driver work-reporting location unless otherwise specified in this subchapter.

(b) All records and documents required by this subchapter which are maintained at a regional office or driver work-reporting location shall be made available for inspection upon request by a special agent or authorized representative of the Federal Motor Carrier Safety Administration at the motor carrier’s principal place of business or other location specified by the agent or representative within 48 hours after a request is made. Saturdays, Sundays, and Federal holidays are excluded from the computation of the 48-hour period of time.

[63 FR 33276, June 18, 1998]

§ 395.8 Driver’s record of duty status.

(a)

(1) Except for a private motor carrier of passengers (nonbusiness), as defined in § 390.5 of this subchapter, a motor carrier subject to the requirements of this part must require each driver used by the motor carrier to record the driver’s duty status for each 24-hour period using the method prescribed in paragraphs (a)(1)(i) through (iv) of this section, as applicable.

(i) Subject to paragraphs (a)(1)(ii) and (iii) of this section, a motor carrier operating commercial motor vehicles must install and require each of its drivers to use an ELD to record the driver’s duty status in accordance with subpart B of this part no later than December 18, 2017.

(ii) A motor carrier that installs and requires a driver to use an automatic onboard recording device in accordance with § 395.15 before December 18, 2017 may continue to use the compliant automatic on-board recording device no later than December 16, 2019.

(iii)

(A) A motor carrier may require a driver to record the driver’s duty status manually in accordance with this section, rather than require the use of an ELD, if the driver is operating a commercial motor vehicle:

(1) In a manner requiring completion of a record of duty status on not more than 8 days within any 30-day period;
(2) In a driveaway-towaway operation in which the vehicle being driven is part of the shipment being delivered; or
(3) That was manufactured before model year 2000.

(B) The record of duty status must be recorded in duplicate for each 24-hour period for which recording is required. The duty status shall be recorded on a specified grid, as shown in paragraph (g) (see TABLE 4 below) of this section. The grid and the requirements of paragraph (d) of this section may be combined with any company form.

(iv) Subject to paragraphs (a)(1)(i) through (iii) of this section, until December 18, 2017, a motor carrier operating commercial motor vehicles shall require each of its drivers to record the driver’s record of duty status:

(A) Using an ELD that meets the requirements of subpart B of this part;
(B) Using an automatic on-board recording device that meets the requirements of § 395.15; or
(C) Manually, recorded on a specified grid as shown in paragraph (g) of this section. The grid and the requirements of paragraph (d) of this section may be combined with any company form. The record of duty status must be recorded in duplicate for each 24-hour period for which recording is required.

(2) A driver operating a commercial motor vehicle must:

(i) Record the driver’s duty status using one of the methods under paragraph (a)(1) of this section; and
(ii) Submit the driver’s record of duty status to the motor carrier within 13 days of the 24-hour period to which the record pertains.

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(e)

(1) No driver or motor carrier may make a false report in connection with a duty status.

(2) No driver or motor carrier may disable, deactivate, disengage, jam, or otherwise block or degrade a signal transmission or reception, or reengineer, reprogram, or otherwise tamper with an automatic on-board recording device or ELD so that the device does not accurately record and retain required data.

(3) No driver or motor carrier may permit or require another person to disable, deactivate, disengage, jam, or otherwise block or degrade a signal transmission or reception, or reengineer, reprogram, or otherwise tamper with an automatic on-board recording device or ELD so that the device does not accurately record and retain required data.

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(i) [Reserved]

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(k) Retention of driver’s record of duty status and supporting documents.

(1) A motor carrier shall retain records of duty status and supporting documents required under this part for each of its drivers for a period of not less than 6 months from the date of receipt.

§ 395.11 Supporting documents.

(a) Effective date. This section takes effect December 18, 2017.

(b) Submission of supporting documents to motor carrier. Except drivers for a private motor carrier of passengers (nonbusiness), a driver must submit to the driver’s employer the driver’s supporting documents within 13 days of either the 24-hour period to which the documents pertain or the day the document comes into the driver’s possession, whichever is later.

