ELD Rule - Answers to Commonly Asked Questions

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We have received many inquiries regarding the Federal Electronic Logging Device (ELD) regulation. Read below to find answers to the most common ELD questions.

What are the key requirements of the Electronic Logging Device (ELD) rule?

The ELD rule:

Requires ELD use by commercial drivers who are required to prepare hours-of-service (HOS) records of duty status (RODS).
Sets ELD performance and design standards, and requires ELDs to be certified and registered with FMCSA.
Establishes what supporting documents drivers and carriers are required to keep.
Prohibits harassment of drivers based on ELD data or connected technology (such as fleet management system). The rule also provides recourse for drivers who believe they have been harassed.

Who is exempt from the Federal ELD rule?

Drivers who use the timecard exception are not required to keep records of duty status (RODS) or use ELDs. Additionally, the following drivers are not required to use ELDs; however, they are still bound by the RODS requirements in 49 CFR 395 and must prepare logs on paper, using an Automatic On-Board Recording Device (AOBRD), or with a logging software program when required:

Drivers who use paper RODS for not more than 8 days out of every 30-day period.
Drivers of vehicles manufactured before 2000.
Drivers who are required to keep RODS not more than 8 days within any 30-day period.
Drivers who conduct drive-away-tow-away operations, where the vehicle being driven is the commodity being delivered, or the vehicle being transported is a motor home or a recreation vehicle trailer with one or more sets of wheels on the surface of the roadway.
Drivers of vehicles manufactured before the model year 2000. (As reflected on the vehicle registration)

Source: FMCSA FAQs

Does the Federal ELD rule apply to CA intrastate carriers?
Currently, the rule only covers interstate carriers. The CHP’s current intention is that by December 31, 2020, California (intrastate) carriers must equip their vehicles with ELDs unless an exemption is met. This is subject to change. CTA will update members with any changes.

View the CHP’s presentation on the ELD rule: Electronic Logging Devices PowerPoint

What is the difference between interstate and intrastate commerce?

Interstate commerce is when a person drives a CMV:

• From one State to another State or a foreign country;

• Between two places within a State, but during part of the trip, the CMV crosses into another State or foreign country; or

• Between two places within a State, but the cargo or passengers are part of a trip that began or will end in another State or foreign country.

Intrastate commerce is when:

•A person does not meet any of the descriptions above for interstate commerce.

•The cargo or passengers originate in and the final destination is in California.

•A person does not cross state or international borders.

Are motor carriers that meet the agricultural exemption defined in 395.1(k) or the covered farm vehicle 395.1(s) subject to the ELD rule?

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." Click here for additional information on the agriculture exemption.

Source: FMCSA: ELD Hours of Service (HOS) and Agricultural Exemptions

For more information on ELDs or to find answers to compliance questions, contact Heather Ward, Compliance Coordinator, at hward@caltrux.org.

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