ELD Rules Explained: Who Needs One, Exemptions and Malfunctions
Who has to log on an electronic logging device, which drivers are exempt, what an inspector can ask for, and what to do when the device fails.
A truck driver who must keep a record of duty status under 49 CFR 395.8 has to use an electronic logging device (ELD) listed on FMCSA’s registered devices list. The main exemptions are drivers who log 8 days or fewer in any 30-day period, short-haul drivers, driveaway-towaway operations and trucks built before model year 2000.
The ELD rule took full effect in December 2019. This guide covers the rules as of November 2026, including a July 2026 change that dropped the requirement to keep the user manual in the cab.
Who must use an ELD?
The ELD requirement follows the logbook requirement. If a driver must prepare a record of duty status (RODS) under the federal hours of service rules, that record must come from a registered ELD unless an exemption applies. This covers most interstate drivers of trucks rated at 10,001 pounds or more and drivers of hazmat loads that require placards.
The device logs driving time automatically from the engine and records location at set intervals. The driver still selects on-duty, off-duty and sleeper berth status. The limits the ELD tracks are explained in our guide to hours of service rules.
Which drivers are exempt from the ELD rule?
Under 49 CFR 395.8(a)(1)(iii), a driver may keep paper logs instead of an ELD when the driver is:
- Required to keep a RODS on no more than 8 days in any 30-day period.
- Driving in a driveaway-towaway operation where the vehicle being driven is part of the shipment.
- Driving in a driveaway-towaway operation where the vehicle transported is a motor home or a recreational vehicle trailer.
- Driving a vehicle manufactured before model year 2000, as shown by the vehicle identification number.
Short-haul drivers who meet the 150 air-mile conditions in 395.1(e) need no RODS at all, so they need no ELD; their carrier keeps time records instead. A driver who stops qualifying for short haul on a given day must log that day, and if that happens more than 8 days in 30, the ELD requirement kicks in.
The pre-2000 exemption is written around the vehicle’s model year. FMCSA guidance has also allowed it for a newer chassis carrying an engine older than model year 2000, such as some glider kits. FMCSA has asked for comment on possible ELD rule revisions since 2022, and as of November 2026 the exemption stands unchanged.
What do you have to carry in the cab?
The carrier must give each driver an ELD information packet, kept in the truck, with three items (49 CFR 395.22(h)):
- An instruction sheet explaining how to transfer hours of service records to an inspector.
- An instruction sheet on malfunction reporting and recordkeeping during a malfunction.
- Enough blank paper graph-grid logs to record at least 8 days.
The ELD user’s manual is no longer required. A final rule published June 22, 2026, removed that requirement effective July 22, 2026. A portable ELD, such as a tablet, must be mounted in a fixed position and visible from the driver’s seat while the truck is moving.
What can a roadside inspector ask for?
An inspector can ask you to show your records for the current day and the previous 7 days, either on the ELD screen or as a printout, and to send them electronically. Every registered ELD supports one of two transfer options:
| Transfer option | Methods it must support |
|---|---|
| Telematics | Wireless web services and email |
| Local | USB 2.0 and Bluetooth |
The officer may hand you a routing code to enter when sending by web services. Drivers who cannot produce records because they do not know how to use the device can be cited, which is why the instruction sheet matters. The inspector may also ask for supporting documents, such as fuel receipts, bills of lading or dispatch records, that confirm the times and places on the log. How inspections are classified is covered in our guide to DOT inspection levels.
What happens when an ELD malfunctions?
When the device malfunctions, the driver has to switch to paper and tell the carrier. The steps are set by 49 CFR 395.34 on ELD malfunctions:
- Note the malfunction and give the carrier written notice within 24 hours.
- Reconstruct the record for the current 24-hour period and the previous 7 days on paper graph-grid logs, unless the records can be pulled from the ELD.
- Keep paper logs until the ELD is repaired or replaced.
The carrier has 8 days from discovery or from the driver’s notice, whichever comes first, to fix or replace the device. A carrier that needs more time must ask the FMCSA Division Administrator in its home state within 5 days of the driver’s notice. A data diagnostic event, such as a missing data element, is different from a malfunction; the driver follows the carrier’s and the provider’s instructions to clear it.
How do you check that an ELD is registered and not revoked?
Carriers must use only devices on FMCSA’s registered ELD list (49 CFR 395.22(a)). ELD makers self-certify their devices, so a listing is not an FMCSA endorsement, and devices can be removed.
- Go to the ELD section of the FMCSA website and open the list of registered devices.
- Search by the device’s name, model number or the provider’s name, and match the ELD identifier shown on your device’s settings screen.
- Open the separate list of revoked devices and confirm your device is not on it.
When FMCSA revokes a device, it publishes the decision, and its notices have given carriers 60 days to replace the device. Drivers using a revoked unit after that period are treated as having no ELD. Check the list before buying or leasing a truck that comes with an installed unit.
Bottom line
A local driver who picks up occasional long runs needs a count of logged days: the ninth day in any 30-day window puts that driver on an ELD. Unassigned driving time, which the device records when nobody is logged in, is something auditors review, so carriers should assign or annotate it promptly. Hours violations found through ELD records feed the HOS Compliance category of CSA scores.
FAQ
Do I need an ELD in a rental truck?
Not if the truck is rented for 8 days or less. An FMCSA exemption granted to the Truck Renting and Leasing Association lets those drivers skip the ELD and keep paper logs where logs are required, as long as they carry a copy of the rental agreement. The exemption runs until October 12, 2027. Longer rentals need an ELD.
Can I use my phone as an ELD?
Yes, if the app and its engine connection are on FMCSA’s registered list and the phone is mounted where you can see it from the driver’s seat. A phone app that is not connected to the engine does not qualify.
How long must ELD records be kept?
The carrier keeps ELD records and supporting documents for 6 months, with a backup copy on a separate device (49 CFR 395.22(i)). The driver must be able to show the current day and previous 7 days.
Can my carrier edit my logs?
The carrier can propose edits, but the driver must approve or reject each one, and the original record is kept. Tampering with an ELD so it does not record accurately is prohibited for both drivers and carriers.