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§ 395.24 Driver responsibilities—In general.

(a) In general. A driver must provide the information the ELD requires as prompted by the ELD and required by the motor carrier.

(b) Driver’s duty status. A driver must input the driver’s duty status by selecting among the following categories available on the ELD:

(1) ‘‘Off duty’’ or ‘‘OFF’’ or ‘‘1’’
(2) ‘‘Sleeper berth’’ or ‘‘SB’’ or ‘‘2’’, to be used only if sleeper berth is used;
(3) ‘‘Driving’’ or ‘‘D’’ or ‘‘3’’; or
(4) ‘‘On-duty not driving’’ or ‘‘ON’’ or ‘‘4’’.

(c) Miscellaneous data.

(1) A driver must manually input the following information in the ELD:

(i) Annotations, when applicable
(ii) Driver’s location description, when prompted by the ELD; and
(iii) Output file comment, when directed by an authorized safety officer.

(2) A driver must manually input or verify the following information on the ELD:

(i) Commercial motor vehicle power unit number;
(ii) Trailer number(s), if applicable;
and
(iii) Shipping document number, if applicable.

(d) Driver use of ELD. On request by an authorized safety official, a driver must produce and transfer from an ELD the driver’s hours-of-service records in accordance with the instruction sheet provided by the motor carrier.

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§ 395.26 ELD data automatically recorded.

(a) In general. An ELD provides the following functions and automatically records the data elements listed in this section in accordance with the requirements contained in appendix A to subpart B of this part.

(b) Data automatically recorded. The ELD automatically records the following data elements:

(1) Date;
(2) Time;
(3) CMV geographic location information;
(4) Engine hours;
(5) Vehicle miles;
(6) Driver or authenticated user identification data;
(7) Vehicle identification data; and
(8) Motor carrier identification data.

(c) Change of duty status. When a driver indicates a change of duty status under § 395.24(b), the ELD records the data elements in paragraphs (b)(1) through (8) of this section.

(d) Intermediate recording.

(1) When a commercial motor vehicle is in motion and there has not been a duty status change or another intermediate recording in the previous 1 hour, the ELD automatically records an intermediate recording that includes the data elements in paragraphs (b)(1) through (8) of this section.

(2) If the intermediate recording is created during a period when the driver indicates authorized personal use of a commercial motor vehicle, the data elements in paragraphs (b)(4) and (5) of this section (engine hours and vehicle miles) will be left blank and paragraph (b)(3) of this section (location) will be recorded with a single decimal point resolution (approximately within a 10-mile radius).

(e) Change in special driving category.If a driver indicates a change in status under § 395.28(a)(2), the ELD records the data elements in paragraphs (b)(1) through (8) of this section.

(f) Certification of the driver’s daily record. The ELD provides a function for recording the driver’s certification of the driver’s records for every 24-hour period. When a driver certifies or recertifies the driver’s records for a given 24-hour period under § 395.30(b)(2), the ELD records the date, time and driver identification data elements in paragraphs (b)(1), (2), and (6) of this section.

(g) Log in/log out. When an authorized user logs into or out of an ELD, the ELD records the data elements in paragraphs (b)(1) and (2) and (b)(4) through (8) of this section.

(h) Engine power up/shut down. When a commercial motor vehicle’s engine is powered up or powered down, the ELD records the data elements in paragraphs (b)(1) through (8) of this section.

(i) Authorized personal use. If the record is created during a period when the driver has indicated authorized personal use of a commercial motor vehicle, the data element in paragraph (b)(3) of this section is logged with a single decimal point resolution (approximately within a 10-mile radius).

(j) Malfunction and data diagnostic event. When an ELD detects or clears a malfunction or data diagnostic event, the ELD records the data elements in paragraphs (b)(1) and (2) and (b)(4) through (8) of this section.

