Minds → Commercial Trucking → What does 49 CFR 395.8 require for a driver record of duty status, including electronic logging device requirements? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources.
US FederalFMCSA49 CFR 395.8

What does 49 CFR 395.8 require for a driver record of duty status, including electronic logging device requirements? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources.

Under 49 CFR 395.8 (current eCFR text), a motor carrier must require each driver to record duty status for each 24-hour period using an ELD meeting Subpart B specifications no later than December 18, 2017. Manual logging is allowed only for exceptions: drivers requiring a record on not more than 8 days in any 30-day period, driveaway-towaway operations, or vehicles manufactured before model year 2000 (per VIN). Records must be kept in duplicate on the graph grid, stay current, be made only by the driver, be submitted within 13 days, and be retained by the carrier at least 6 months, with drivers keeping 7 days of copies.
Last verified: 2026-08-26 · Sources checked: 1/1 resolving · Next scheduled review: 2026-11-24

How it works

Every motor carrier subject to Part 395 must require its drivers to record duty status for each 24-hour period ([§ 395.8(a)(1)]). Entries must fall into four categories — "off duty," "sleeper berth," "driving," and "on-duty not driving" — drawn on the graph grid shown in paragraph (g), with the manual record made in duplicate. For every change of duty status, the driver records the city, town, or village name with State abbreviation. Paragraph (d) also requires the date, total miles, vehicle number(s), carrier name, driver's certification signature, 24-hour starting time, main office address, remarks, co-driver name, total hours (summing to 24), and shipping document number(s).

Numbers & thresholds

Item Value
ELD mandate compliance date No later than December 18, 2017
Submission deadline to carrier Within 13 days of the 24-hour period
Carrier retention of RODS & supporting documents Not less than 6 months
Driver retention of RODS copies Previous 7 consecutive days
Manual-log low-frequency threshold Not more than 8 days within any 30-day period
Pre-ELD vehicle exception Manufactured before model year 2000 (per VIN)

Exceptions & edge cases

Private motor carriers of passengers (nonbusiness), as defined in § 390.5, are exempt from the § 395.8(a)(1) recording requirement. Manual paper logging is permitted instead of an ELD only under narrow conditions: the 8-days-in-30 threshold, driveaway-towaway operations (including motor homes or recreation vehicle trailers), or pre-2000 model-year vehicles. When a driver works for more than one motor carrier in a 24-hour period, a copy of the RODS goes to each carrier, showing each carrier's name plus beginning and finishing times. Both drivers and motor carriers are prohibited from making false duty-status reports and from disabling, jamming, reprogramming, or otherwise tampering with an ELD so it cannot accurately record data.

Sources

  1. [1]U.S. National Archives, Electronic Code of Federal Regulations — 49 CFR 395.8 — Driver's record of duty status · as of 2026-08-26

Ask this MIND

This answer is static and source-locked. Ask Commercial Trucking your version of this question.

Related questions

This is general information, not advice. Commercial Trucking summarizes primary sources (FMCSA, DOT, PHMSA) as of the dates shown. It is not tax/legal/immigration advice and doesn’t account for your situation. Consult a qualified professional before acting. About this MIND

This page is one mind’s knowledge, published.

MIND turns your documents into a queryable, citable knowledge graph.

Make your own MIND →
Content licensed CC BY 4.0 · Attribution: "Source: MIND (m-i-n-d.ai)" · License terms