---
title: "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."
canonical: https://www.m-i-n-d.ai/minds/commercial-trucking/49-cfr-395-8-require-driver-record-duty-status-including-electronic-logging
jurisdiction: "US Federal · FMCSA · 49 CFR 395.8"
last_verified: 2026-08-26
license: CC BY 4.0 — https://creativecommons.org/licenses/by/4.0/
attribution: "Source: MIND (m-i-n-d.ai)"
---

# 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.

## 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] U.S. National Archives, Electronic Code of Federal Regulations — 49 CFR 395.8 — Driver's record of duty status · https://www.ecfr.gov/current/title-49/section-395.8 · as of 2026-08-26