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§ 395.34 ELD malfunctions and data diagnostic events.

(a) Recordkeeping during ELD malfunctions. In case of an ELD malfunction, a driver must do the following:

(1) Note the malfunction of the ELD and provide written notice of the malfunction to the motor carrier within 24 hours;

(2) Reconstruct the record of duty status for the current 24-hour period and the previous 7 consecutive days, and record the records of duty status on graph-grid paper logs that comply with § 395.8, unless the driver already possesses the records or the records are retrievable from the ELD and;

(3) Continue to manually prepare a record of duty status in accordance with § 395.8 until the ELD is serviced and brought back into compliance with this subpart.

(b) Inspections during malfunctions. When a driver is inspected for hours of service compliance during an ELD malfunction, the driver must provide the authorized safety official the driver’s records of duty status manually kept as specified under paragraphs (a)(2) and (3) of this section.

(c) Driver requirements during ELD data diagnostic events. If an ELD indicates that there is a data inconsistency that generates a data diagnostic event, the driver must follow the motor carrier’s and ELD provider’s recommendations in resolving the data inconsistency.

(d) Motor carrier requirements for repair, replacement, or service.

(1) If a motor carrier receives or discovers information concerning the malfunction of an ELD, the motor carrier must take actions to correct the malfunction of the ELD within 8 days of discovery of the condition or a driver’s notification to the motor carrier, whichever occurs first.

(2) A motor carrier seeking to extend the period of time permitted for repair, replacement, or service of one or more ELDs shall notify the FMCSA Division Administrator for the State of the motor carrier’s principal place of business within 5 days after a driver notifies the motor carrier under paragraph (a)(1) of this section. Each request for an extension under this section must be signed by the motor carrier and must contain:

(i) The name, address, and telephone number of the motor carrier representative who files the request;

(ii) The make, model, and serial number of each ELD;

(iii) The date and location of each ELD malfunction as reported by the driver to the carrier; and

(iv) A concise statement describing actions taken by the motor carrier to make a good faith effort to repair, replace, or service the ELD units, including why the carrier needs additional time beyond the 8 days provided by this section.

(3) If FMCSA determines that the motor carrier is continuing to make a good faith effort to ensure repair, replacement, or service to address the malfunction of each ELD, FMCSA may allow an additional period.

(4) FMCSA will provide written notice to the motor carrier of its determination. The determination may include any conditions that FMCSA considers necessary to ensure hours-of-service compliance. The determination shall constitute a final agency action.

(5) A motor carrier providing a request for extension that meets the requirements of paragraph (d)(2) of this section is deemed in compliance with § 395.8(a)(1)(i) and (a)(2) until FMCSA makes an extension determination under this section, provided the motor carrier and driver continue to comply with the other requirements of this section.

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§ 395.36 Driver access to records.

(a) Records on ELD. Drivers must be able to access their own ELD records. A motor carrier must not introduce a process that would require a driver to go through the motor carrier to obtain copies of the driver’s own ELD records if such records exist on or are automatically retrievable through the ELD operated by the driver.

(b) Records in motor carrier’s possession. On request, a motor carrier must provide a driver with access to and copies of the driver’s own ELD records unavailable under paragraph (a) of this section during the period a motor carrier is required to retain the records under § 395.8(k).

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Appendix A to Subpart B of Part 395—Functional Specifications for All Electronic Logging Devices (ELDs)

4. Functional Requirements

4.2. ELD-Vehicle Interface

(a) An ELD must be integrally synchronized with the engine of the CMV. Engine synchronization for purposes of ELD compliance means the monitoring of the vehicle’s engine operation to automatically capture the engine’s power status, vehicle’s motion status, miles driven value, and engine hours value when the CMV’s engine is powered.

(b) An ELD used while operating a CMV that is a model year 2000 or later model year, as indicated by the vehicle identification number (VIN), that has an engine electronic control module (ECM) must establish a link to the engine ECM when the CMV’s engine is powered and receive automatically the engine’s power status, vehicle’s motion status, miles driven value, and engine hours value through the serial or Control Area Network communication protocols supported by the vehicle’s engine ECM. If the vehicle does not have an ECM, an ELD may use alternative sources to obtain or estimate these vehicle parameters with the listed accuracy requirements under section 4.3.1 of this appendix. ** Amended Sept. 15, 2017 **

4.3. ELD Inputs

4.3.1. ELD Sensing

4.3.1.1. Engine Power Status.

An ELD must be powered and become fully functional within 1 minute of the vehicle’s engine receiving power and must remain powered for as long as the vehicle’s engine stays powered.

4.3.1.2. Vehicle Motion Status.

(a) An ELD must automatically determine whether a CMV is in motion or stopped by comparing the vehicle speed information with respect to a set speed threshold as follows:

(1) Once the vehicle speed exceeds the set speed threshold, it must be considered in motion.

(2) Once in motion, the vehicle must be considered in motion until its speed falls to 0 miles per hour and stays at 0 miles per hour for 3 consecutive seconds. Then, the vehicle will be considered stopped.

(3) An ELD’s set speed threshold for determination of the in-motion state for the purpose of this section must not be configurable to greater than 5 miles per hour.

(b) If an ELD is required to have a link to the vehicle’s engine ECM, vehicle speed information must be acquired from the engine ECM. Otherwise, vehicle speed information must be acquired using an independent source apart from the positioning services described under section 4.3.1.6 of this appendix and must be accurate within ±3 miles per hour of the CMV’s true ground speed for purposes of determining the in-motion state for the CMV.

4.3.1.3. Vehicle Miles

(a) An ELD must monitor vehicle miles as accumulated by a CMV over the course of an ignition power on cycle (accumulated vehicle miles) and over the course of CMV’s operation (total vehicle miles). Vehicle miles information must use or must be converted to units of whole miles.

(b) If the ELD is required to have a link to the vehicle’s engine ECM as specified in section 4.2 of this appendix:

(1) The ELD must monitor the engine ECM’s odometer message broadcast and use it to log total vehicle miles information; and

(2) The ELD must use the odometer message to determine accumulated vehicle miles since engine’s last power on instance.

(c) If the ELD is not required to have a link to the vehicle’s engine ECM as specified in section 4.2 of this appendix, the accumulated vehicle miles indication must be obtained or estimated from a source that is accurate to within ±10% of miles accumulated by the CMV over a 24-hour period as indicated on the vehicle’s odometer display.

4.3.1.4. Engine Hours

(a) An ELD must monitor engine hours of the CMV over the course of an ignition power on cycle (elapsed engine hours) and over the course of the total engine hours of the CMV’s operation. Engine hours must use or must be converted to hours in intervals of a tenth of an hour.

(b) If an ELD is required to have a link to the vehicle’s engine ECM, the ELD must monitor the engine ECM’s total engine hours message broadcast and use it to log total engine hours information. Otherwise, engine hours must be obtained or estimated from a source that monitors the ignition power of the CMV and must be accurate within ±0.1 hour of the engine’s total operation within a given ignition power on cycle.

4.3.1.5. Date and Time

(a) The ELD must obtain and record the date and time information automatically without allowing any external input or interference from a motor carrier, driver, or any other person.

(b) The ELD time must be synchronized to Coordinated Universal Time (UCT) and the absolute deviation from UCT must not exceed 10 minutes at any point in time.

4.3.1.6. CMV Position

(a) An ELD must determine automatically the position of the CMV in standard latitude/longitude coordinates with the accuracy and availability requirements of this section.

(b) The ELD must obtain and record this information without allowing any external input or interference from a motor carrier, driver, or any other person.

(c) CMV position measurement must be accurate to ±0.5 mile of absolute position of the CMV when an ELD measures a valid latitude/longitude coordinate value.

(d) Position information must be obtained in or converted to standard signed latitude and longitude values and must be expressed as decimal degrees to hundreds of a degree precision (i.e., a decimal point and two decimal places).

(e) Measurement accuracy combined with the reporting precision requirement implies that position reporting accuracy will be on the order of ±1mile of absolute position of the CMV during the course of a CMV’s commercial operation.

(f) During periods of a driver’s indication of personal use of the CMV, the measurement reporting precision requirement is reduced to tenths of a degree (i.e., a decimal point and single decimal place) as further specified in section 4.7.3 of this appendix.

(g) An ELD must be able to acquire a valid position measurement at least once every 5 miles of driving; however, the ELD records CMV location information only during ELD events as specified in section 4.5.1 of this appendix.

4.3.1.7. CMV VIN

The vehicle identification number (VIN) for the power unit of a CMV must be automatically obtained from the engine ECM and recorded if it is available on the vehicle databus.

4.3.2. Driver’s Manual Entries

(a) An ELD must prompt the driver to input information into the ELD only when the CMV is stationary and driver’s duty status is not on-duty driving, except for the condition specified in section 4.4.1.2 of this appendix.

(b) If the driver’s duty status is driving, an ELD must only allow the driver who is operating the CMV to change the driver’s duty status to another duty status.

(c) A stopped vehicle must maintain zero (0) miles per hour speed to be considered stationary for purposes of information entry into an ELD.

(d) An ELD must allow an authenticated co-driver who is not driving, but who has logged into the ELD prior to the vehicle being in motion, to make entries over his or her own records when the vehicle is in motion. The ELD must not allow co-drivers to switch driving roles when the vehicle is in motion.

4.3.2.1. Driver’s Entry of Required Event Data Fields

(a) An ELD must provide a means for a driver to enter information pertaining to the driver’s ELD records manually, e.g., CMV power unit number, as specified in section 7.4 of this appendix; trailer number(s), as specified in section 7.42; and shipping document number, as specified in section 7.39.

(b) If the motor carrier populates these fields automatically, the ELD must provide means for the driver to review such information and make corrections as necessary.

4.3.2.2. Driver’s Status Inputs

4.3.2.2.1. Driver’s Indication of Duty Status

(a) An ELD must provide a means for the authenticated driver to select a driver’s duty status.

(b) The ELD must use the ELD duty status categories listed in Table 1 of this appendix.

4.3.2.2.2. Driver’s Indication of Situations Impacting Driving Time Recording

(a) An ELD must provide the means for a driver to indicate the beginning and end of a period when the driver may use the CMV for authorized personal use or for performing yard moves. The ELD must acquire this status in a standard format from the category list in Table 2 of this appendix. This list must be supported independent of the duty status categories described in section 4.3.2.2.1 of this appendix.

(b) An ELD must allow a driver to select only categories that a motor carrier enables by configuration for that driver, as described in section 4.3.3.1.1 of this appendix.

(c) An ELD must only allow one category to be selected at any given time and use the latest selection by the driver.

(d) The ELD must prompt the driver to enter an annotation upon selection of a category from Table 2 (pg 103) of this appendix and record the driver’s entry.

(e) A driver’s indication of special driving situation must reset to none if the ELD or CMV’s engine goes through a power off cycle (ELD or CMV’s engine turns off and then on) except if the driver has indicated authorized personal use of CMV. If the driver has indicated authorized personal use of the CMV, the ELD must require confirmation of continuation of the authorized personal use of CMV condition by the driver. If not confirmed by the driver and the vehicle is in motion, the ELD must default to none.

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4.3.2.4. Driver’s Data Transfer Initiation Input

(a) An ELD must provide a standardized single-step driver interface for compilation of driver’s ELD records and initiation of the data transfer to authorized safety officials when requested during a roadside inspection.

(b) The ELD must input the data transfer request from the driver, require confirmation, present and request selection of the supported data transfer options by the ELD, and prompt for entry of the output file comment as specified in section 4.3.2.5 of this appendix. Upon confirmation, the ELD must generate the compliant output file and perform the data transfer.

(c) The supported single-step data transfer initiation mechanism (such as a switch or an icon on a touch-screen display) must be clearly marked and visible to the driver when the vehicle is stopped.

4.3.2.5. Driver’s Entry of an Output File Comment

An ELD must accommodate the entry of an output file comment up to 60 characters long. If an authorized safety official provides a key phrase or code during an inspection to be included in the output file comment, it must be entered and embedded in the electronic ELD records in the exchanged dataset as specified in section 4.8.2.1.1 of this appendix. The default value for the output file comment must be blank. This output file comment must be used only for the creation of the related data files for the intended time, place, and ELD user.

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4.4.3. Date and Time Conversions

(a) An ELD must have the capability to convert and track date and time captured in UTC standard to the time standard in effect at driver’s home terminal, taking the daylight savings time changes into account by using the parameter ‘‘Time Zone Offset from UTC’’ as specified in section 7.41 of this appendix.

(b) An ELD must record the driver’s record of duty status using the time standard in effect at the driver’s home terminal for a 24-hour period beginning with the time specified by the motor carrier for that driver’s home terminal.

(c) The data element ‘‘Time Zone Offset from UTC’’ must be included in the ‘‘Driver’s Certification of Own Records’’ events as specified in section 4.5.1.4 of this appendix.

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4.5. ELD Recording

4.5.1. Events and Data To Record

An ELD must record data at the following discrete events:

4.5.1.1. Event: Change in Driver’s Duty Status

When a driver’s duty status changes, the ELD must associate the record with the driver, the record originator—if created during an edit or entry—the vehicle, the motor carrier, and the shipping document number and must include the following data elements:

(a) < Event Sequence ID Number > as described in section 7.24 of this appendix;
(b) < Event Record Status > as described in section 7.23;
(c) < Event Record > Origin as described in section 7.22;
(d) < Event Type > as described in section 7.25;
(e) < Event Code > as described in section 7.20;
(f) < {Event} Date > as described in section 7.8;
(g) < {Event} Time > as described in section 7.40;
(h) < {Accumulated} Vehicle Miles > as described in section 7.43;
(i) < {Elapsed} > Engine Hours as described in section 7.19;
(j) <{Event}> Latitude as described in section 7.31;
(k) <{Event}> Longitude as described in section 7.33;
(l) < Distance Since Last Valid Coordinates > as described in section 7.9;
(m) < Malfunction Indicator Status {for ELD} > as described in section 7.35;
(n) < Data Diagnostic Event Indicator Status {for Driver} > as described in section 7.7;
(o) < {Event} > Comment/Annotation as described in section 7.6;
(p) < Driver’s Location Description > as described in section 7.12; and
(q) < Event Data Check Value > as described in section 7.21.

4.5.1.2. Event: Intermediate Logs

(a) When a CMV is in motion, as described in section 4.3.1.2 of this appendix, and there has not been a duty status change event or another intermediate log event recorded in the previous 1-hour period, the ELD must record a new intermediate log event.

(b) The ELD must associate the record to the driver, the vehicle, the motor carrier, and the shipping document number, and must include the same data elements outlined in section 4.5.1.1 of this appendix except for item (p) in section 4.5.1.1.

4.8.1.2. Display Requirements

(a) This section does not apply if an ELD produces a printout for use at a roadside inspection.

(b) An ELD must be designed so that its display may be reasonably viewed by an authorized safety official without entering the commercial motor vehicle. For example, the display may be untethered from its mount or connected in a manner that would allow it to be passed outside of the vehicle for a reasonable distance.

4.8.1.3. Information To Be Shown on the Printout and Display at Roadside

(a) The printout and display must show reports for the inspected driver’s profile and the unidentified driver profile separately. If there are no unidentified driver records existing on the ELD for the current 24-hour period and 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.

(b) The printout and display must show the following information for the current 24-hour period and each of the previous 7 consecutive days: (Items in < . > are data elements.)

HEADER (log book Header data):
Date: < Date {of Record} >
24-hour Starting Time, Time Zone Offset from UTC: < 24-Hour Period Starting Time >, < Time Zone Offset from UTC >
Carrier: < Carrier’s USDOT number >,< Carrier Name >
Driver Name: < {Driver} Last Name >, < {Driver} First Name >
Driver ID: < ELD username { for the driver } >
Driver License State < {Driver} Driver License Issuing State >
Driver License Number: < {Driver} Driver License Number >
Co-Driver: < {Co-Driver’s} Last Name >, < {Co-Driver’s} First Name >
Co-Driver ID: < ELD username{for the co-driver} >
Current Odometer: < {Current}{Total} Vehicle Miles >
Current Engine Hours: < {Current}{Total} Engine Hours >
ELD ID: < ELD Registration ID >
ELD Provider: < Provider >
Truck Tractor ID: < CMV Power Unit Number >
Truck Tractor VIN: < CMV VIN >
Shipping ID: < Shipping Document Number >
Current Location: < {Current} Geo-location >
Unidentified Driving Records: < {Current} Data Diagnostic Event Indicator Status {for “Unidentified driving records data diagnostic” event} >
Exempt Driver Status: < Exempt Driver Configuration {for the Driver} >
ELD Malfunction Indicators: < Malfunction Indicator Status {and Malfunction Description} {for ELD} >
Driver’s Data Diagnostic Status: < Data Diagnostic Event Status {and Diagnostic Description}{for Driver} >
Date: < Date {of Printout or Display} >

GRAPH :
24 Hours [Print/Display Graph Grid]
Total hours < Total Hours {in working day so far} >
Off duty < Total Hours {logged in Off-duty status} >
Sleeper Berth < Total Hours {logged in Sleeper berth status} >
Driving < Total Hours {logged in Driving status} >
On duty not driving < Total Hours {logged in on-duty not driving status} >
Miles Today < Vehicle Miles {Driven Today} >

GRID (Log book detail data):
< {Event} Date >
< {Event} Time >
< Geo-Location >
< {Accumulated} Vehicle Miles >
< {Elapsed} Engine Hours >
< Event Record Status >
< Event Record Origin >

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5. ELD Registration and Certification

As described in § 395.22(a) of this part, motor carriers must only use ELDs that are listed on the FMCSA Web site. An ELD provider must register with FMCSA and certify each ELD model and version for that ELD to be listed on this Web site.

5.1. ELD Provider’s Registration

5.1.1. Registering Online

(a) An ELD provider developing an ELD technology must register online at a secure FMCSA Web site where the ELD provider can securely certify that its ELD is compliant with this appendix.

(b) Provider’s registration must include the following information:

(1) Company name of the technology provider/manufacturer.
(2) Name of an individual authorized by the provider to verify that the ELD is compliant with this appendix and to certify it under section 5.2 of this appendix.
(3) Address of the registrant.
(4) Email address of the registrant.
(5) Telephone number of the registrant.

5.1.2. Keeping Information Current – The ELD provider must keep the information in section 5.1.1(b) of this appendix current through FMCSA’s Web site.

5.1.3. Authentication Information – Distribution – FMCSA will provide a unique ELD registration ID, authentication key(s), authentication file(s), and formatting and configuration details required in this appendix to registered providers during the registration process.

5.2. Certification of Conformity With FMCSA Standards – A registered ELD provider must certify that each ELD model and version has been sufficiently tested to meet the functional requirements included in this appendix under the conditions in which the ELD would be used.

5.2.1. Online Certification

(a) An ELD provider registered online as described in section 5.1.1 of this appendix must disclose the information in paragraph (b) of this section about each ELD model and version and certify that the particular ELD is compliant with the requirements of this appendix.

(b) The online process will only allow a provider to complete certification if the provider successfully discloses all of the following required information:

(1) Name of the product.
(2) Model number of the product.
(3) Software version of the product.
(4) An ELD identifier, uniquely identifying the certified model and version of the ELD, assigned by the ELD provider in accordance with section 7.15 of this appendix.
(5) Picture and/or screen shot of the product.
(6) User’s manual describing how to operate the ELD.
(7) Description of the supported and certified data transfer mechanisms and stepby-step instructions for a driver to produce and transfer the ELD records to an authorized safety official.
(8) Summary description of ELD malfunctions.
(9) Procedure to validate an ELD authentication value as described in section 7.14 of this appendix.

5.2.2. Procedure To Validate an ELD’s Authenticity – Paragraph 5.2.1(b)(9) of this appendix requires that the ELD provider identify its authentication process and disclose necessary details for FMCSA systems to independently verify the ELD authentication values included in the dataset of inspected ELD outputs. The authentication value must include a hash component that only uses data elements included in the ELD dataset and datafile. ELD authentication value must meet the requirements specified in section 7.14 of this appendix.

5.3. Publicly Available Information – Except for the information listed under paragraphs 5.1.1(b)(2), (4), and (5) and 5.2.1(b)(9) of this appendix, FMCSA will make the information in sections 5.1.1 and 5.2.1 for each certified ELD publicly available on a Web site to allow motor carriers to determine which products have been properly registered and certified as ELDs compliant with this appendix.

5.4. Removal of Listed Certification

5.4.1. Removal Process – FMCSA may remove an ELD model or version from the list of ELDs on the FMCSA Web site in accordance with this section.

5.4.2. Notice – FMCSA shall initiate the removal of an ELD model or version from the list of ELDs on the FMCSA Web site by providing the ELD provider written notice stating:

(a) The reasons FMCSA proposes to remove the model or version from the FMCSA list; and

(b) Any corrective action that the ELD provider must take for the ELD model or version to remain on the list.

5.4.3. Response – An ELD provider that receives notice under section 5.4.2 of this appendix may submit a response to the Director, Office of Carrier Driver, and Vehicle Safety Standards no later than 30 days after issuance of the notice of proposed removal, explaining:

(a) The reasons why the ELD provider believes the facts relied on by the Agency, in proposing removal, are wrong; or

(b) The action the ELD provider will take to correct the deficiencies that FMCSA identified.

5.4.4. Agency Action

(a) If the ELD provider fails to respond within 30 days of the date of the notice issued under section 5.4.2 of this appendix, the ELD model or version shall be removed from the FMCSA list.

(b) If the ELD provider submits a timely response, the Director, Office of Carrier, Driver, and Vehicle Safety Standards, shall review the response and withdraw the notice of proposed removal, modify the notice of proposed removal, or affirm the notice of proposed removal, and notify the ELD provider in writing of the determination.

(c) Within 60 days of the determination, the ELD provider shall take any action required to comply. If the Director determines that the ELD provider failed to timely take the required action within the 60 day period, the ELD model or version shall be removed from the FMCSA list.

(d) The Director, Office of Carrier, Driver, and Vehicle Safety Standards may request from the ELD provider any information that the Director considers necessary to make a determination under this section.

5.4.5. Administrative Review

(a) Within 30 days of removal of an ELD model or version from the FMCSA list of certified ELDs under section 5.4.4 of this appendix, the ELD provider may request administrative review.

(b) A request for administrative review must be submitted in writing to the FMCSA Associate Administrator for Policy. The request must explain the error committed in removing the ELD model or version from the FMCSA list, identify all factual, legal, and procedural issues in dispute, and include any supporting information or documents.

(c) The Associate Administrator may ask the ELD provider to submit additional information or attend a conference to discuss the removal. If the ELD provider does not submit the requested information or attend the scheduled conference, the Associate Administrator may dismiss the request for administrative review.

(d) The Associate Administrator will complete the administrative review and notify the ELD provider of the decision in writing. The decision constitutes a final Agency action.

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